'Notario Publico' Advertising and the Self-Notarized Translation
Luis is a Nebraska notary and a Spanish interpreter. His advertisements read: 'Notario Publico - Immigration Services, Forms, Translations, Legal Advice.' Mrs. Alvarez pays him $300 to complete an immigration form and to tell her how to answer questions about her length of stay in the United States. Luis also prepares a translation of her birth certificate, signs a translator's certification, and then notarizes his own signature on that certification, charging $100 for the notarization. He tells Mrs. Alvarez that because he is a notary, he can handle the whole case and that she does not need a lawyer.
1. What is wrong with Luis's advertising and his advice to Mrs. Alvarez?
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The advertising and advice are prohibited. A Nebraska notary may not use 'notario publico' or similar wording that implies the notary is an attorney or is authorized to give legal advice. The phrase is especially dangerous in Spanish-speaking communities because 'notario' can suggest a lawyer.
Telling Mrs. Alvarez how to answer immigration questions and that she does not need a lawyer is the unauthorized practice of law. Luis must remove the misleading advertising, stop giving legal advice or selecting answers, and refer her to a licensed attorney or an authorized representative. Violations can lead to commission discipline, civil liability, and criminal exposure for unauthorized practice.
2. May Luis complete the immigration form and charge $300 for it?
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Not as described. A notary may perform clerical services - typing or writing information the client supplies, translating, or making copies - but may not advise the client, choose answers, explain legal consequences, or represent the client. Luis crossed that line by telling Mrs. Alvarez how to answer and by holding himself out as able to handle the case.
The $300 charge for advice is not a notarial fee and is compensation for prohibited services. Separately, the $100 notarization charge exceeds Nebraska's statutory cap on fees for a notarial act. He should refund the improper charges, limit himself to transcription or translation at the client's direction, and refer legal questions to qualified counsel.
3. May Luis notarize his own signature on the translator's certification?
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No. A notary may not notarize his or her own signature, and may not perform a notarial act on a record in which the notary has a beneficial interest. Luis is the person who signed the translator's certification, so he cannot also certify that signature.
A different, disinterested notary must notarize the translator's certification, with Luis appearing before that notary and presenting satisfactory identification. If Luis is also the interpreter for Mrs. Alvarez's other documents, he should be careful to keep the roles distinct and to document each act separately in his journal.