We have no right to go wrong
INFOLEX: Half of a year has passed since the beginning of your tenure. How do you evaluate the notary situation today – image of notary, relationships with society, government, media?
M. Stračkaitis: The situation is really not that simple. The last two years were the most difficult over the entire 15 years of our practice. We have never had to excuse, explain and rush as much as in a recent period. This is a new experience to us – over the years the notary has been the one, who questions, evaluates and weighs the facts. „What notary certifies, becomes a law“ – the mission and responsibility of notaries profession. In order to carry out the mission, we cannot surrender to any emotions or provocation. We agree to negotiate positions, look for compromises, and talk about everything but only one way – by the laws determinate order. Maybe today, the media and politicians might find it too time consuming, tiring and a boring way, however, we have no other choice. I believe that every lawyer will understand what I am talking about. Looking back at history, notaries have never participated actively in the outer societal affairs. Maybe that is why today we are called a clan, a secret lodge, etc. Actually it is difficult to explain and understand our job specifics, as this is sphere of a narrow specification. This is not easily comprehendible and interesting information – you should agree that a rare person reads and examines the contracts of constant increase in volume. Currently people need interesting and sensational news; therefore, I understand the media and politicians. On the other hand, we are not some sort of an exceptional part of society, we have to adjust, search for ways so that the job of notary would be comprehensible, valuable and accessible for everybody. This is the main my and the Notary of Chamber task of this time.
INFOLEX: What matters are relevant for notaries of other countries? What are the tendencies of worldwide notary practice?
M. Stračkaitis: Today 68% of world’s inhabitants address the notaries for various juridical matters. The Lithuanian Chamber of Notaries belongs to the International Union of Notaries already for 14 years – we were accepted on the 11th of February, 1994 being one of the first of Baltic states. Today this organization unites over 75 Europe, American, Asian and African regional states notaries. It is not customary to experiment in our job, therefore, it is relevant for notaries to analyze the practice of other countries’ notaries, and exchange the experience as similar matters are solved everywhere. I will provide several examples. In Latvia, for example, it was decided not to limit the number of notaries. And what happened? The colleagues Latvians state that almost all Latvian notaries went to Riga, and the provinces remained without law specialist and help to people. If to talk about rates, then Holland experience is interesting. It was attempted to reform the notary service rates, however, because of this, clients suffered. In Holland, for main notary service the prices increased tenfold after the reform for the major part of citizens, while until the reform took place, the service, as well as in Lithuania, had low rates determined. True that some rates were reduced by the government. However, it was only ten percent from the top highest prices from the rarest contracts. This difference if felt by anyone it was not by the major businessmen, paying the notary for enormous business strategies consultations and documents, and it turned out that that the discounts were made exactly for them.
INFOLEX: Half a year ago the Chamber of Notaries strongly reacted to the intent to change the Notary law. What is the current situation?
M. Stračkaitis: We seek for juridical stability and represent Lithuanian notaries and their clients interests. We are not against reforms, however, we will keep the consistent position that any changes firstly need to be weighed and comprehensively assessed by the laws determinate order. We will never create a strong legal system if we constantly keep changing it. A specialist of any technologies can testify that change of system is the most complicated task, because then you need to change the other related chains, therefore, you can set for it only when being certain, that this is vitally important and comprehensively checked. The experience shows that disregarding such conditions, mistakes are being done and accepted decisions need to be changed or revoked. This happened with a minister of Justice order of 3rd of April, 2007 regarding the Notaries taken fee for notary actions performance, bargain projects preparation, consultations and technical service temporary amounts confirmed by the Lithuanian Republic minister of Justice order No. 57 on 12th of September, 1996 change. For several times different law project options of Justice Minister were negotiated with the chamber of Lithuanian Notaries, asking to comment within several days or hours. The Chamber of Notaries didn’t have a chance to evaluate the last order projects’ option. Almost every day we applied the Ministry of Justice with notes asking not to rush to accept the changes and give a reasonable period to get to know the order project. However, despite all the efforts and applications, the Chamber of Notaries received an already signed order. In addition to it, we did not have any information of when this order will come into force. In the State news it was announced on the 11th of April, 2007 before Easter, and because of holidays schedule further Notary offices received the minister’s of justice order couple days after its effect. Immediately after the order announcement, associated business structures applied the minister and the prime minister. Over several weeks, the order of the minister of Justice was changed one more time – by the order of 28th of May, 2007. So that the order of minister of Justice could come into effect and be applied for at least some time, until the ministry of justice will perform the assigned audit of notaries amount of payments, the Order of minister of Justice was changed again on 5th of February, 2008. In a similar manner, the ministry of justice prepared Notary law’s change law project was investigated, which today is considered at the Parliament committee’s. Parliament state’s management and municipalities’ committees suggested the main. i.e Committee on legal affairs, to return the organizers the laws project for improvements. In the spring session, 3 law hearing projects were heard at the committee of legal affairs. Over the sessions we have discussed only ten project articles out of 81. This shows that project regulations are really questionable, raise doubts and discussions. The Lithuanian Chamber of notaries has provided 48 comments for the law projects. A lot of comments for law projects are provided by Lithuanian universities, LR Parliament Law department, Law institute, and other institutions. We hope that when changing one of the basic Lithuanian legal system’s laws all comments will be taken into consideration and all arguments will be discussed. Sometimes we even joke that the proverb „Measure nine times and cut on the tenth” was created by notaries. We really cannot do anything in a rush. Our duty – to keep the impartial position and constantly raise the qualification, so that we would be necessary for the state and people, so that we could properly represent the law. We have no right to go wrong.
INFOLEX: What would you change at a current Notary law?
M. Stračkaitis: We approve the assessors institute development, notaries settlement security, as well as improvement of notaries or notaries practice process order. Based on Estonian notaries process experience, we have provided suggestions for Minister of Justice to addition the notaries functions by the notary certified documents certification sign apostille function. We believe it would be purposeful to addition the Notary law indicating that notaries can be mediators or in other words, so called reconciliators. Practically, we perform this service each day, by approving each deal – by being impartial, we adjust the will of deal parties purpose and interest. We also think that it is possible to discuss about other functions being transferred to notaries, for example., approval of marriage instituting and termination, entry about marriage instituting and termination performance, third courts practice performance, juridical consultation not only in civil law area, if a notary is qualified enough in a certain area and etc. Notaries are qualified lawyers, performing the functions of state’s juridical assistants; therefore we believe that the state can easily delegate part of juridical functions to notaries, thus reducing the bureaucratic apparatus and its maintenance burden.
INFOLEX: Has the notaries’ liability insurance problem been solved?
M. Stračkaitis: I would not call this issue problematic. It was just an attempt to make a one party beneficial decision in the notaries’ obligatory professional liability insurance in the legal regulations and make notaries and their clients dependent on insurers’ conditions. Today the Notaries professional liability insurance is valid and I could boldly assure that neither of notaries will perform any actions without being insured. The Lithuanian Chamber of Notaries regarding this insurance consults with several foreign insurance companies. Lithuanian insurance company BTA insurance claimed their interest in Notaries obligatory liability insurance. Therefore there is no point in talking about the problems of notaries’ obligatory liability insurance or change valid legal regulations. At least for notaries.
INFOLEX: Does the (Real estate property deals public electronic service) REPDPES fully and satisfactorily function? If not, what is missing to achieve the maximum effectiveness?
M. Stračkaitis: REPDPES system is not yet finished. The Notaries clients cannot make the major part of real estate property transferring deals at a current system; system often cracks and does not work effectively. Today we ask the minister of Justice to initiate the REPDPES system’s rights transference to the Lithuanian Chamber of Notaries, so that we could invest our money to the system development. The Chamber of Notaries having settled the system it could start working in a short run. The REPDPES system for notaries is very necessary – so that to save the time of clients and notaries when preparing and approving the contracts and registering the rights at registers and automatically correct the mistakes in the deal, by transferring the data from current registers. 25 notary bureaus, notaries and the Chamber of Notaries participate in system testing trials, constantly and gratuitous provide juridical consultations for computer scientists, creating the system. They write comments regarding the REPDPES system improvement for Register center and Justice Ministry.
INFOLEX: What is the situation with notaries in regions? Do citizens easily get notaries service and don’t they need more notaries?
M. Stračkaitis: Akmene, Pagegiai and Varena are the Lithuanian towns, where notary for local people is really necessary. However, there are no notary candidates to Pagegiai and Varena districts, and for notary’s position in Varena district in the last minister of Justice arranged audition only one lawyer participated. The position of Chamber of Notaries is clear: a client will receive the service of highest quality from notary only when institutions, that are Ministry of Justice and Lithuanian Chamber of Notaries, liable for notary service and practice, will intercommunicate. The Lithuanian Chamber of Notaries has to ensure each notary, as states authorized entity, qualitative service to client; proper office work administration and responsible notary name representation in society, therefore Lithuanian Chamber of Notaries always were and are for clear, just and socially based announcement of new auditions. For this reason, we will keep encouraging participating in the auditions for notary position in Lithuanian small towns and districts, and regarding sometimes very polysemic statements as if notaries do not let the novice in, we keep responding with facts. They are very clear and specific – Lithuanian Chamber of Notaries constantly performs researches, collects information and knows how many and where notaries are necessary.