What Is the Difference Between a Notary Public and a Lawyer?

Notaries and Lawyers Serve Different Purposes

When dealing with important paperwork, it's easy to confuse the role of a notary public with that of an attorney. Both professionals may be involved in important legal documents, but their responsibilities are very different.

A lawyer can provide legal advice and help clients understand their rights and obligations, while a notary public performs specific notarial acts, such as verifying a signer's identity and witnessing certain signatures or statements. Understanding this distinction can help you know who to contact when you need assistance with your documents.

What Does a Notary Public Do?

A notary public serves as an impartial official who performs authorized notarial acts. Depending on the circumstances, a notary may:

• Verify the identity of a signer

• Witness a signature

• Perform an acknowledgment

• Administer an oath or affirmation

• Complete a notarial certificate

• Record information about the notarial act

The exact duties a notary can perform depend on the applicable law and the type of document involved. A notary's role is focused on the notarization—not on providing legal advice about the underlying document.

What Does a Lawyer Do?

An attorney has a much broader role when it comes to legal matters. Depending on their area of practice, lawyers may:

• Explain legal rights and responsibilities

• Draft legal documents

• Review contracts

• Represent clients

• Provide legal advice

• Help resolve disputes

• Assist with estate planning

• Handle real estate or business matters

If you don't understand what a document means or you're unsure whether you should sign it, an attorney may be the appropriate professional to contact.

Can a Notary Explain My Legal Document?

This is one of the most common questions clients ask. A notary can explain the notarization process, such as where to sign or what identification is needed, but they generally cannot provide legal advice about the document. For example, imagine you're given a power of attorney and ask the notary whether you should give someone authority over your finances. That's a legal question.

The appropriate person to answer it would generally be an attorney or another qualified professional—not the notary.

Why This Difference Matters

Understanding the difference protects you from relying on the wrong professional. A notary is not there to decide whether a document is beneficial to you. Their responsibility is to perform the requested notarial act according to applicable requirements. An attorney, on the other hand, can advise you about the legal consequences of signing a document. This distinction is especially important with documents involving:

• Property

• Financial decisions

• Estate planning

• Business agreements

• Legal rights

• Family matters

When You May Need Both

Some situations involve both a lawyer and a notary. For example, an attorney may prepare an estate planning document and explain it to the client. After the client understands the document and is ready to sign, a notary may be needed to complete the required notarization. The two professionals are performing separate roles. The attorney handles the legal advice and document preparation, while the notary handles the applicable notarial act.

What Should You Ask a Notary?

If you're scheduling a notarization, useful questions include:

• What identification should I bring?

• How many signers will be involved?

• Do I need witnesses?

• Where should the appointment take place?

• How should I prepare for the signing?

• Does the document have a notarial certificate?

These questions relate to the notarization process. For questions about the legal meaning or consequences of your document, contact the person who prepared it or a qualified attorney.

What Should You Ask a Lawyer?

If you are speaking with an attorney about a document, you may want to ask:

• What does this document mean?

• What authority am I giving another person?

• What are my responsibilities?

• What happens after I sign?

• Can I change or revoke the document?

• Are there risks I should understand?

These are legal questions and should be addressed by an appropriate legal professional.

Mobile Notaries Add Convenience

Once your documents are prepared and you're ready to complete the notarization, a mobile notary can make the process easier. Instead of traveling to an office, you can arrange for the notary to meet you at a convenient location.

This can be especially useful for:

• Seniors

• Busy professionals

• Families

• Hospital patients

• Business owners

• Clients with transportation challenges

A notary public and a lawyer may both work with important documents, but they perform very different jobs. If you need legal advice, speak with an attorney. If your documents are already prepared and require a notarial act, a qualified notary can help complete that portion of the process. Knowing the difference can help you get the right assistance when you need it.

Need a Mobile Notary in Illinois?

Once your documents are ready for notarization, Illinois Mobile Notary can come to your home, office, hospital, or another convenient location. Contact us today to schedule an appointment.