One question we get asked a lot, is whether we, as solicitors, are also "Commissioners for Oaths".
Anyone who has has to swear an affidavit, or take a statutory declaration (in England and Wales) will be advised that the document needs to be sworn (or affirmed) before an solicitor or "commissioner for oaths".
In fact, all solicitors with current practising certificates (issued by the Law Society) are entitled to admininster an oath, but it's not just solicitors by any means. Barristers, notaries public. licensed conveyancers and Fellows of the Institute of Chartered Legal Executives are all entitled to adminster oaths as are certain officials at the High Court, and your local County Court. You can even ask a Judge or a Justice of the Peace (Magistrate) to do it for you.
One of the critical issues for solicitors is that they shouldn't have any involvement in the matter at all. In fact, a solicitor who carries out a "swear" or a "stat dec" has very little interest in the contents of the document, other than the formality of adminstering the oath or the statutory declaration. I say "very little" because if a solicitor has good reason to believe that the oath or declaration is false, that solicitor must refuse to administer it.
If you need to get a solicitor to carry out a "swear" or a "stat dec" my suggestion is that you ring a firm of solicitors close to you and ask if you can pop in. The fees are prescribed (£5 for an affidavit and £2 per exhibit) so if someone asks you for more than than, keep phoning around.
Here at LloydLaw we are more than happy to help people out with "swears" so if anyone in London SE1 needs a document sworn or they need a solicitor or commissioner for oaths to take a statutory declaration, then all they need to do is ask.
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