If The Notary Doesn’t Speak The Document’s Language, He Can’t Legalize The Document’s Signature For Lack of Understanding

In this complaint the complainant claims that the notary didn’t give her the proper dedication as his client. The complaint focusses in part (¶ 5.3) on the notary’s legalization of a signature in a document written in the French language. The complainant had informed the notary that the document was meant to renounce an inheritance. Such renunciation is a legal matter which, as the notary knows, may have serious financial consequences. Although he admitted he didn’t sufficiently understand the French language, the notary nonetheless legalized the signature.

The Board of Ethics concludes that under these special circumstances the notary should’ve exercised more care in legalizing the signature. Before legalizing the signature, he should’ve checked whether his client had understood the document she was signing. The notary failed to do so, or failed to do so adequately. For these reasons, the Board of Ethics finds that he didn’t adequately pursue his client’s interests.

Additionally, the notary had repeatedly promised her to write a letter to a French notary; however, despite her repeated e-mails, the notary never did. According to the Board of Ethics, once the notary was aware of his omission, he should’ve answered his client’s e-mails as soon as possible and performed his promise to help her. Therefore, the Board of Ethics finds for the complainant.

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