The Freedom of a Notary

Notary is a legal branch of the legal profession with a distinguished history which traces back to the time of civil institutions of Ancient Rome. They were scribes who originally do plain copying and transcription but later developed into an outstanding profession in the field of private and public affairs. Later on they became statutory officials with duties in connected in the senate and courts. They record court proceedings, transcribe state papers, supply legal forms to magistrates, and register the decrees and judgments.

With the development of a new shorthand form, some arbitrary marks which substituted the use of common words, notaries take down statements in a form of memoranda or minutes. This earned them the title notarius. Later on, the term was used exclusively to refer those registrars connected to government officials in power, provincial governors and secretaries to the Emperor included. During the decline of the Western Empire, they maintained the position of importance in several parts of the European continent. However, events that occurred in the Dark Ages resulted to drastic changes in the profession.

In the present time, notaries public are officials who generally perform certain functions depending on the country’s jurisdiction. Often they witness and authenticate legal documents as needed by the client. They are also able to administer oaths and judicial declarations.

In some countries, notaries must undergo additional specific trainings that would serve as a basis for the performance of their duties. Apprenticeship may also be required before they are issued a license and commissioned to practice the profession. There are even commissions for higher education specific for the issuance of license. Other countries such as the United Kingdom allow lawyers to carry out notary services.

Civil law is considered a profession in itself which allows them to act as solicitors and some other services done by lawyers. The differences in rules and regulations stipulated by various countries have, somehow, created a disparity. There has been a controversy regarding the scope of the functions of a notary and the requisites that one must possess in order to be considered as such. A question on whether or not civil law advocates and civil law notaries should be dealt in common law jurisdictions.

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