How can a Notary protect themselves against liability?

Maintaining thorough records and obtaining insurance are crucial strategies for a Notary to protect themselves against liability. Comprehensive record-keeping serves multiple purposes: it provides a reliable account of all notarial acts performed, including the details of transactions and the identities of signers. This documentation can be invaluable in the event of a dispute or legal question, as it offers evidence of the Notary's adherence to statutory requirements and ethical standards.

Additionally, having Notary insurance, often referred to as errors and omissions (E&O) insurance, further safeguards against potential claims arising from mistakes, negligence, or misconduct. This type of insurance can cover legal costs and damages associated with claims made against the Notary, thereby alleviating financial burden and providing peace of mind. Together, thorough records and adequate insurance form a solid foundation for protecting a Notary’s professional integrity and financial security.

In contrast, limiting services, charging higher fees, or avoiding complex documents may not significantly reduce liability. Limiting services could restrict the Notary’s ability to serve clients effectively, and higher fees might not reflect increased liability protection. Avoiding complex documents does not address the need for due diligence or accurate notarization, as even straightforward documents may become contentious.