Confronting 'notario' fraud

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A public notary is not an attorney. But some notaries have been preying on members of the Hispanic community who do not understand the difference.

Gov. Jim Doyle formally clarified the distinction between the two when he signed Assembly Bill 468 into law on March 18.

The legislation, which was passed at the end of the legislative session, makes it illegal for licensed notaries to engage in any activities which may be construed as practicing law. It is also a direct response to a growing number of “notarios” in Spanish-speaking communities, who prey on immigrants.

In many Latin-American countries, the term “notario” refers to a lawyer with special training.

“To people who come from other countries, the word notary means something different than it does to people in the United States,” said Doyle. “It was really important to clarify that function, so the people who are notaries are not doing legal work unless they are also attorneys.”

Rep. Pedro Colon, D-Milwaukee, co-sponsored the bill and said recent discussion by the State Bar of Wisconsin and the state Supreme Court shed additional light on the problem and likely helped advance the legislation.
A section of the bar’s petition to define the practice of law in Wisconsin deals with “notarios” and the court briefly reviewed that aspect of the proposal on March 14.

“The bill is not as broad as the petition, but I agree the bar seeking it to be adopted adds a layer of credibility,” said Colon, who added that the legislation will have the most impact on the Hispanic community.

Thomas D. Zilavy, who is the chair of the Bar’s Unauthorized Practice of Law Committee, said passage of the bill peripherally resolves one aspect of the bar’s petition, but enforcement is another issue.

“It’s conceivable that even though penalties are provided, additional remedies provided by state bar rule and it’s enforcement of restraining orders and cease-and-desists still might be used to stop the problem,” said Zilavy.

The bill states first-time offenders can receive fines of up to $10,000 and up nine months in prison. A second offense can result in a fine of up to $10,000 and up to six years in prison.

Colon, who is running for Milwaukee County City Attorney, agreed that the bill alone does not solve the problem and he hopes to discuss enforcement tactics with Milwaukee County District Attorney John T. Chisholm.

“Hopefully, we can now engage in a conversation with the [Milwaukee County] district attorney about going after some of these folks,” said Colon. “I mean, it’s good we took care of it, short of having the recommendation by the Supreme Court, but the most important part is people who will seek legal advice will not be ripped off.”