Law Clerks: Notary Certification And You

A law clerk is a type of paralegal who assists licensed lawyers in their legal work. In Ontario, both lawyers and paralegals are licensed, insured, and qualified to provide legal services. While a lawyer can be a notary public, not all notary publics are lawyers. In fact, the majority of notary publics in Ontario are lawyers licensed to practice under the rules of the Law Society of Ontario. However, non-lawyers can also be appointed as notary publics by the Ministry of Attorney General in Ontario. The process for a lawyer or paralegal to become a notary public is fairly simple and involves filing paperwork, paying a fee, and waiting approximately four weeks.

Becoming a notary as a law clerk in Ontario

If you are a law clerk in Ontario, you can become a notary public. The process is fairly simple: you must fill out the necessary paperwork, pay the appropriate fee, and wait (usually about 4 weeks). The relevant government department is Official Document Services.

The process to become a notary in Ontario requires you to have your name on the rolls of the Law Society of Ontario. At a minimum, you need to be in the 50% fee-paying category to continue to act as a notary public. You do not need to provide legal advice or services to continue to be a notary. However, if you stop paying fees to the Law Society of Ontario, you must cease to act as a notary, even if you have already received your Certificate of Appointment.

The form you need to fill out and file can be found on the Ontario government website. Once you have filled in the document, you can submit it by mail, along with your payment of $145, to the following address: Official Documents Services, Business Development and Services Branch, Ontario Shared Services, Ministry of Government and Consumer Services, 222 Jarvis St, Main Floor, Toronto ON M7A 0B6.

Approximately four weeks later, Official Document Services will mail you your Certificate of Appointment. However, you should not start notarizing documents. Included in this package will be a letter you need to mail in to "register" your signature and seal. Your seal must exactly match your name as it is shown on the rolls of the Law Society of Ontario (including middle name). The letter you receive will include a space to put your seal and a copy of your signature. This is a very important process as the letter registers your notarial seal with Official Document Services and Global Affairs Canada (an important requirement to legalize and authenticate documents).

It is important to note that if you are appointed as a non-lawyer/non-paralegal notary public, it is not considered a profession, a new business, or a new employment or volunteer opportunity. Additionally, non-lawyer/paralegal notaries are typically appointed for a three-year term and have to reapply and get reappointed.

The process for lawyers and paralegals

In Ontario, lawyers and paralegals can apply to become a notary public. A notary public is a person who witnesses oaths, signs affidavits, and certifies documents to be true copies of the original. This is a lifetime appointment as long as the lawyer or paralegal is in good standing with the Law Society of Ontario (LSO).

There is a one-time fee of $145 for lawyers and paralegals, while government lawyers and paralegals have their fees waived. The fee can be paid in person, by mail, or for online service request submissions, by including the payment with your LSO and service request confirmation number in the memo section of the cheque or money order.

Once your application is processed, you will receive a notary public package in the mail with your Certificate of Appointment. You should not start notarizing documents at this point. Included in the package will be a letter that you need to mail to "register" your signature and seal. Your seal must exactly match your name as it is shown on the rolls of the LSO, including your middle name. This is a very important process as the letter registers your notarial seal with the ODS and Global Affairs Canada, which is an important requirement to legalize and authenticate documents.

Once your seal and signature have been accepted, you will be contacted by email or phone. It is strongly recommended to take the training course for Ontario notaries to ensure you know all there is to know about being a notary public.

The role of a notary public

A notary public is an official appointed by the state government to serve as an impartial witness. They are responsible for verifying the identity of individuals signing important documents and ensuring that they are doing so willingly, which helps to deter fraud and ensures legal compliance. Notarization is often required by law for certain documents, and a notary public ensures that these documents are executed correctly, securely, and in compliance with relevant laws and regulations.

Notaries are required for a wide range of documents, including powers of attorney, wills, property deeds, affidavits, and contracts. They play a crucial role in various industries, particularly in real estate, where they witness the signing of property deeds, mortgages, and other transactions. In British Columbia, notaries are registered with the Supreme Court and have undergone legal screening to ensure impartiality. While notaries do not deal with contentious legal issues, they can provide a range of services, including notarizing most documents.

In Ontario, the process to become a notary public involves filing paperwork, paying a fee, and registering with Official Document Services. A non-lawyer or non-paralegal notary public appointment lasts for a three-year term and can be renewed for additional three-year terms. These notaries typically serve businesses that require extensive notary services and have restricted commissions, limiting them to notarizing documents for a specific company or purpose. However, in areas with a lack of available notaries, they may receive an unrestricted commission.

The difference between a lawyer and a paralegal

In Ontario, Canada, a law clerk can become a notary public. The process is fairly simple and involves filing paperwork, paying a fee, and waiting for approximately four weeks. The government department that handles these applications is called Official Document Services. It is important to note that to continue acting as a notary public, one must remain in the 50% fee-paying category of the Law Society of Ontario.

Now, onto the differences between a lawyer and a paralegal. Both are essential to the legal system, as they support clients in attaining optimal outcomes in court cases. However, there are several differences between the two roles.

Firstly, lawyers are licensed to practice law and can offer legal advice to their clients, whereas paralegals are unlicensed and cannot give legal advice directly. Paralegals work under the supervision of licensed attorneys and perform legal tasks on their behalf. Lawyers often request paralegals to assist with tasks such as attending meetings, arraignments, trials, and sentencing proceedings. Paralegals may also help conduct interviews, perform investigative research, and manage administrative tasks.

Secondly, lawyers act as mediators between the law and the public. They can communicate with important individuals on behalf of their clients, such as judges, juries, officers, witnesses, or victims. Lawyers may also decline a client's request for representation for various reasons, including the nature or validity of a case or their existing caseload.

Thirdly, there are differences in salary and payment structures between lawyers and paralegals. The national average salary for a lawyer is $99,022 per year, while for paralegals, it is $55,060. Lawyers may receive payments in different ways, such as charging clients a flat rate or by the hour, with hourly rates referred to as billable hours.

Lastly, the roles of both lawyers and paralegals can vary depending on factors such as practice area, level of experience, and the type of law firm they work for. Paralegals may find that their day-to-day tasks become routine and lack variance, while lawyers may face pressure to bring in new clientele and be involved in the business side of the law firm.

The requirements to become a notary

Basic Requirements

Firstly, in most states, applicants must be over the age of 18 and a legal resident of the state in which they are applying. Some states, like California and Florida, also allow non-residents to apply if they work in the state. In addition, applicants will need to pass a background check and may need to be fingerprinted.

Application Process

Prospective notaries must complete an extensive application process, which includes providing detailed personal information, previous experience in law or related fields, and any prior convictions or felony charges. Applicants will also need to pay a fee, which varies depending on the state. For example, in Alabama, the application fee is $10, while in Ontario, it is $145.

Training and Education

Candidates are required to undergo specific training courses that cover relevant laws and ethical considerations for notaries public. These courses typically include learning about fraud prevention, homeland security, and handling sensitive information. In some states, such as Alabama, applicants must complete a free notary training course and present their Course Completion Certificate when applying.

Oath-Taking Ceremony

Once an applicant has been approved, they will need to take an official oath in accordance with their state's requirements. After taking the oath, new members will receive their commission certificate, which validates their authority as a notary.

Additional Requirements and Steps

In some states, notaries may need to obtain a surety bond. For example, in Alabama, applicants must obtain a surety bond in the amount of $50,000. Notaries will also need to purchase or acquire the necessary tools, such as stamps or seals, and they must keep detailed records in a journal.

It is important to note that the requirements and steps to become a notary public may differ slightly depending on the specific state and country. Therefore, it is always best to refer to the official sources and guidelines for the particular location in which one wishes to apply.

Frequently asked questions