Solutions to get the notary's profession moving again

The notary profession is in danger of becoming stuck. Our notary, Geert Janssen, writes in this opinion piece published on Advocatie about some possible strategic solutions.

Notary offices in the Netherlands are under increasing pressure. The number of notarial deeds executed is reaching record highs, while the total number of notaries has been declining for years. Between 2016 and 2026, the number of notaries fell from 1,283 to around 1,181, while more than two million deeds were executed last year—a historic record. Some notaries told the NOS news that they won't be able to schedule an appointment with a client for another five months. This combination of more work and fewer staff is resulting in longer waiting times, staff overload, and risks to the quality of service. At the same time, the complexity of deeds and the requirements of legislation and regulations, such as the reporting of unusual transactions based on anti-money laundering regulations, are increasing. To prevent the notarial profession from becoming gridlocked and access to legal certainty from being compromised, fundamental policy changes are necessary and possible.

Economies of scale

A direct way to reduce workload is to invest in scaling up or, if that doesn't work, increasing collaboration within the notary profession. Small firms that lack proper organization are particularly vulnerable to peak workloads. Scaling up creates economic space to implement more modern work processes and concentrate specialized tasks, such as compliance investigations or anti-money laundering checks, on teams rather than on individual notaries. This makes the workload distribution more efficient and reduces the burden on the notary, who is normally responsible for the entire process from intake to case processing. This requires strategic and sometimes cultural changes within firms, which are not easy, but the result delivers an indispensable improvement in the balance between workload and capacity.

Digitalization

Digitization, particularly the use of GenAI, is already playing a role in standardizing routine tasks in many offices, such as drafting common deeds, preparing documents, generating audit reports, and managing files. In the Dutch market, innovative parties and digital platforms support notary offices with intake, document generation, and data processing, allowing notaries to focus on the more complex and legally sensitive aspects of their work. Smart workflow software, AI-supported document prediction, and integrated client portals reduce the administrative burden. Blockchain-like technology can facilitate the secure and efficient registration of certain data. The challenge lies in interoperability, training, and ensuring quality and privacy. Offices that do not already reap the benefits of digitization will certainly not reduce their waiting times.

Better HRM

A fundamental bottleneck in the notarial profession is the growing shortage of civil-law notaries and trainee civil-law notaries. The profession is aging, and its attractiveness is under pressure from increasing social pressure from regulators, clients, and disciplinary authorities. Firms with a future offer a safe work environment, a good work-life balance, sound employment conditions, attractive training programs, and challenging job marketing for notarial students. In short, it is essential for the notarial profession to be supportive of each other. Many notary firms can also benefit from a better internal division of labor. By working more with support staff with different levels of authority, notaries can better focus on their core tasks. Consider the distinction and professionalism of notarial assistants, clerks and paralegals, trainee civil-law notaries, and specialized staff members such as those in Finance, HRM, ICT, Facilities, and Marketing. Task differentiation reduces the pressure on notaries and makes the organization more resilient. This requires clear job descriptions, training, guidance, and sufficient resources to recruit – and retain – qualified people. Specialized employees often deliver faster and better work. This aligns with current discussions within the sector about the modernization of the profession and the role of new positions within notary offices.

Scaling up, digitization, and improved HRM are three strategic opportunities for the notarial profession, which is at risk of becoming paralyzed if policies remain unchanged. If too many offices experience excessively long waiting times and corresponding complaints, social harm will occur that rightly impacts the entire profession. The current situation demands investment from the notarial profession, collaboration, and an open attitude toward change.

This article previously appeared on Advocatie: https://www.advocatie.nl/nieuws/oplossingen-om-het-notariaat-weer-vlot-te-trekken/