Some people in
Florida are confused as to what services
a Latin American notary public -- "notaria,"
"consultoria" or "notario publico" --
can provide regarding immigration
matters. In fact, these persons are not
attorneys unless properly licensed to
practice law in this state, and they
should not be relied on for legal advice
because they cannot give legal advice.
Numerous
complaints have been received about
persons of Hispanic descent who have
been harmed after mistakenly seeking
legal assistance from notaries who offer
such services in immigration matters.
Sometimes there is
no legal way to immigrate into this
country, yet some notaries, without fear
of punishment, obtain large fees for
immigration counseling and perform no
meaningful work for those fees or give
incorrect legal advice.
In fact, the fees
for most notary services in Florida are
set by statute, and notaries are
prohibited from practicing law in this
state. No one is permitted to charge or
accept fees for legal services which
they cannot or will not perform.
Lawyers must
obtain a college degree from a four-year
university, score well on a national law
school admissions test, study law for at
least three years, graduate from law
school, undergo a thorough investigation
of moral character, and pass the state
Bar examination which includes testing
on ethics, state and federal law.
If lawyers fail to
give proper advice, they can be subject
to the full processes of the law.
Immigration matters involve various
important rights defined in the Federal
Immigration and Nationality Act, and
competent legal advice from a licensed
attorney is needed to understand these
matters.
Florida notaries
public, as opposed to lawyers, do not
have any minimum educational
requirement. They must be at least 18
years of age and a permanent Florida
resident. They must submit a signed
application with the appropriate fee,
have two witnesses vouch for the
applicant's good moral character, post a
bond, and take an oath.
Matters as
important as immigration -- where you
will live and under what form of
government you will raise your family --
should not be placed in the hands of an
untrained person.
The Florida
Notary and the Practice of Law
The Florida notary
public certifies that deeds, affidavits,
depositions and other writings are
authentic or genuine. A Florida notary
may also give oaths, make certificates
of oaths, and perform marriages.
Notary publics
cannot use their title (notario publico,
notaria, consultoria) to imply that they
are authorized to practice law. The law
now prevents a literal translation of
"notary public" into a language other
than English in advertisements. If the
advertisement is not in English, it must
contain a disclaimer that states "I am
not an attorney licensed to practice law
in the State of Florida, and I may not
give legal advice or accept fees for
legal advice."
Notary publics
cannot give legal advice; nor can they
prepare immigration forms while holding
themselves out as knowledgeable in
immigration law and practice. They
cannot draw up wills, contracts, leases,
deeds or other documents that might
affect your legal rights. This would be
the practice of law, and notaries in
Florida cannot practice law.
Anyone violating
the state law which sets forth the
requirements for a notary commission is
guilty of a felony crime.
What can YOU
do?
If you would like
to know if someone is an attorney
licensed to practice law in the State of
Florida, you may find out by contacting
The Florida Bar, 651 E. Jefferson
Street, Tallahassee, Florida 32399-2300,
(850) 561-5600 or (800) 342-8060 (toll
free). Ask for membership records.
For more
information about notaries in Florida,
contact the Bureau of Notaries Public,
Secretary of State, The Capitol,
Tallahassee, Florida 32301, telephone
(850) 488-7521.
Finally, if you or
someone you know has been misled or
harmed by a person who is not
a licensed Florida attorney, contact The
Florida Bar, Unlicensed Practice of Law
Division-Miami Branch, (305) 377-4445;
Ft. Lauderdale Branch, (954) 772-2245;
Tampa Branch, (813) 875-9821; Orlando
Branch, (407) 425-5424; Tallahassee
Branch, (850) 561-5840.
