Daily Archives: February 5, 2024

Lawyers as Notaries – Arizona Law

Lawyers are authorized to perform notarial acts pursuant to A.R.S. §41-258(A)(3).  A more accurate definition would be lawyers are notarial officers.  A Notary Public is a person commissioned by the Secretary of State.  

Who is a “notarial officer?”  A notary public or other individual authorized to perform a notarial act. See A.R.S. 41-251

Pursuant to law, the recorder’s office may only reject a filing for recording if it fails to

meet the basic standards. Nothing allows rejection for notarial acts.

What about the courts?  Questions of the validity of a document are questions for opposing counsel.  If documents comply with the rules of practice, a clerk of the court cannot reject a document. The clerk may need to be reminded of the statute if documents are rejected.

How does an attorney have a notarial act recognized in other states?  Put a statutory reference in your notarial block thus reducing the likelihood that the documents will be rejected.  Most states follow the doctrine of reciprocity.  It might be helpful to include a copy of the statute with documents that will be recorded or sent to entities or offices in other states.

A sample notarial block might include the following:


Attorney at Law

Licensed to Practice Law in Arizona

State Bar Number

Authorized to Perform Notarial Acts

Pursuant to A.R.S. §41-258(A)(3)

Just as notaries are required to keep a journal of notarial acts, the lawyer should, too.