Dear Attorney,
I would like to seek your legal guidance on whether it is appropriate for a lawyer to notarize a document, particularly an affidavit, if the person requesting notarization is a present client of the lawyer. Would there be any legal or ethical issues involved? Your advice on this matter would be greatly appreciated.
Sincerely, Concerned Client
Insights
In the Philippines, the act of notarization is a public function performed by lawyers who are commissioned as notaries public. However, there are specific rules and regulations set by the Supreme Court, particularly under the 2004 Rules on Notarial Practice, which aim to ensure the integrity of notarized documents and protect the public from potential abuses.
One of the key provisions under these rules is the restriction on a lawyer notarizing documents for their current clients. This is due to a potential conflict of interest that could arise. Notarizing a document requires a lawyer to act as an impartial witness, ensuring that the signatory understands the content and implications of the document and is signing it voluntarily. When a lawyer notarizes for a current client, their professional obligations toward that client might compromise this impartiality.
Additionally, Rule 3 of the 2004 Rules on Notarial Practice provides that a notary public must disqualify themselves from performing a notarial act if they have any personal interest in the document to be notarized. Since an ongoing attorney-client relationship creates such a personal interest, it would be inappropriate for a lawyer to notarize an affidavit or any other document for their present client.
This rule upholds the ethical standard of avoiding any appearance of bias or conflict of interest, preserving the credibility of both the lawyer and the notarial process. Thus, it is a standard legal practice in the Philippines for lawyers to refrain from notarizing documents for their current clients, ensuring that the notarization process remains transparent and free from any undue influence.
In conclusion, it is generally inadvisable for a lawyer in the Philippines to notarize an affidavit or any other document for a present client due to the potential conflict of interest and the ethical standards imposed by the notarial rules.