[blindlaw] Re Witnessing documents as blind lawyer

Wed Aug 1 18:23:36 UTC 2012

Hi, thanks for this. My question though is what qualifications one
must have to be appointed as a notary, whether blind or sighted. In
Ireland, appointment is in practice restricted to very experienced and
senior solicitors.
G

On 8/1/12, ckrugman at sbcglobal.net <ckrugman at sbcglobal.net> wrote:
> The following are links to sections of California Codes that address the
> duties and requirements of notaries. While nowhere in these requirements
> does it say that sight tis required there would be subsequent grounds to
> challenge the credibility of the notary.
>
> http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=7845697043+2+0+0&WAISaction=retrieve
> in the second link refer specifically to Section 1185 of the California
> Civil code
> http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1180-1207
> ----- Original Message
>
> Chuck Krugman, MSW Paralegal
> 1237 P Street
> Fresno ca 93721
> 559-266-9237
> http://www.linkedin.com/pub/chuck-krugman/b/357/722
>  -----
> From: "Gerard Sadlier" <gerard.sadlier at gmail.com>
> To: "Blind Law Mailing List" <blindlaw at nfbnet.org>
> Sent: Tuesday, July 31, 2012 1:21 PM
> Subject: Re: [blindlaw] Re Witnessing documents as blind lawyer
>
>
>> What functions does a notary perform in your system?
>>
>> A previous poster suggested that one could become a notary quite
>> easily in her jurisdiction? Is that right?
>>
>> What are the criteria for admission?
>>
>>
>>
>> On 7/31/12, Daniel McBride <dlmlaw at sbcglobal.net> wrote:
>>> Mr. Borah:
>>>
>>> As an attorney, my obligations lie solely with my client.  I must
>>> represent
>>> my client zealously within the bounds of the law.  If an evidentiary
>>> issue
>>> arises, regarding the authenticity and admissibility of said document,
>>> it
>>> is
>>> my obligation to fully challenge same before its admittance.
>>>
>>> If this means challenging its authenticity resulting from a blind
>>> notary's
>>> ability to properly identify said document, then I will do so.  As I am
>>> representing my client, and not the interests of blind notaries, it is
>>> no
>>> hypocrisy.
>>>
>>> Dan McBride
>>>
>>>
>>>
>>> -----Original Message-----
>>> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
>>> On
>>> Behalf Of Kyle Borah
>>> Sent: Monday, July 30, 2012 3:11 PM
>>> To: Blind Law Mailing List
>>> Subject: Re: [blindlaw] Re Witnessing documents as blind lawyer
>>>
>>> I'm not trying to challenge your philosophies or ways of doing things,
>>> but
>>> isn't that kind of hypocritical? What I mean is, you're blind and you're
>>> not
>>> even going to trust another blind person that the document was signed
>>> correctly.
>>>
>>> Blessings,
>>> Kyle Borah
>>>
>>> At-large board member of the Missouri Association of Blind Students and
>>> proud graduate of Oakville Senior high school class of 2012.
>>>
>>> Learn to do right; seek justice. Defend the oppressed. Take up the cause
>>>
>>> of
>>> the fatherless; plead the case of the widow.
>>> Isaiah 1:17
>>>
>>> On Jul 30, 2012, at 2:52 PM, "Daniel McBride" <dlmlaw at sbcglobal.net>
>>> wrote:
>>>
>>> Mr. Langlois:
>>>
>>> I would not give up being a Notary, especially if same provides a source
>>>
>>> of
>>> income.  However, as a blind attorney, I would challenge the
>>> authenticity
>>> of
>>> any legal document that I knew to be notarized by a blind person.
>>>
>>> Dan McBride
>>>
>>> -----Original Message-----
>>> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
>>> On
>>> Behalf Of Brian Langlois
>>> Sent: Sunday, July 29, 2012 9:25 PM
>>> To: ckrugman at sbcglobal.net; Blind Law Mailing List
>>> Subject: Re: [blindlaw] Re Witnessing documents as blind lawyer
>>>
>>> O-oh, I'm a notary and I'm totally blind.
>>> Should I give it up?
>>> Brian Langlois, Massachusetts
>>>
>>> ----- Original Message -----
>>> From: <ckrugman at sbcglobal.net>
>>> To: "Blind Law Mailing List" <blindlaw at nfbnet.org>
>>> Sent: Sunday, July 29, 2012 10:07 PM
>>> Subject: Re: [blindlaw] Re Witnessing documents as blind lawyer
>>>
>>>
>>>> As a blind paralegal and formerly as a clinical social workerand
>>>> advocate
>>>>
>>>> I always had a sighted witness such as clerical staff or notary witness
>>>> documents as I would have no knowledge of how the document was signed
>>>> or
>>>> what was written as the signature. It is for this person that a blind
>>>> person cannot be a notary.
>>>> Chuck Krugman, MSW Paralegal
>>>> 1237 P Street
>>>> Fresno ca93721
>>>> 559-266-9237
>>>> http://www.linkedin.com/pub/chuck-krugman/b/357/722
>>>> ----- Original Message -----
>>>> From: "Elizabeth Rene" <emrene at earthlink.net>
>>>> To: <blindlaw at nfbnet.org>
>>>> Sent: Sunday, July 29, 2012 3:02 PM
>>>> Subject: [blindlaw] Re Witnessing documents as blind lawyer
>>>>
>>>>
>>>>> I think one should first look carefully at one's state statutes
>>>>> regarding
>>>
>>>>> documents that must be witnessed: Wills, deeds, etc., to see what
>>>>> makes
>>>>> them valid or invalid.  It might be that one doesn't need even to see
>>>>> the
>>>
>>>>> document signed, but only to have, e.g. the testator, grantor, etc.
>>>>> say
>>> in
>>>
>>>>> your presence that the signature is his or hers.
>>>>>
>>>>> And there's always a little theatre in lawyering, I think.  If you're
>>>>> worried about how it will look to your client to have a blind person
>>>>> witnessing a document, why not have a notary public there, with all
>>>>> her
>>>>> seals and affidavits, to acknowledge the signature, with you and
>>>>> whomever
>>>
>>>>> else to sign off as witnesses?  It might not be legally required to
>>>>> make
>>>>>
>>>>> your document valid, but could put the client's and your own mind at
>>>>> rest. And there's nothing to being made a notary, so your secretary
>>>>> could
>>>
>>>>> serve that function, with no extra cost to your client.  This is with
>>>>> the
>>>
>>>>> caveat that my words aren't legal advice, and, as Bill Handle always
>>>>> says
>>>
>>>>> on his radio show, "worth every cent you paid for it!"
>>>>>
>>>>> Elizabeth
>>>>>
>>>>>
>>>>>
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>>> et
>>>>
>>>>
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>>
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>
>
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