The current novel corona virus (COVID-19) pandemic and the governmental response thereto have created a new way of doing business. We, like others, want to reduce the spread of the virus, and we are trying to comply with governmentally imposed restrictions. Phase Two of Governor Sisolak's corona virus recovery plan started May 29, 2020. Here are our current policies under Phase Two:
Reception Desk. Our office reception desk is open for the dropping off and picking up of documents. Everyone is asked to maintain a distance of six feet from other persons. Sanitizing protocols are in place at the office.
Office Meetings. We discourage scheduling in-office meetings except for the purpose of signing documents.
Document Signing. In-office document-signing meetings will be scheduled, with restrictions.
Only the persons signing documents and required witnesses and/or notary will be present, and social distancing will be maintained to the extent practicable. The wearing of masks is encouraged. Do not bring children or pets to the meeting. One family member or chauffeur can wait in the reception area, but he or she will not participate in the meeting unless needed as a witness.
Regardless of the corona virus recovery stage, for clients who prefer not to or who cannot come into the office to sign documents, we will make arrangements to send the signature-ready documents with instructions as to their execution.
In such cases, it may be necessary to either provide documents that do not require a notary (which is not always possible), or the clients may need to arrange for a mobile notary or an "e-Notary", which is discussed below.
Where a notary acknowledgment is optional, we are either eliminating the acknowledgment from our documents or replacing the notary block with a place for two witnesses to sign.
We encourage clients who are signing documents out of our office to allow Mr. Rushforth to "participate" in the meeting by video conference or by phone so as to be available to answer questions and to provide guidance for the property signing of the documents.
Until they are no longer contagious, clients who are ill and who wish to sign documents that require a notary should either (1) defer signing the documents or (2) should sign them remotely.
Nevada law permits the electronic signing of trusts and wills, but we do not yet offer that service. We have not yet made arrangements with a qualified custodian as required in NRS 133.300 et seq. et seq. (as to Wills) and NRS 163.0005 (as to trusts).
Nevada law also permits the remote execution of documents requiring notarization, and we have access to that service. The "e-Notarization" of documents cannot be done using traditional e-signature services such as DocuSign, RightSignature, or Adobe Sign. It requires two-way audio and video communication using a state-approved e-Notary service provider. Legal assistant Anne Stokes has been approved by the Nevada Secretary of State as an “e-Notary”, and we have made arrangements for the remote execution of notarized documents through DocVerify, a state-approved service provider. We rarely recommend the remote signing of documents because of its complexity, the additional time involved, and the additional expenses it triggers, but it is an option to consider.
Video Meetings; Telephone Conferences. In-office meetings other than document signings are still discouraged. Even after the recovery plan is fully phased in, video meetings and telephone conferences will be encouraged over in-office meetings.
**NOTE: Rushforth Firm Ltd. is a Nevada professional limited-liability company. No one employed by Rushforth Firm Ltd. ("the Firm") or its partners is certified as a specialist or expert by the State Bar of Nevada, the Utah State Bar, or any other entity. The information presented on any of the Firm's web sites (including this site and rushforthfirm.info) is general information only and should not be considered as legal advice. No attorney-client relationship is formed by anyone's accessing any web site provided by the Firm. Links to unaffiliated web sites are provided as a courtesy, and no "guarantee" or other assurance is given or implied with respect to the content, products, or services of unaffiliated web sites.