Limitations of notarization in preventing lawsuits or enforcing settlement agreements include the following key points:

• Notarization only verifies identity and signature authenticity, not legal validity or content: A notary public's role is limited to confirming the identity of the signers, witnessing signatures, and administering oaths. They do not provide legal advice, interpret documents, or ensure the legal sufficiency or fairness of the agreement being notarized. This means notarization does not guarantee that the terms of a settlement agreement are legally enforceable or that the parties fully understand their rights and obligations.

• Notarization does not prevent disputes or lawsuits: While notarization can help prove that parties signed an agreement, it does not prevent one party from later challenging the agreement in court, alleging issues such as fraud, duress, misunderstanding, or breach of contract. Notarization is not a substitute for legal counsel or thorough contract drafting.

• State-specific rules and limitations: Notarial acts are governed by state laws, which vary. Some states require physical presence, others allow remote notarization under certain conditions. Notaries must refuse to notarize if they suspect coercion, incapacity, or incomplete documents, but these safeguards do not eliminate all risks of future litigation.

• Notarization does not guarantee enforceability of settlement agreements: Although notarizing a settlement agreement can provide evidence that the parties entered into the contract, enforceability depends on the agreement meeting legal requirements beyond notarization, such as clarity, mutual consent, and legality of terms. Notarization alone does not make a settlement agreement immune from challenge or ensure it will be upheld in court.

• Settlement negotiation protections have limits: Legal protections around settlement negotiations (e.g., evidence rules) do not extend to all aspects of disputes or prevent discovery or litigation. Notarization does not affect these evidentiary rules or the potential for lawsuits arising from settlement disputes.

In summary, notarization is a valuable tool for authenticating signatures and deterring fraud but has significant limitations in preventing lawsuits or guaranteeing enforcement of settlement agreements. Parties should seek legal advice and ensure agreements are properly drafted and executed beyond mere notarization to reduce litigation risks.