[blindlaw] Re Witnessing documents as blind lawyer

Mon Jul 30 22:36:18 UTC 2012

Its not a question of trusting another blind person or not. The issue is 
that there are certain standards that must be followed to by a notary. These 
include being able to attest to the validity of a document, the knowledge of 
who is signing the document, the ability to review the contents of the 
document independently and to be able to attest to its validity and to the 
knowledge that the person who has signed the document in the presence of the 
notary who they say they are. Whether we as blind legal professionals like 
it or not there are people who would perpetrate fraud by misrepresenting 
falsities to a blind notary who could not recognize such deception. A notary 
is liable for what they sign if they don't use due diligence in conducting 
their job. While being a notary might produce income Is the bit of ncome 
produced by notarizing documents worth the potential liability.
Chuck Krugman, MSW, Paralegal
1237 P Street
Fresno ca 93721
559-266-9237
http://www.linkedin.com/pub/chuck-krugman/b/357/722
----- Original Message ----- 
From: "Kyle Borah" <kgborah at att.net>
To: "Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Monday, July 30, 2012 1:11 PM
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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>>
>>
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