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Plain English: Notarial Certificates

Lawyers often draft documents that require an act by a notary public. The wording placed at the end is called a notarial certificate. This antiquated example is not uncommon to see even today, unfortunately:

Such poor drafting is no surprise considering that state laws and secondary sources relying on them promote legalese to lawyers and laymen.

Here is a plain English version of a notarial certificate similar to what I use, which includes all of the substance without unnecessary wordiness and redundancies contained in old-fashioned versions:

This short, straightforward notarial certificate supplies the document title, location, date, signer’s name, notary public’s title, and space for his signature and stamp. It also clearly conveys that the signer executed the document in the presence of a notary public and acknowledged it.

Like many other statutes and rules providing sample forms, Pennsylvania’s (outdated) Uniform Acknowledgment Act merely requires that the language used be similar in substance.

The 2010 Revised Uniform Law on Notarial Acts, which the American Bar Association approved in August 2011, includes sample forms with improved language. With a small amount of time and effort, lawyers can clearly and concisely draft notarial certificates that contain all of the necessary elements.

*See the 1991 article, Plain English Acknowledgment Forms, published in the Michigan Bar Journal.

Plain English in Pennsylvania

I was recently appointed Vice Chair of the Plain English Committee of the Pennsylvania Bar Association by the PBA’s president, Matthew J. Creme, Jr.

I am very excited about this leadership position to promote plain English in the law and look forward to working with the Chair, Jan Matthew Tamanini, and the other members of the committee and bar association.

Posts about the use of plain English in legal writing and drafting will be added to this blog under the new category “Plain English.”  Please return for more information about this topic!