Posted by Janique Curry - Grantwriting Solutions and Ideas on 1/10/05 10:15am
Msg #16076

Attoreny Only States

I have received conflicting information on whether GA is an attorney only state. I am considering relocating and I would like to know which states where I will be able to practice my craft and keep my business running. Thanks!!

Reply by PAW Notary Services on 1/10/05 10:17am
Msg #16077

Yes, GA is an attorney only state, as of last year!

Reply by JYHoward on 1/10/05 2:39pm
Msg #16108

This is conflicting information according to the court website the first power or duty is to witness the signing of deeds. Where is it written that it's Attorney only? Can someone tell me where it's written because what the handbook and website say does not match and I would like to know for certain. Below is what is listed on the Georgia Superior Court website:




Georgia Notaries Public The office of the Clerk of Superior Court approves and issues commissions of Notary Public. Each commission is for a term of four years and may be renewed prior to the Expiration of the notary's term of office.
Directory Contents


Powers & Duties Back to top
Notary Public have authority within any county in the State of Georgia to:

Witness or attest signature or execution of deeds and other written instruments.

Take acknowledgments

Administer oaths and affirmations in all matters incidental to their duties as commercial officcers and all other oaths and affirmations which are not by law required to be administered by a particular officer.

Witness affidavits upon oath or affirmation.

Take verifications upon oath or affirmation.

Make certified copies, provided that the document presented for copying is an original document and is neither a public record nor a publicly recorded document certified copies of which are available from an official source other than a notary and provided further that the document was photocopied under supervision of the notary.

Such other acts as notaries are authorized to perform by the laws of the State of Georgia.


Definitions:
A "notarial act" means any act that a notary is authorized to perform and included, attestations, the taking of an acknowledgement, the administration of an oath or affirmation, the taking of a verification upon oath or affirmation, and certification of a copy.

"Attesting" and "Attestation" mean the notarial act of witnessing or attesting a signature or execution of adeed or other written instrument, where such notarial act does not involve the taking of an acknowledgement, the administering of an oath or affirmation, the taking of a verification, or the certification of a copy.

"Notarial certificate" means the notary's documentation of a notarial act.

Reply by PAW Notary Services on 1/10/05 3:00pm
Msg #16112

Please review UPL Advisory Opinion No. 2003-2 issued by the Standing Committee on the Unlicensed Practice of Law on April 22, 2003. Approved by the Supreme Court of Georgia on November 10, 2003.

http://www.gabar.org/UPL_opinions.asp

In particular ...

The Committee concludes that, with the limited exception of those activities expressly permitted by the Georgia legislature or courts, the preparation of deeds of conveyance on behalf of another within the state of Georgia by anyone other than a duly licensed attorney constitutes the unlicensed practice of law.

The Committee turns its attention to the execution of deeds of conveyance. Pro se handling of one’s own legal affairs is, of course, entirely permissible, and there is nothing in Georgia law to "prevent any corporation, voluntary association, or individual from doing any act or acts set out in Code Section 15-19-50 to which the persons are a party…." O.C.G.A. §15-19-52. The Committee instead focuses on "notary closers," "signing agents," and others who are not a party to the real estate closing, but nonetheless inject themselves into the closing process and conduct, for example, a "witness only closing." A "witness only closing" is one in which an individual presides over the execution of deeds of conveyance and other closing documents, but purports to do so merely as a witness and notary, not as someone who is practicing law.

Reply by PAW Notary Services on 1/10/05 3:06pm
Msg #16113

Forgot the most important sentence in the Advisory ...

Reply by PAW Notary Services on 1/10/05 3:07pm
Msg #16115

Forgot the most important sentence in the Advisory:

The Committee finds that those who conduct witness only closings or otherwise facilitate the execution of deeds of conveyance on behalf of others are engaged in the practice of law.

(Hit the right keys this time. )

Reply by sue on 1/10/05 9:21pm
Msg #16157

they don't care if you do the 'notary' part. they don't want you doing the 'signing agent' part of the process. Two entirely different functions.

Reply by James Kobleur on 1/10/05 9:37pm
Msg #16158

Re: Attorney Only States

Yes, Georgia is an attorney only state. For more information look at:

http://www.kobleur.net/Lawyer_Only.html

Hope this helps.