MY EXPERIENCE WITH VIDEO NOTARIZATION

As you know,  as part of Executive Order 202.7, electronic notarization is permitted under the following circumstances and now expires May 7,2020:



"Any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met:

The person seeking the Notary's services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after;

The video conference must allow for direct interaction between the person and the Notary (e.g. no pre-recorded videos of the person signing);

The person must affirmatively represent that he or she is physically situated in the State of New York;

The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed;

The Notary may notarize the transmitted copy of the document and transmit the same back to the person; and

The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution."


Recently, I had my signature notarized by an attorney for a notary renewal, the attorney being someone I have known for quite some time, and we discovered the following “pitfalls” in video notarization:



1. It takes a lot of time. We knew each other but it takes time to scan the documents and ID, receive it, send back, etc. If we were not chatting it up, it would probably have been, under the best circumstances, at least 15 minutes. Perhaps longer if you are dealing with someone who is either “electronically challenged” or with someone with whom competency is an issue.



2. The usual video software is a head and shoulder shot so you are not really witnessing the signature, etc. unless the affiant lifts up the paper and sign it or the camera moves with each action. It would be possible to have someone say they are signing it but someone else out of video view is signing it, etc.



3. Once the affiant signs, are you actually viewing them sending the same document to you by fax or email? Not with a head and shoulder shot.



4. Once you transmit back a notarized copy, who will accept it immediately. In my case, it is a notary renewal application - will the Nassau County Clerk accept it? I will certainly find out.

GUIDELINES FOR NEW YORK COURT VIDEO CONFERENCING

Joining Skype For Business Meeting

New York State Unified Court System has been using Skype for Business (SfB) for both internal videoconferencing and remote video appearances with external parties, such as attorneys, litigants, and witnesses.  This guide is for those who wish to join a court-organized videoconferencing call. 

Q1.  What are the minimum requirements for participating a SfB videoconferencing call?

A1. You must have a decent computer or smartphone with up-to-date operating system, and a high-speed Internet connections.

Q2. I don’t have a Microsoft Office365 Account, can I join a SfB videoconferencing call?

A2.  Yes, you can still fully participate in a SfB video call from a web browser without paying for a license.

Q3. Why is it important to have a decent computer with an up-to-date operating system?

A3. Videoconferencing requires more computer horsepower than regular applications, such as a word processor.  Obsolete Operating Systems, such as Windows 7, not only have security holes, but also may exhibit unpredictable behavior when joining a Skype call. 

Q4. Can I join a SfB videoconference call without a webcam?

A4. Most laptops or tablets, as well as smartphones, have built in webcams.  If you don’t have a webcam, you can still join the SfB meeting.  People can hear you, however, they cannot see you, which is not desirable in most court proceedings.

Q5. What would you recommend for the audio?

A5. Obviously, you don’t have a meaningful videoconferencing calls without the audio.  To achieve the best effects, we recommend the use of a USB headset.  You may use an external speakerphone or built-in speaker and microphone within your device, however it might pick up background noises.  In those cases, you should sit close to the microphone.

Q6. How can I know my Internet connection is good enough for a Skype video call?

A6. Most people have broadband (highspeed) connections from their service providers, such as Spectrum, Cablevision Lightpath (Xfinity), or Verizon Fios.  Under normal circumstance, those broadband connections are more than sufficient to support Skype video calls.   Keep in mind that when you are joining a Skype video call during the emergency, you are competing the same bandwidth with other people staying home working, learning and being entertained.  Sometimes you may see your video has a lag and a pixelization.  This is a sign of Internet traffic congestion.  The problem usually will clear up by itself after a few seconds, so please be patient.  In addition, please connect your computer to a network port in your router if possible.  A wired connection has better performance than a Wi-Fi connection.

Q7. How can I prepare myself for the Skype video calls?

A7. We cannot emphasize enough the importance of performing a test well ahead of time to ensure equipment compatibility and to familiarize with the interface.  You may send your cell phone number, email address, and preferred date and time for the test to skypetest@nycourts.gov.  We will schedule a test call, send you the invitation and conduct the test with you.

Q8.  Is Skype for Business secure?

A8.  All communications on Skype for Business are encrypted.  Microsoft designed the product with security in mind.  To learn more about security features:  https://docs.microsoft.com/en-us/skypeforbusiness/optimizing-your-network/security-guide-for-skype-for-business-online

Q9. Can you share documents with all the participants?

A9.  While you can use Skype for Business for document sharing, we recommend you contact the clerk handling your case about the best approach for sharing/sending documents.  If you have to, you can  share documents within SfB in two ways: either open the document and share the desktop for the parties to view, or share the document as an attachment for the parties to download, view and print.  Be aware that the document sharing feature might not work on all platforms.

Q10. Where I can find tutorial on using Skype for Business?

A10. Please click on the link below:

https://support.office.com/en-us/article/join-a-skype-for-business-meeting-3862be6d-758a-4064-a016-67c0febf3cd5#OS_Type=Windows

Q11.  What are the most common problems a user will encounter, and where I can get technical support during the video call?

A11.  Common issues include:

·        People cannot hear you: Make sure you are not muted. B)  Select the correct audio device.

·        I cannot hear other people:  Make sure other people are not muted.  B) Raise your speaker volume.

·        My video is off:  Make sure the camera is turned on and the correct camera is selected when you have a multiple cameras.

·        I hear echo:  Lower the volume of your speakers will usually reduce echo. 

·        Hanging up and reconnecting a call will many times resolve the issue. 

·        My Skype call becomes non-responsive:  This is usually caused by some other software or background process running on your computer.  Make sure your all your software is updated and security patched well ahead of the video call.  It is also a good idea to reboot your computer at least one hour before the meeting to get a fresh start.

·        I am in the middle of the video call, something goes wrong.  What should I do:  It is impossible to provide technical support in the middle of a call?  If problems cannot be resolved using the tips above, the best bet is to hang up Skype and reconnect.

Q12. Can I use my Skype to join a SfB video call?

A12.  Many of you may be familiar with Skype, a videoconferencing and IM product targeted at the consumer market.  Skype for Business (SfB) is an enterprise platform for secure communications and collaboration.  For all intent and purpose, you cannot use Skype in court-organized SfB video calls.

Q13. Why can’t I use other products, such as FaceTime, for videoconferencing with the courts?

There are many videoconferencing products in the market. For example, FaceTime is excellent for point-to-point video calls if both ends use Apple products.  When using videoconferencing in a court proceeding, we must use SfB, a proven product current in use by the court system that is secure, scalable to support multi-party call, versatile to work with different computers and smartphones.  

Q13.  Whom should I contact to schedule a Skype video call with the judge and other parties?

A13. You should contact the clerk of the appropriate court for procedure on how to schedule and participate a videoconferencing call for courtroom proceedings or attorney/client consultation.  More information could be found at www.nycourts.gov

Q14. Can I join a Skype video call using an iPhone or Mac?

A14.  Yes, please go to Apple App Store to download the Skype for Business app (not the regular Skype app).

Q15. If I join the meeting from home, what should I do to achieve the best audio and visual experience?

A15.  Select a quiet room, preferably no windows behind you.  If you do have windows behind you has to be behind you, close the blinds.

Q16. How come I am unable to download the Skype web plug-in?

A16.  This is most likely a security setting on your computer that is set to prevent you from downloading the plug-in.  Please see technical support in your organization and let them know you need this mission critical application to work. 

Q17.  Can I join the meeting from multiple devices at the same time?

A17. Some of you have set up multiple devices at home to be ready for S4B video calls.  We want to commend you being prepared for equipment failure.  However, it is not a good idea to have two devices, such a smartphone and a laptop, joining the Skype call at the same time.  In addition to create confusions for everyone, this will waste Internet bandwidth, and cause feedback and echo for everyone. 

Q18.  How can I have the best Virtual Courtroom experience?

A18.  If at all possible, adding a second monitor will enhance the virtual court room experience.  One screen can be used for viewing the video feed of the call and the second screen can be used for document viewing or other work. Here are three common approaches to setting up dual monitors at home:

·        Connect an external monitor to your existing laptop or desktop.

·        Use your laptop for videoconferencing, use your desktop PC for email and document viewing.

·        Use your smartphone for videoconferencing, use your laptop or desktop for email and document viewing.