Paralegal News

There are two basic types of notarizations—acknowledgements and jurats. When notarizing a signature on any document, the notary must complete a notarial certificate that contains wording indicat-ing exactly which type of notarization is being certified.

AcknowledgementThis is the most common form of notarization. In executing an acknowledgement, the notary certifies:

• The signer physically, personally appeared before the notary on the current date and in the county indicated on the notary certificate.

• The signer was identified by the notary through personal knowledge or other satisfactory identification evidence.

• The signer acknowledged to the notary that his/her signature was made freely for the purposes stated in the document; or if acting in a representative capacity (such as a corporate offi-

cer, power of attorney, or trustee), that he/she has the proper authority to do so.

Note: For acknowledgements, actually signing the document in the presence of the notary is not required. The signer needs only to acknowledge having made the signature, but must physically, personally appear to do so. Proper ID must still be obtained, and the notarization is executed with the current date of the signer’s acknowledgement, not on the date it was previously signed.

Notary Notes The notary certificate: Your sole domain, your sole responsibility

INSIDEPrepping for Pro Bono Wills Clinics ...........................................4

Lasting impressions: Reflections of a student paralegal ............5

Published by the Ohio State Bar Association Paralegal Committee

Vol. 20 Issue 2 Winter 2013

(continued on pg. 2)

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A typical short-form Ohio acknowledge-ment certificate would include:

State of ___, County of ____The foregoing instrument was acknowledged before me this (date) by (signer’s name)._____________________________John Doe, Notary Public (Affix notary seal)My Commission Expires:

Other forms of acknowledgement may be used specifically for corporations, part-nerships, power of attorney’s, trusts and advanced directives.

JuratWhile the purpose of an acknowledge-ment is to positively identify the signer, the jurat may additionally be used to compel truthfulness through the administering of an oath or affirmation to the signer, that the contents of the document are truthful. The notary certifies that:

• The signer physically, personally appeared before the notary on the date of the signature and in the state/county indicated, was properly identified, and signed the document freely.

• The notary witnessed the signature be-ing made at the time of the notariza-tion.

• The notary administered an oath or affirmation to the signer.

Note that in the case of a jurat, the signer cannot merely acknowledge their previ-ously executed signature; the signature must be made in the presence of the notary, and nota-rized on that date. It is imperative that the oath/affirmation be given; failure to do so can incur severe penalties, including a fine, imprisonment, and loss of commission (ORC 147.14).

Typical jurat language on an Ohio notary

certificate would include:State of ____, County of _____Sworn to and subscribed before me this (date) by (signer’s name)._____________________________John Doe, Notary Public (Affix notary seal)My Commission Expires:

Wording of the oath/affirmation“Do you swear/affirm that the contents of this document are truthful and cor-rect, so help you God?” The latter phrase is deleted when a signer wishes to use an affirmation only.

Again, it is required by law that the oath/affirmation be given as above, or with sub-stantially similar wording. As noted above, failure to do so when required is a serious violation of state law that can cost you your commission.

The words “Sworn to” or “Being duly sworn” appearing in the document and/or notary certificate presented are your indicator that it is a jurat, and the signer must be sworn in.

While it is not a requirement that the per-son being sworn raise his or her right hand, some notaries prefer this so as to under-score the seriousness of the oath given.

Do not go to the other extreme and give the oath for every notarization—it is only for jurats.

Other certificate informationYou may encounter notary certificates with the letters “SS” near the state/county ven-ue. No, this does not indicate a place for the social security number of the signer or notary. “SS” is actually an abbreviation for the Latin word “scilicet” (silla-set), which means “in particular,” “namely,” or “that is to say.”

The use of this term dates back centuries, and has no real bearing on today’s notary certificate. When the ancient symbol is seen, though, it is a good reminder that we are the current custodians of the trust that has given meaning to the notary office for more than 2,000 years.

You may be presented a document (let-ter, personal statement, etc.) that doesn’t show any notary wording, and be asked to notarize a signature on the document. You must then ask the signer if he or she wishes acknowledgement or jurat wording, and explain the difference. If the signer does not know, the document should be referred to its originator for their inten-tions. A lay notary may not advise them

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which format is most appropriate, but an attorney-notary may.

If there are multiple signers on the docu-ment, and not all are present, your notary certificate would contain only the names of those signing, followed by the word only.

Similarly, if several signers for the same document have previously been notarized, and there are not preprinted certificates for the remaining signers appearing, you would attach a loose acknowledgement or jurat form to the previous notarization page.

Occasionally you may encounter a docu-ment where the notary certificate is not on the same page as the signatures, but rather on a following page. It is a best practice to then indicate the title of the document at the top of the notary certificate page. This safeguard shows that the notarization per-tains only to the signatures on that particu-lar document, so it cannot be removed and possibly attached to anything else.

Every notary certificate is required to have a state and county venue, showing where the notarization took place. Note that this is always the county where the notarization is being performed, not in the county your commission is recorded.

Documents may be prepared with a preprinted state/county venue at the top of the page, but not within the notary cer-tificate. Think of your notary certificate as a “document within a document,” and en-sure each one shows the proper venue. If preprinted incorrectly, then line through, correct/initial.

Documents from other states may contain notarial language that is not Ohio compli-ant. In this case, line through the improper wording, correct the language in your certificate so that it is substantially compli-ant, then initial the correction. Remember, you are solely responsible for the content of

your notary certificate, and that it complies with your state laws. No company or docu-ment preparer can dictate to you what it should contain.

Signing in a capacityThis occurs when an individual is sign-ing as a corporate officer, with a power of attorney, as a trustee, or with an AKA, NKA, FKA, HTTA, etc. In these situa-tions, since it is part of the signature line, the notary certificate should include these representative capacities as a best prac-tice. For example: Mary Smith, signing a document with a Power of Attorney for John Smith, should sign as: “John Smith by Mary Smith, his attorney-in-fact,” or a substantially similar phrase, and that is how the notary certificate should be completed.Sometimes marital status is preprinted in the notary certificate, particularly in real es-tate documents. Since you have no way of determining if the status is true, and the status is not part of the signature line, best practices dictate that you cross out and initial the marital status, leaving only the signer names on the certificate.

The marital status will be reflected in the body of the document, and attested to by the signatures of the parties in-volved. It has nothing to do with the sig-natures, and as such has no place in your notary certificate.

Remember that you are the one signing the notary certificate, and are solely respon-sible for its complete and correct content; no one can dictate to you what it contains.

The Ohio Society of Notaries is a profes-sional association for Ohio notaries, and provides the only resource in the state for notaries to receive a prompt answer to questions regarding signing procedures, unusual documents, or best practices day or night, seven days a week. Visit our website at www.ohionotaries.org for details on the notary helpline and plenty of other

valuable notary information. You will likely be surprised at how little you know about what you don’t know.

The Ohio Society of Notaries welcomes comments, suggestions, and topic ideas for “Notary Notes,” a compilation of generally accepted Ohio notary procedures and best practices. It is presented as an information service of the Ohio Society of Nota-ries, which is responsible for its content. “Notary Notes” is not offered, nor intended to be construed, as legal advice. ◆

By Roger Rill, president, Ohio Society of Notaries.

About Paralegal NewsParalegal News is produced by the Ohio State Bar Association Paralegal Committee. The OSBA publishes 10 committee and section newsletters.

For more information about Paralegal News, contact co-editors Linda McNelly, LMcNelly@pselaw.com, and Rob Christman, octoberseven@live.com.

Articles published in this newsletter reflect the views and opinions of the writers and are not necessarily the views or opinions of the OSBA Paralegal Committee. Publication in Paralegal News should not be construed as an endorsement by the committee or the OSBA.

For information about other OSBA committee and section newsletters, contact John Hocter, publications editor, at P.O. Box 16562, 1700 Lake Shore Drive, Columbus, Ohio 43216-6562, (800) 282-6556 or (614) 487-4402, or e-mail at jhocter@ohiobar.org.

Designed by Andrea Donahue and Natalie Zofko. © Copyright 2012 Ohio State Bar Association. ◆

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In the last issue of Paralegal News, I wrote about the seminar that trained attorneys and paralegals for participating in the Pro Bono Wills Clinics that are sponsored by the Paralegal Association of Central Ohio (PACO) and the Legal Aid Society of Co-lumbus (LASC). Since then, I have served as a volunteer paralegal at several of the clinics. Now, for this issue of the newslet-ter, I offer you a behind-the-scenes view of what happens at a typical clinic.

The purpose of these clinics is to provide low-income seniors with legal services that they cannot afford.

Attorneys and paralegals work with clients to prepare simple wills and durable financial powers of attorney. Prior to a clinic, client intake forms are completed, along with living wills, health care powers of attorney, and organ donor registry forms.

Teresa Scharf (the chairperson of the PACO Pro Bono Committee) and Lucinda Miller (the clinic coordinator) supervise the events. Teresa and Lucinda organize the setup of the workstations and the pairing of attorneys with paralegals. Teresa also writes and issues handouts that describe the procedures to be followed by the attorney-paralegal teams.

On the night of the clinic, the attorney and I began by reviewing the procedures and the job flow. We asked Teresa clarifying questions. Using the laptop at our workstation, we familiarized ourselves with the templates for generating the different documents. This past spring, it was particularly important to review the financial power of attorney, as it was a new form document created as a result of the Uniform Power of Attorney Act in Ohio.

The act was effective as of March of this year. If you would like to take a look at the revised power of attorney, visit www.proseniors.org/PDFDocs/Consumer/FPOA-2012.pdf.

After looking over the templates, the attor-ney and I talked over our game plan. Then we were ready to see our clients.While the attorney discussed the docu-ments with our client, I worked at the laptop to customize the wills and pow-ers of attorney to suit our client, using the information from the intake forms. We then moved on to drafting the docu-ments to reflect the client’s specific wishes and needs. We reviewed and checked our work. The next step was for me to gener-ate printed copies. The printed documents went to Teresa for proofreading. If the printed versions met with her approval and needed no corrections or style adjustments, then the documents were signed, initialed, witnessed, and/or notarized.

And talking of notarization, my notary seal was an indispensable item of paralegal gear. Financial powers of attorney required notary acknowledgements. A living will and a health care power of attorney both gave the option of either being witnessed or notarized. The attorney decided which option we used. At a couple of the clin-ics, the attorney and I witnessed the health care powers of attorney and living wills. At other clinics, the attorney preferred that I notarize the documents. The wills we prepared did not need to be notarized. The attorney and I simply witnessed the wills.

As I mentioned above, our clients were low-income seniors. They all had stories to tell. Some of their stories were very long ones. In some cases, they were not entirely sure

about what they needed. They expressed concerns. They often changed their minds about what they wanted. At times, after we had a lengthy conversation with them, it turned out that they did not actually need what they thought they wanted. For our part, the process required patience and understanding in addition to our skills. It was our job to be there for our clients—to listen to them, reassure them, ask questions, be responsive, explain things, and take them through the journey of completing their documents as smoothly as possible.

The clinics are absolutely worthwhile expe-riences. They are also rewarding, especially when clients express their gratitude and ap-preciation. I have enjoyed working with the other volunteers to provide legal services that made a difference in people’s lives. Pro bono volunteers not only make the clinics happen, they also make the clinics a success.

Since the inception of the wills clinics program, the demand for the clinics has increased considerably. To help meet that demand, Lucinda Miller, a paralegal at Freund, Freeze & Arnold, was appointed as the PACO/LASC Wills Clinics coordina-tor in July. She works with scheduling and assists with site visits and the initial con-struction of documents. Congratulations to Lucinda on her new position! ◆

By Rob Christman, co-editor of Paralegal News, who served as a volunteer paralegal at several of the PACO/LASC Pro Bono Wills Clinics, for which

he has received a 2011-2012 PACO Pro Bono Committee Certificate of Appreciation.

Prepping for Pro Bono Wills Clinics

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Lasting impressions: Reflections of a paralegal studentWith the end of this past summer quar-ter, my time as a paralegal student came to a close. In August, I officially obtained my degree in paralegal studies. I can say assuredly that I have a pretty substantial understanding of various areas of law. I am now duly able to draft pleadings and memoranda, perform research on various fact patterns, brief cases, and carry out a variety of other duties typically performed by paralegals.

As I consider the wealth of knowledge I have obtained through my studies, I must pause and reflect on six invaluable, lasting impressions that have been engraved into my mind through observation and experi-ence. They are now an integral part of me.

1. Be confident. First and foremost, always be confident. Confidence places a sense of value not only in you, but also in the work you do.

The first attempt to take on any project can be daunting. However, time and again personal experience has shown me that once you begin to believe in yourself and your capabilities, others will too. Re-member this: When we become prone to harboring self-doubt, we become prone to truly being our own worst enemy. Besides, the Little Engine that could did not make it to the top of the mountain by chanting, “I think I can’t.”

Confidence and belief in self musters the strength to get through the rigors of a paralegal program, and that same self-assured attitude will help muster the strength needed to maneuver successfully through myriad case briefings, trial prepa-

rations, discovery deadlines, client meet-ings, real estate closings, research projects, and everything else you may be assigned to do as a paralegal. So when you go to take that next step forward, breathe deeply and remember, “I-think-I-can, I-think-I-can.”

2. Be open to the fact that you are not infallible. Face it. It is going to happen. Bad things happen to good people. Bad things happen to bad people. Bad things just happen. By all means, please do not take this as a forecast of continuous rain clouds that will hover relentlessly over your head with every step you will take as a newly minted paralegal. Rather, consider it an opti-mistic ray of sunshine. If I say it once, I will say it 1,000 times: Be open to the fact that you are going to make mistakes.

As I have made my way through countless years in the legal profession—especially during my time as a student paralegal—I have had the pleasure of working along-side some of the finest professionals in the field. In my eyes, these particular paralegals seemed to walk on water. They dressed the part, they acted the part—they were the part! I have often thought of them as making numerous trips to a secret vending machine chock-full of lucky rabbits’ feet. Heck, for all I know, they were protected by some magical, blunder deflecting force field that shielded them from all the bad luck and foul-ups that tend to assault us normal people. In my mind, they just seemed to have something I was not privy to. Whatever it was that kept them fool-proof, I wanted it, and I wanted it bad. However, I came to find that there really was no magical formula for their suc-cess, nor would there be one for mine.

These very paralegals reminded me that a few hard knocks and the ability to work through their mistakes helped mold them into the legal gurus they are.

When the mistake does happen (and you can bet your bottom dollar that it will), handle it with grace. Be humble about your error, and for goodness’ sake, do not—I repeat—do not under any circumstances play the blame game. At all costs, hold on to your integrity and own up to what you do. Mistakes, for the most part, are forgotten over time, but I have personally found that the dignity—or for some, the lack thereof—with which you handle them makes a lasting impression on the other legal professionals with whom you will work.

Now that the cat is out of the bag regard-ing your infallibility, do not stand there frozen like a block of ice. Remember, we are all prone to mistakes—even attorneys. By no means are you to box yourself in to prevent an encounter with the “loser” monster looming in the background, waiting for the opportunity to stamp a big “L” on your forehead. Just remember, a mistake is a lesson learned. The tapestry of life is woven from our errors and the les-sons we glean from them. If that mentality can be successfully applied to the realm of our regular day-to-day world, it can be successfully applied to the realm of the legal world in which we do or will work. So, count on encountering a few bumps along the way.

3. Be open to learning. Never allow your confidence to become self-righteousness, or dare I say: cockiness. Remember, wheth-er you are a paralegal student, a freshly

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graduated paralegal student, or a parale-gal transitioning to a new firm or practice area, you are the newbie arriving on the scene. Ease up on the old adage that states, “Never let them see you sweat.” It is perfectly okay to allow yourself to be vulnerable and exposed. After all, you are new (refer to No. 1 for a quick refresher on confidence).

Do not arrive with the self-deceiving notion of being the golden child with the key to everyone else’s problems. No mat-ter the level of experience, the expertise in a particular practice area, or the num-ber of degrees one may or may not have, we all have room to grow.

Granted, it is pretty evident that those who are just entering the legal field have plenty to learn. It is also a given that there are those who are not so wet behind the ears. Regardless, we must all remember that we do not have all of the answers or the solutions to every project or task assigned to us. Never balk at the idea of having someone assist you. Most of all, never recoil from a hand that is willing to guide you.

4. Be open to having a mentor. Being open to having someone quickly show you a few tricks of the trade is one thing, but allowing someone to help mold you so that you fit seamlessly into your legal niche is something different altogether. Nine times out of 10, you’re not the stu-dent paralegal with extensive legal experi-ence and you have no idea as to which area of law best suits your interests, what size firm to gravitate to, or whether you are 100 percent assured that this is indeed the profession for you. If you are that student, I say to you, grasp the hand of a seasoned paralegal and hold on tight. Do not worry. You are not walking the path alone and those who have already blazed

the trail were, at one time or another, standing right where you are.

What better way to find guidance than to align oneself with a mentor? Looking back at my early stages as a paralegal stu-dent, I was quiet and to myself. Getting me to utter a single word in class was like using a nail file to pry a pearl from a clam shell. It was not happening. However, one particular instructor saw something in me that I, at the time, didn’t see within myself. She believed in me. She trusted an ability that had yet to be developed.

Her mentorship and guidance pushed me to do what I never would have dreamed of doing. Before I knew it, I was volun-teering at events, attending meetings, and participating in various wills clinics (refer again to No. 1 for yet another refresher on confidence). The list can go on, but I think you get the idea. Here is the point: I latched onto someone exceptionally sharp and well-seasoned. She answered my questions, pointed me in the right di-rection, and always encouraged me to do more. As a matter of fact, she still does to this day. A mentor can and will do the same for you.

If you happen to be reading this as a seasoned, trail-blazing paralegal who can run the gamut of everything from con-ducting witness interviews to filing new business registrations, do not place your-self so high on the totem pole that you are unwilling to bend down to help pull a new paralegal up a notch or two. Some-one helped you to obtain your dreams and aspirations, so why not help the next individual looking for an opportunity to succeed? Remember, we can all stand to make room and help each other grow.

5. Be a risk taker. Be fearless. Go ahead and jump. Okay, do not actually jump,

but do take the initiative. Get your work done and volunteer to take on new projects and new assignments. Do not be afraid of venturing into uncharted territory. Attorneys notice the paralegals that not only do a stellar job, but are willing to step up to the plate and take on a project for the first time. They are also the paralegals who continue to get the recognition along with the bigger and more challenging assignments. Be one of them. Be a risk taker!

Do not let fear hold you back. Nothing good comes from fear, excluding maybe a strong trepidation about venomous snakes, but we are not talking Herpetol-ogy 101 here. When you have questions, ask them. We all know that there is no such thing as a “dumb” question. Unless you are willing to take that first step out-side of your comfort zone, you will never know exactly where your true potential lies, and sometimes, at least for me, that first step begins with asking a question. Stepping outside of my comfort zone was one of the hardest things I have ever had to do. Remember, I was the one who was terrified to utter a single syllable in class. But now I can say—with confi-dence, mind you—do not sell yourself short by being too afraid to step out.

Seize the opportunities that come your way, especially when it happens to be something totally new. Just do it! No, we did not just skip over to a Nike spiel. This is still all about you and me. But se-riously, I challenge you—just do it! Once again, you are not alone and you would be surprised as to how many of the well-polished, fearless paralegals you see out there have, at one time or another, been right in your shoes.

6. Be willing to get involved and vol-unteer. One key factor I came to realize

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is that even if you are among the ranks of those with law firm or legal experience, it does not necessarily equate to paralegal experience. Also, for those who have yet to step inside the doorframe of a law office, not all schools with paralegal programs have intern requirements or provide opportunities for their students to gain hands-on experience within the profession. To gain experience and to help alleviate any “lack of experience” dilemmas you may face, volunteer. Get active and turn your inexperience into experience.

Get involved. How do you get involved, you ask? Seek out the state and local bar associations as well as your local paralegal association. A wealth of information is waiting for you. Look into membership and serving on a committee. Take the time to appear at events. You will immediately find yourself networking with those al-ready in the profession who are more than willing to help you on your way. Network-ing exposes you to doors of opportunity

you never would have imagined. With regard to potential employers, you never know who is on the other end watching and searching just as you are. If you are not willing to gain exposure by getting involved, you are most certainly hurting yourself, as numerous possibilities will go undiscovered.

Look for ways to volunteer. As you famil-iarize yourself with your local paralegal association, key in on areas that are in need of volunteers. The pro bono committee is a prime example. If there is ever a way to help gain experience, it is through pro bono work, especially since most pro bono programs and committees are more than willing to take new volunteers. Not only will you gain experience, but you will also reap the personal feelings of fulfillment by taking an active role in assisting others.

These are the six lasting impressions that I have sown into my being as a paralegal student. Whether you are finally ready to

step out into the paralegal profession, or if you are just beginning a paralegal program, continue to push forward. The goal is right on the horizon. For some, it is so close they can just about reach out and grab it. As you continue onward toward reaching your goals, take these lasting impressions with you as encouraging reminders.Here’s to future endeavors—yours and mine alike! ◆

By Nicki A. Willis, a legal secretary with Vorys, Sater, Seymour and Pease LLP and a member of Paralegal Association of Central Ohio (PACO), where she serves as

chair of the program committee and participates on the pro bono and CLE committees.

Join fellow OSBA paralegals at the An-

nual Convention on May 10, 2013, in

Cleveland for OSBA Paralegal Day 2013.

We’ll see you there!

Save the date:OSBA Paralegal Day 2013

OSBA paralegals cruise in style at the 2012 OSBA Paralegal Day.