Counsel for the Situation: The Latin Notary, a Historical and Comparative Model

100 Pages Posted: 31 Oct 2009

See all articles by Pedro A. Malavet

Pedro A. Malavet

University of Florida - Levin College of Law

Date Written: 1996

Abstract

Can a lawyer, in certain matters, be an impartial counsel for the situation, rather than an advocate for either party? The Latin Notary is a legal professional of the Civil Law world that is expected to be a non-adversarial, expert legal counselor to every party to a transaction. The State seeks to ensure impartiality by imposing on the notary very strict training, admission and ethical requirements. In exchange for such high demands, the state often grants the notaries profitable subject-matter and geographic monopolies. Covers historical development, current definition and scope, relation to "lawyer as intermediary" of Model Rule 2.2.

Keywords: Comparative law, Civil law, Notarial Law, Notaries, Legal Ethics, International Property Transactions

JEL Classification: K33

Suggested Citation

Malavet, Pedro A., Counsel for the Situation: The Latin Notary, a Historical and Comparative Model (1996). Hastings International and Comparative Law Review, Vol. 19, No. 3, 1996. Available at SSRN: https://ssrn.com/abstract=1496453

Pedro A. Malavet (Contact Author)

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

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