[blindlaw] Re Witnessing documents as blind lawyer

Ross Doerr rumpole at roadrunner.com
Fri Aug 3 15:47:33 UTC 2012 

In the U.S. you can get a differring recitation of what it takes to be a
Notary or JP on a state by state basis.
For example, I'm admitted to practice in New Hampshire as well as Maine, and
the qualification are very, very different.
In N.H. I was a JP and a Notary Public, had to fill out application forms,
get sponsors and be approved by the Secretary of State's office, but it was
done by application.
In Maine, if you're an attorney, you're a notary.  But you can't be  a
Justice of the peace unless a position comes open, and then it is a
combination of appointment and application, and you are usually under the
scrutiny of county authorities. It was a difference of night and day when I
moved from N.H. to Maine. Frankly, Maine made such a big deal out of it that
I haven't looked at their requirements in a long time, so what I state in
this email may no longer be valid.
No matter the State though,  you had better have a pretty good idea that
what is being sworn to is true, or you can get in trouble. 
 

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of joshjsmith at charter.net
Sent: Friday, August 03, 2012 9:19 AM
To: Blind Law Mailing List
Cc: Blind Law Mailing List
Subject: Re: [blindlaw] Re Witnessing documents as blind lawyer

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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