[blindlaw] Re Witnessing documents as blind lawyer

joshjsmith at charter.net joshjsmith at charter.net
Fri Aug 3 13:18:34 UTC 2012 

Qualifications in the U.S. seem to be lower than the rest of the world. 
Not that that is a bad ting.  In Mexico for example a notary has legal 
training and gets paid a lot of money.  Now in Mexico a notary is 
vouching for the contents of the document, not just the authenticity of 
the signatures.


On Wed, Aug 1, 2012 at 2:23 PM, Gerard Sadlier wrote:

> 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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>>>> t
>>>>
>>>>
>>>>
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>>>
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>>
>>
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>
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