Posted by PAW/FL on March 21, 2008, 11:21 am, in reply to "Re: "a notary in California CANNOT explain the loan papers"" This post is strictly the opinion of the author and may not reflect the opinion of the management nor of any other user of this forum.
97.97.57.97
--Previous Message--
: Why even speculate on just how far you
: can go with explanations without
: getting into trouble?
As a Signing Agent professional, you should know where to draw the line.
A broad, general definition and a threepart test were outlined in the State of Florida v. Sperry, 140 So. 2d 587 (Fla. 1962)."We think that in determining whether the giving of advice and counsel and the performance of services in legal matters for compensation constitute the practice of law it is safe to follow the rule that if the giving of such advice and performance of such services affect important rights of a person under the law, and if the reasonable protection of the rights and property of those advised and served requires that the persons giving such advice possess legal skill and knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitute the practice of law."
That definition has been fleshed out in casebycase decisions over the years.
As the term is generally understood, the 'practice' of the law is the doing or performing services in a court of justice, in any matter depending therein, throughout its various stages, and in conformity to the adopted rules of procedure. But in a larger sense it includes legal advice and counsel, and the preparation of legal instruments and contracts by which legal rights are secured, although such matter may or may not be depending in a court. [State ex rel. Boynton v. Perkins, 28 P.2d 765, 769-70 (Kan. 1934) (quoting Eley v. Miller, 34 N.E. 836, 837 (Ind. 1893))]
Visit us online at http://www.PAWnotary.com
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.
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