As well as being a solicitor, I am a notary public. A young Russian woman recently came into the office. She wanted help to resolve a problem. She had had two powers of attorney prepared and witnessed in south London, in English, for use in Russia. They had been rejected because they had not been bound properly or signed on every page. I found another ground for rejection: they were witnessed only by a solicitor, not by a notary.


The client was charged £140 and then had to pay £54 to the Foreign Office for apostilles - all wasted. The solicitor seems to have given no thought at all to the efficacy of the instrument she was preparing. She was either ignorant of international transactions or was being cavalier about what she was doing and charging the client regardless.



Solicitors who are not notaries should never attempt to draw up or witness documents for use outside England and Wales, unless there is a firm indication from a lawyer in the other jurisdiction that witnessing by a solicitor alone will suffice. Indications like that may come from a handful of Commonwealth countries, but not otherwise.



Kevin Beach, KB-Law, Horley, Surrey