Common Notary Errors and How to Avoid Liability

Most common errors: notarizing without the signer present in person (RON mitigates this), using the wrong notary certificate language, failing to verify identity properly, incomplete journal entries (missing critical information), notarizing outside your state of commission, or notarizing when you have a conflict of interest.

When you make an error: the recipient may reject the document (costing the signer time and money), you may face civil liability claims from harmed parties, your E&O insurance may refuse to cover it (if negligent), the state may investigate and discipline you, or in extreme cases you may face criminal charges for notary fraud.

Best practices for protection: carry adequate E&O insurance ($100,000+ coverage), maintain meticulous records (detailed journal, RON recordings), refuse notarizations when something seems wrong (better to lose one client than face a lawsuit), keep current on state regulation changes, and educate clients on what you can and cannot do.

It's okay—and necessary—to say no: if you can't verify identity, if the signer seems coerced, if you have a conflict of interest, if documents seem fraudulent, or if you don't understand what's being notarized. Refusal protects you and upholds the integrity of notarization.

If you discover you made an error: notify your E&O insurance immediately, cooperate fully with any investigation, correct the error if possible, and document everything. Early notification increases the likelihood your insurance covers the claim. Proactive transparency is better than defensive silence.