Notary And Law Office: Can They Co-Exist?

A notary public is an official witness to the execution of legal documents, including contracts, wills, and oaths. While attorneys and lawyers aren't always notaries, they can sometimes act as one, depending on the state. In some US states, lawyers are commissioned as public notaries and can notarize documents, while in other states, lawyers must be approved as notaries before they can perform notary services. Notaries are generally restricted to their commissioning territory, while lawyers can represent their clients in court proceedings. However, both professions require rigorous schooling and certifications.

Notary vs lawyer: key differences

While attorneys and lawyers aren't necessarily notary publics, they can sometimes act as notaries. In the US, notary laws and rules vary from state to state. A key difference between a notary and a lawyer is that a lawyer can represent their clients in court proceedings, while a notary cannot. A notary public is trained to serve as an official or legal witness to the execution of contracts, wills, agreements, oaths, affidavits, and other legal documents. They are also responsible for receiving and certifying acknowledgements or proof of written instruments such as deeds, mortgages, and powers of attorney.

A lawyer, on the other hand, has the power to act as a notary and can offer legal advice to their clients on financial and legal matters. This is because lawyers are required to complete a higher level of schooling or education than notaries. They can, therefore, represent people in all legal matters, including contentious legal issues and court cases. Notaries, on the other hand, are usually beholden to their commissioning territory and not their employers. However, members of a notary public do undergo rigorous schooling to receive their certifications.

In some US states, lawyers are commissioned as public notaries, which means they can notarize most documents. In other states, only some lawyers choose to become commissioned notaries and cannot notarize documents until their official notary application is approved. To be a notary public, one must be officially sanctioned or mandated by the state before rendering notary services and demanding a fee or notary commission.

It is important to note that an attorney acting as a notary must serve as an impartial witness. Therefore, a lawyer cannot notarize documents if they have a financial or other interest in the transaction.

Can lawyers be notaries?

In the United States, a notary is not a lawyer. A notary's signature does not provide official approval or a rubber stamp of the contents of a document. Instead, their training, duties, and authority are limited to witnessing and extrinsic verification. For instance, a notary can verify that a document is a power of attorney, but they cannot explain or provide advice on the contents of the document. That kind of counsel may only be provided by a licensed attorney.

However, lawyers can sometimes act as notaries. While attorneys and lawyers are not necessarily notary publics, in some US states, lawyers are commissioned as public notaries and can notarize most documents. These lawyers who are also notaries are known as notaries-at-law or civil-law notaries. They can offer legal advice on financial and legal matters alongside notarization services.

It is important to note that notary laws and rules vary from one US state to another. All notaries, including lawyer notaries, must be officially sanctioned or mandated by the state before rendering notary services. There are also restrictions on what documents they can notarize. For example, a lawyer cannot notarize a document in which they are a party or have a beneficial interest. This is because an attorney acting as a notary must serve as an impartial witness.

To summarize, while lawyers can sometimes be notaries, notaries are not lawyers, and their roles and responsibilities differ significantly.

Notary application process

The process of applying to become a notary public involves several steps. The specific process may vary depending on the state and county, but here is a general outline:

• Create a Notary Management Account: It is recommended to set up a notary management account to manage your notary information and create your notary application.
• Complete the Application: Answer the interview questions on the application form. Print the generated PDF application.
• Gather Necessary Signatures: Obtain any necessary signatures, such as endorsers or character references.
• Pay the Application Fee: Submit the application fee, which can typically be paid by credit card, check, or money order. The fee amount may vary depending on the state or county.
• Notarize the Application: Have your signature properly notarized by another notary on the printed application.
• Submit the Application: Mail the completed and notarized application, along with the payment receipt, to the designated notary office or clerk's office.
• Take the Oath: Once your application is approved, contact the specified court (Circuit Court or Clerk of Superior Court) to take the oath of office and get sworn in. There may be an additional fee for this step.
• Purchase a Notary Seal: Acquire a notary seal, which can be a metal emboss type or a rubber ink stamp, from an office supply store or a notary trade association.

It is important to note that the requirements and procedures may differ slightly depending on the state and county in which you are applying. Some states, such as Georgia, offer a web-based notary application process, allowing applicants to submit their information directly online. However, not all counties participate in this process, so it is essential to check with your specific county's requirements. Additionally, in some states, lawyers can act as notaries or choose to become commissioned notaries, but they must ensure their official notary application is approved before providing notary services.

Notary impartiality

The role of a notary public is distinct from that of an attorney or lawyer. A notary is an impartial witness to the signing or authentication of a legal document. They are state-appointed officials who help prevent fraud and ensure that transactions are carried out with the proper documentation and authentication. Notaries are required for many documents, including real estate deeds, affidavits, wills, trusts, and powers of attorney.

In the United States, a notary public is a person appointed by a state government, such as the governor, lieutenant governor, or secretary of state. Their primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, their duties may vary widely from state to state. In some US states, lawyers are commissioned as public notaries and can thus notarize most documents. These professionals can also offer legal advice to their clients on financial and legal matters. However, they cannot provide legal advice if they are not commissioned as notaries, and they can be fined for doing so.

Outside of North American common law jurisdictions, notarial practice is generally restricted to international legal matters or where a foreign jurisdiction is involved. In these cases, almost all notaries are also qualified lawyers. In England and Wales, there is a specific course of study for notaries conducted under the auspices of the University of Cambridge and the Society of Notaries of England and Wales. In other bi-juridical jurisdictions, such as South Africa or Louisiana, the office of notary public is a legal profession with educational requirements similar to those for attorneys.

The role of a notary has a long history, dating back to ancient civilizations such as the Roman Republic and Empire, where they were called scribae or notarii. They were responsible for recording public proceedings, transcribing state papers, and creating official documents. The first recognized notary was Tiro, a Roman servant who developed shorthand for recording speeches.

Notary laws by state

Notarization is a process that authenticates legal documents by having a notary public act as an official witness to their signing. While attorneys and lawyers aren't necessarily notary publics, they can sometimes act as notaries. In the US, notary laws and rules vary from state to state. Here is an overview of some notary laws by state:

Missouri

Missouri law recognizes and accepts online notarizations performed by out-of-state notaries under Chapter 486.775 of the Missouri Revised Statutes. This makes the process more secure and includes sophisticated identity verification, auditable records, and the highest level of document security.

Alaska

Alaska law accepts online notarizations performed by out-of-state notaries under Alaska Stat. § 09.63.050.

Arizona

Arizona notaries can perform online notarizations under Ariz. Rev. Stat. Ann. § 41-263. They also recognize online notarizations performed by notaries from other states under Ariz. Rev. Stat. § 41-259.

Arkansas

Arkansas approved online notary legalization under the Arkansas Code § 21-14-301. They also recognize online notarizations performed by out-of-state notaries under several sections of the Arkansas Code.

California

California signers can access remote online notarization services from another state that offers this service. A notarial certificate from another state is valid in California as long as it complies with the laws of that state.

Colorado

Online notary is legal in Colorado according to amendments to Title 24, Article 21, Part 5 of the Colorado Revised Statutes. They also recognize online notarizations performed by out-of-state notaries under Sections 24-21-511, 38-30-126, and 38-35-105 of the Colorado Revised Statutes.

Connecticut

Online notarization is legal in Connecticut as of June 12, 2023, when the Governor signed Public Act 23-28 (An Act Concerning Remote Notarial Acts). They recognize and accept online notarizations performed by out-of-state notaries under Connecticut General Statutes §§ 1-30, 1-57, 47-5a, and 52-148c.

Delaware

Delaware has authorized remote online notary for Delaware notaries under Title 29 of the Delaware Code § 4320. They also recognize and accept online notarizations performed by out-of-state notaries under Title 29 of the Delaware Code § 4324.

Florida

Online notary is legal in Florida under Chapter 117, Part II of the Florida Statutes. Florida also recognizes and accepts online notarizations performed by out-of-state notaries under Sections 92.50, 695.03, and 90.902 of the Florida Statutes.

Georgia

Georgia does not authorize its notaries to perform online notary services, but it recognizes and accepts online notarizations performed by out-of-state notaries under several sections of the Georgia Code.

Hawaii

Online notary is legal in Hawaii under HI Rev Stat § 456-23.

Washington, D.C.

Washington, D.C. recognizes online notarizations performed by notaries of other states under D.C. Code §§ 1-1231.10, but they have not implemented rules allowing their notaries to perform online notarizations.

General Notary Requirements

In addition to these state-specific variations, there are some general notary requirements that apply across states. These include notary training and/or exam requirements, state notary stamp and seal requirements, notary bond requirements, record-keeping requirements (such as a notary journal), and the need to update any changes in name or address information.

Frequently asked questions