The notary public who wishes never to be sued in civil, criminal or administrative court
might adopt as a motto the title of that most celebrated of legal writs: habeas corpus.1
“You have the body” would be an apt imperative for any cautious and conscientious
notary intent both on deterring fraud and staying out of court. The “body,” of course,
would be that of the signer of any document presented for notarization, for it is the
frequent failure of notaries to ensure the signer’s physical presence before them at the
time and place of the notarial act that has been a major cause of their legal problems in
recent decades.
Knowing their purpose is to detect and deter fraud, most notaries are well prepared for the
threat posed by impostors with false identification documents. They are on high alert
when a stranger approaches, requests a notarial act and presents a driver’s license or other
identification to prove identity.
However, their guard is down when it is a friend, relative, associate, client or supervisor
