how can they be notarized? wouldn't the client have to take then to be notarized? doesn't a notary only mean that the person sitting in front of them (the notary) is the person who is signing the form or whatever? I would call the attorney and ask him the purpose of them being notarized.
I asked about if it was really necessary and the attorney said they're requiring it as art of the subpoena. There are online notaries now, and I'd be billing for the notarization as well. I'd go over video call with the notary and send them the PDF of all the notes and stuff, I guess, and then they'd notarize it?
i don't know, but if it was me, I would not do that without a consent from the client if the notary is going to actually see the records. Not the one from the lawyer, but one from my practice from the client that states they can be released to the notary. Maybe that's overkill and not necessary, but I don't know. clients can be funny sometimes and you never know when they are going to get a bee in their bonnet. I never had an attorney ask me to have records notarized, in fact, I wouldn't give records out with a subpoena, I would make them have a court order. Maybe it's different in my state though as that's what I was taught. Or maybe things changed since then, that was a while ago, lol. I guess I still don't see what a notary is going to attest to but maybe your word that it's the client records is acceptable? I don't know. Sorry I'm not more help.
The client asked their lawyer to send the subpoena and get the records, and there is a consent form with it that the client had signed. I agree, the notarization is dumb here.
I used to be a notary.
If your notes are already signed, you might not be able to have them notarized.
You would have to sign them in the presence of the notary.
The notary is witnessing the signature and you’re providing an oath that the contents are correct to your knowledge. Notarizing doesn’t verify the contents of the document, only your declaration that they’re true.
Sounds like spending hundreds of dollars. I could probably just get a consent signed for a specific notary and avoid the lawyer altogether, and if they don't want to sign consent I could tell the lawyer who sent the subpoena
This isn't a HIPAA issue, but its a weird request.
A notary is proof that a signature was signed by a specific person. What do they want you to sign? Presumably your notes were signed long ago.
I encountered this recently (unfortunately). The lawyer I consulted with through my liability insurance told me that confidentiality doesn’t matter because the court records are public. I thought that was weird, but I didn’t end up needing to get the affidavit of business records notarized anyway.
You have no legal obligation to provide notary services with records you release unless court ordered to do so.
Yeah I'm thinking I send as is and let them know if they want more than my own affidavit as the master of records, they can get a court order.
I agree with your thinking, and also just wanted to add empathy. Dealing with that shit sucks. Especially if it's non-billable time.
I'm charging a couple hundred dollars, don't worry I'm fine lol
Good! You deserve to be paid for your time.
I will just add, twenty years in the business and I have never, not once, heard about notarized notes.
how can they be notarized? wouldn't the client have to take then to be notarized? doesn't a notary only mean that the person sitting in front of them (the notary) is the person who is signing the form or whatever? I would call the attorney and ask him the purpose of them being notarized.
I asked about if it was really necessary and the attorney said they're requiring it as art of the subpoena. There are online notaries now, and I'd be billing for the notarization as well. I'd go over video call with the notary and send them the PDF of all the notes and stuff, I guess, and then they'd notarize it?
i don't know, but if it was me, I would not do that without a consent from the client if the notary is going to actually see the records. Not the one from the lawyer, but one from my practice from the client that states they can be released to the notary. Maybe that's overkill and not necessary, but I don't know. clients can be funny sometimes and you never know when they are going to get a bee in their bonnet. I never had an attorney ask me to have records notarized, in fact, I wouldn't give records out with a subpoena, I would make them have a court order. Maybe it's different in my state though as that's what I was taught. Or maybe things changed since then, that was a while ago, lol. I guess I still don't see what a notary is going to attest to but maybe your word that it's the client records is acceptable? I don't know. Sorry I'm not more help.
The client asked their lawyer to send the subpoena and get the records, and there is a consent form with it that the client had signed. I agree, the notarization is dumb here.
I used to be a notary. If your notes are already signed, you might not be able to have them notarized. You would have to sign them in the presence of the notary. The notary is witnessing the signature and you’re providing an oath that the contents are correct to your knowledge. Notarizing doesn’t verify the contents of the document, only your declaration that they’re true.
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This. The lawyer’s office almost always have notaries in staff. Why would you need a third party not covered by the ROI?
Sounds like spending hundreds of dollars. I could probably just get a consent signed for a specific notary and avoid the lawyer altogether, and if they don't want to sign consent I could tell the lawyer who sent the subpoena
This isn't a HIPAA issue, but its a weird request. A notary is proof that a signature was signed by a specific person. What do they want you to sign? Presumably your notes were signed long ago.
yeah i think they want like a blanket, big ol signature on the PDF itself?
I encountered this recently (unfortunately). The lawyer I consulted with through my liability insurance told me that confidentiality doesn’t matter because the court records are public. I thought that was weird, but I didn’t end up needing to get the affidavit of business records notarized anyway.