Posted by Ernest_CT on 7/7/05 10:03pm
Msg #50444

Would this be Unauthorized Practice of Law?

This evening I had a request for two affidavits (jurats, of course). The victim of an on-going reverse stalking had drawn up statements for two witnesses. I attached a loose jurat to the first witness's statement, as usual. The second witness had no ID, so we're doing the jurat on Friday instead.

Here's the statement and question: The victim had used a computer to print the witnesses' statements; they are truthful (according to the witnesses), but not neatly formatted. Will I be guilty of UPL if I type the witness's paragraph into the usual format
State of Connecticut
County of _____________
ss: __________________

John J. Smith, being duly sworn, deposes and says
I saw the full moon on blah, blah, blah. ....
Further affiant saith naught.
Dated this 8th day of July, 2005.

<signature line>
John J. Smith

<Notarial block for jurat>

Before anyone asks, yes, the county and ss: will be where the jurat is done, not the home county / town of the victim, witness, or notary! (We've been through that on this Forum, thank you very much.) I'm just asking if it is UPL if I retype and print!

Reply by Kim_Cali on 7/7/05 10:08pm
Msg #50448

Hmmm....interesting. My understanding is that you are able to type the document IF it has already been prepared and you copy it verbatum, as you are not constructinf or creating it....the individual already has.

Someone enlighten us!!

Reply by FL Notary on 7/7/05 10:11pm
Msg #50449

I'm by no means an expert, so someone else please give expert opinion. However, my understanding is that in Florida, by law we are not allowed to provide the documents or make suggestions regarding which format to use. Good luck.

Reply by HisHughness on 7/7/05 10:16pm
Msg #50453

Ernest_CT asks, of an affidavit:

***I'm just asking if it is UPL if I retype and print!***

To which I ask: Why would you want to, if the original meets all the requirements of an affidavit in your jurisdiction? A few rough edges cometimes can lend tremendous credibility to evidence.

What is a reverse stalking? Does the stalkee stalk the stalker? Does the stalker run every time he sees the stalkee? If you're calling it a reverse stalking because a female is stalking a male, you should be ashamed of yourself for such blatant sexism. Stalking is stalking, regardless of what genitalia the respective parties sport. Ask David Letterman. Or me, since I was recently the victim of a sorta semi stalking that had me cowering in the bathroom.

Get with the program, Ernest. This is the 21st Century, and both sexes assert the privilege of being jerks.

Reply by Ernest_CT on 7/7/05 10:48pm
Msg #50466

(sigh) Hugh, Hugh, Hugh. Rash assumption indeed!

Thank you for expressing you view on the rough edges giving lending credibility! You did not, of course, answer the question as asked. Why would I expect a straight answer?r

In retrospect, I should not have used the term "reverse stalking". (sigh) You take me to task with insufficient information, as I suspected someone would. I carefully mentioned neither the sex of the (alledged) victim nor the (alledged) perpetrator! Hoisted on thy own petard, sirrah! (Just joshin', Emperor Hugh!)

I said "reverse stalking" because the stalker has been arriving at places the stalkee formerly enjoyed visiting (think watering holes for [mostly single-and-looking] adults). It seems that the stalker has made certain allegations about the stalkee, possibly true, possibly false, possibly slanderous / libelous. To whom the alledged allegations were made was not stated by the stalkee, and frankly it's not my concern as the notary. The stalkee is concerned that the stalker may make the stalkee's presence at formerly-favorite haunts at the least uncomfortable for the stalkee, and further that the stalker may make further, future allegations if the stalkee is in the general proximity of the stalker. Imaging being intimadated into staying away from your favorite ... umm ... bass fishing spot and you'll get the drift. (Yes, that was intentional.)

Reply by Pam on 7/7/05 10:50pm
Msg #50467

Re: (sigh) Hugh, Hugh, Hugh. Rash assumption indeed!

Send them to someone else, quick!

Reply by Ernest_CT on 7/7/05 10:56pm
Msg #50471

Huh? (for Pam)

Send the stalker or stalkee to someone else? Why? Umm, ... you mean sic the stalker on another (potential) victim? Send the (remaining) witness to another notary? Send the stalkee to another ... umm ... quaffing and laughing, meeting and greeting venue? Send the stalkee to another notary? Send the stalker and stalkee to counseling? Send whom where?

Reply by Pam on 7/7/05 10:57pm
Msg #50472

Re: Huh? (for Pam)

Yes

Reply by Ernest_CT on 7/7/05 11:06pm
Msg #50475

Thank you for explaining it so clearly!

(And I thought I was next in the line of smart-alecks behind HisHughness and BrendaTX, but clearly you're ahead of me.)

Reply by christisocal on 7/8/05 12:27am
Msg #50495

cowering? Hugh?

I would really like to meet the (woman?) who could send you cowering :-0
on the other hand maybe she'd be to scary for me!

Reply by Ernest_CT on 7/8/05 2:04am
Msg #50515

Oh, the pictures HisHughness conjures!

Any person, male, female, or other, that has HisHughness cowering in the bathroom is way, way too scary for me!

I must admit, though, that the mental image of our loving, loveable, lascivious Hugh cowering, despite my sympathy for what ever the situation was, is going to haunt my dreams.

Reply by Jon on 7/8/05 1:08pm
Msg #50590

Re: Oh, the pictures HisHughness conjures!

Ernest admits:

"I must admit, though, that the mental image of our loving, loveable, lascivious Hugh cowering, despite my sympathy for what ever the situation was, is going to haunt my dreams."

Hugh haunting your dreams???? You are either a very sick individual, or prone to nightmares!!!!!

Reply by Fay, CA on 7/8/05 1:09pm
Msg #50591

Re: Oh, the pictures HisHughness conjures!

Picture HisHughness standing in front of a mirror shaving while in the nude in the bathroom with the door closed when all of a sudden. . . . . . . . . whoosh! the door is pushed open. . . .. .
he meets face to face with his stalker. . . . . his pet animal. I am laughing so hard I can hardly type.

Reply by HisHughness on 7/8/05 1:33pm
Msg #50600

Re: Oh, the pictures HisHughness conjures!

Fay, CA posits:

***Picture HisHughness standing in front of a mirror shaving while in the nude in the bathroom with the door closed when all of a sudden. . . . . . . . . whoosh! the door is pushed open. . . .. . he meets face to face with his stalker. . . . . his pet animal.***

Although Lucy the Chihuahua and I do sleep together (she is the only female I have persuaded to do so on a regular basis, and I suspect that is only because she figures it's her damned bed and she will not be dispossessed by any usurper), she does not see me naked. I have learned the hard way that the sight of my hairy chest and unclothed tush does strange things to females. Among the comments over the years: "I've never seen anything like it." "I would have sworn that was impossible." "Is that congenital, Hugh?" "I'm going to call Ripley as soon as I leave here, which is RIGHT NOW!"

Reply by Jon on 7/8/05 1:10pm
Msg #50592

Re: cowering? Hugh?

Now Christisocal, Hugh said absolutely nothing about his stalker being a female. I mean honestly, how many females do you know with a bass boat???

Reply by missy_socal on 7/8/05 1:25pm
Msg #50596

Okay, I finally just gotta ask...

What on earth is the difference between a bass boat, and every other boat? It can't merely reference the type of fish that they're fishing for? I mean, you never hear about a trout boat, or a cat fish boat...

I HAVE to know! ;-)

Reply by PAW_Fl on 7/8/05 1:32pm
Msg #50599

Re: Okay, I finally just gotta ask...

Bass Boats -> http://www.basscat.com/boats.htm

Trout Boat -> http://www.kofflerboats.com/pram_rockymountain.html

Reply by christisocal on 7/8/05 1:34pm
Msg #50601

Good question! n/m

Reply by HisHughness on 7/8/05 1:44pm
Msg #50606

Re: Okay, I finally just gotta ask...

Missy socal queries:

***What on earth is the difference between a bass boat, and every other boat? I mean, you never hear about a trout boat, or a cat fish boat...***

Bass board. N w/adj. mod. Speedy keelless and shallow draft watercraft that provides stable platform for casting. Sometimes found in the possession of amply bosomed widows.

Trout fishing is done in shallow water from a bank or actually in the water. Catfish are bottom feeders, and fishing for them does not require casting. Any fish called Wanda requires techniques inappropriate for discussion on this forum.

Reply by missy_socal on 7/8/05 3:37pm
Msg #50644

mystery solved!

I supposed that I could have checked dictionary.com myself...the genius that I am!

I actually have fished for trout before...from a bank (and usually INTO the bank, unfortunately). I can even clean and cook them!

I think that fishing for Wanda is probably pretty simple...you just need to use the proper bait.

Reply by christisocal on 7/8/05 1:30pm
Msg #50598

Re: cowering? Hugh?

I did put a ??? after the woman, just to cover my bases! but there are some scary women out there

Reply by Pam on 7/7/05 10:17pm
Msg #50455

Try contacting "Terri CA" at [e-mail address]. She seems to be very knowledgable! Her answer to another question posted here was extremely well done!

Reply by Bobbi in CT on 7/8/05 7:33am
Msg #50529

No ...

If you are ONLY typing exactly what the customer told you with a standard notarization block (jurat aka notarization block for a sworn statement) that the customer requested and dictated to you, it is not UPL in CT. There is existing case law on this - cutting both ways.

The UPL issue comes into play if you "help" or "assist" the customer to decide what to say or how to phrase the statements within the document.

You're doing the same thing that We the People does. Be careful: If this document does not have the effect the signer intended, you do not want the customer to state, "But the Notary drew it up for me and said it was good."

Reply by Ernest_CT on 7/8/05 8:47am
Msg #50532

Thank you very much! n/m