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:
Name
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.