Notario Fraud

Notarios, Fraud and Immigration Law

            Notario fraud is a crime that victimizes vulnerable members of the immigrant community. The fraud exploits the differences between Latin-American and United States legal traditions to defraud persons seeking help navigating the U.S. immigration process.

In Oregon the problem of notario fraud has become serious enough to prompt general education of attorneys on the subject. The Oregon State Bar held a conference devoted to notario fraud on 9/24/2014. The Oregon Secretary of State, Kate Brown, gave a keynote address to the conference emphasizing the seriousness of the problem.

The notary is a common functionary in civil law legal systems. While they are called notario in Spanish they are also present in other civil law countries. They are called notaire in French speaking countries and symvoulogrpahos in Greek speaking countries. All share a common ancestor in the classical Roman tabelliones.

The tabelliones was a development of the early Roman Imperial era. Ulpian, a Roman jurist of the 3^rd century, discusses the tabelliones as an established institution in the legal profession alongside lawyers, advocati, and students of law, iuris studiosi. They were responsible for recording legal documents in Latin and maintaining documents, especially wills.

 The modern civil law notary is a descendant of the Roman tabelliones. This official, particularly the Spanish speaking noratio, is a highly trained legal professional. The notario is a public official who represents a transaction rather than individuals. The notario is expected to impartially advise all parties to the transaction. Then, the notary is empowered to authenticate the finished document. This authentication is required in transfers of real property.

As a public official required by law to professionally and impartially prepare and advise on the preparation of documents, the notario is an important and trusted part of Latin American legal systems. Immigrants from Latin American countries are used to looking to notaries for legal advice. This trust is used against them in notario fraud. Some unscrupulous American notaries take advantage of the similar language to confuse persons seeking immigration advice. They provide untrained and often inadequate advice.

The remedy for this fraud is to educate the immigrant population about the common law legal system and to create a well-trained cadre of attorneys ready to take on or intelligently refer immigration cases.

The State of Oregon Law Library can help! We have reference books available at every skill level.

·      Weissbrodt, D., & Danielson, L. (2011) Immigration Law and Procedure. (6^th ed.). West.

o   This is an introduction to the basic concepts in immigration law.

·      Bray, I. (2011) U.S. Immigration Made Easy. (15^th ed.). NOLO.

o   This is a step by step approach to U.S. immigration law intended for an amateur audience.

o   Nolo also has a website dedicated to this topic here.

·      Steel, R.D. (2014) Steel on Immigration Law. Thompson Reuters.

o   This is a encyclopedia of rules, laws and concepts in immigration law aimed at legal professionals.

·      Frangomen, A.T. Jr., & Bell, S.C. (2014) Immigration Fundamentals: A guide to Law and Practice (4^th ed.) New York: Practicing Law Institute.

o   This is a practice oriented reference work focusing on the practical practice of immigration law aimed at attorneys. 

Come to the Law Library, email, or call us and we will be happy to assist you.

Your Librarian,

Lewis Zimmerman

See Also

Gröschler, Peter. "Tabelliones." Brill’s New Pauly. Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider. Brill Online, 2014. Reference. 26 September 2014 http://referenceworks.brillonline.com/entries/brill-s-new-pauly/tabelliones-e1127910

Malavet, P.A., (1996). Counsel for the situation: the Latin notary, a historical and comparative model. Hastings International and Comparative Law Review, 19, 389

Olsen, T.B., (2012). Combating “notario fraud” locally. Berkeley La Raza Law Journal, 22, 383

Rose, J., (1998). The legal profession in medieval England: a history of regulation. Syracuse Law Review, 48, 1

Lexis Advance: New Interface

On September 9th LexisNexis rolled out their new interface. Along with the new look Lexis has made new administrative code and constitutional content available to Lexis advance users.

Lexis has made a number of guides and videos available to explain the new interface here. The PDF before and after guide is particularly useful for users of the old interface.

The heart of Lexis Advance is the unified search box. You can run natural language searches across the entire Lexis database from this box. You can also limit your search to specific sources or jurisdictions. Inside the search box there is a button labeled “Filters”. This button opens the following menu:

Using this menu you can select a number of categories to include in your search. For example checking Oregon under the jurisdiction tab and Cases under the category tab will limit your search to cases out of Oregon. The filters you have applied will appear at the top of the filters window.

You can browse the database of sources from the front page as well. At the top of the home page there is a black bar that contains a button called "Browse." Clicking on it opens an interface that lets you sort through the Lexis sources by various categories. You can also search the available sources using a small search box.

One last interesting feature is the ability to change the font and text size of results across your Lexis session. If you click on the "More" button at the top of your Lexis home page you will get a list of options that includes an option for "Settings."

Once you are in the settings menu you will be presented with a number of interface options. This will include the ability to change the font and text size of displayed documents.

If you would like any further help with Lexis Advance please stop in at the State of Oregon Law Library. We are located inside the Supreme Court building in Salem. You can ask for yours truly, Lewis Zimmerman. I'd be happy to show you around the new Lexis.