Notary refuses to testify—and pays dearly for it
According to a report by Legal Tribune Online, a notary from Thuringia learned a lesson that should actually be self-evident: anyone summoned by the court must appear. And anyone who is required to testify—and no longer has a legal excuse—must speak. But this notary believed he was above the law. Although he was released from his duty of confidentiality and a court had legally compelled him to testify, he remained stubbornly silent.
This has now had repercussions: the Federal Court of Justice (BGH) upheld a disciplinary fine of €9,000 – and made clear statements about the exemplary role of a notary. This case impressively shows how a single stubborn person can undermine their own position.
Confidentiality? Long since abolished
The case reads almost like a defiant protocol: the notary was originally bound by his position to maintain confidentiality—so far, so good. But it was precisely this obligation that was lifted: one of the parties involved in the original case had released him from it, and the notarial supervisory authority, the Gera Regional Court, had also given the green light. But instead of cooperating, the notary stayed away and refused to make any statement.
Even when the district court issued an interim ruling confirming his obligation to testify, he stuck to his opinion. He paid the fines, but still did not appear in court. His motto was: "I have my own legal opinion—and that's what counts."
Federal Court of Justice sends a clear message: Not like this!
The Federal Court of Justice has now put a stop to this behavior. The federal judges made it unmistakably clear: a notary is not just anyone—he is a public official and has a responsibility very similar to that of a judge. He is expected to adhere strictly to the law. Anyone who opposes this is also opposing the rule of law. It's that simple—and that harsh.
The lower court, the Jena Higher Regional Court, took a different view and argued that it was more a procedural issue than a breach of professional duties. However, the Federal Court of Justice made it clear that even conduct outside the actual office can constitute misconduct, especially if it is likely to undermine confidence in the office.
We say: Image of the profession damaged
Those who administer justice must not disregard the law. A notary who considers himself smarter than a court is not a role model, but a risk. With his stubborn obstructionism, this notary has not only impeded the proceedings, but also damaged the image of a profession that is supposed to stand for integrity. And let's be honest: any lawyer who thinks he can ignore a legally binding judgment either does not understand the system – or does not want to. Both are extremely dangerous.
Source: Legal Tribune Online – lto.de
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