July 10, 07

NEWS / Indiana Attorney General Alerts Hispanic Community of Enhanced Disclosure Requirements for Notarios

July 09, 2007 -- INDIANAPOLIS, IN – A person advertising as a Notario Publico must now provide certain disclosures under enhancements to Indiana law announced Indiana Attorney General Steve Carter. The new provisions for notary publics that would advertise their services as a Notario Publico took effect July 1, 2007.

Carter is also reminding people that while in Mexico a notario publico is a distinguished attorney, in the U.S. almost anyone can become a notary public. The designation only entitles one to act as a state-authorized witness.

“Some people designated as a notary publics may be misrepresenting themselves as attorneys in Latino communities by taking advantage of the confusion in the translation and meaning,” Attorney General Steve Carter said. “It’s important that legal advice only be given by those who have been educated and well versed in the law.”

The changes to the law makes it a Class A misdemeanor, to (1) advertise as a notary without the required disclosure; (2) advertise as an expert in immigration matters without being a federally designated entity; or (3) accept payment for legal advice. The notary public appointment can also be permanently revoked if the notario publico is convicted of violating the law.

Carter has taken action against a notario misrepresenting her credentials. In December 2005, Carter and the Indiana State Bar Association (ISBA) received an injunction from the Indiana Supreme Court halting Ludy Diaz of Goshen from offering services as a “Notario” or “Notario Publico”. Diaz was engaged in the unlicensed practice of law and issued advertisements that were misleading and misrepresentative of her professional background.

“It’s important to raise awareness of this issue to increase an immigrant’s willingness to come forward if h/she has been victimized,” Carter added. “It’s also important that notarios publicos are aware of their disclosure requirements. Continued outreach and education of the Hispanic community is important to decrease instances of victimization and to gain compliance from notario publicos.”

Source: Indiana Attorney General

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