KEY TAKEAWAY
- Not all attorneys are notaries; their ability to notarize depends on state regulations and credentials.
- An attorney can notarize documents but must avoid conflicts of interest if they prepared the document.
- Online notarization services, like NotaryLive, offer convenient alternatives for clients needing notarization without in-person visits.
Attorneys and notaries play crucial roles in the legal system. They often intersect, leading to questions about their dual functions.
Can an attorney notarize a document? This is a common query among clients seeking legal services.
Understanding the roles of a lawyer and notary public is essential. It helps clarify whether attorneys can act as notaries.
Not all lawyers are notaries, but some can be. This depends on jurisdiction and specific skills.
This article explores the dual roles of attorneys and notaries, shedding light on their legal implications.
What’s the Difference Between an Attorney and a Notary?
Attorneys and notaries both serve important purposes in the legal world, but their jobs aren’t the same.
A lawyer is trained in law, represents clients, and provides legal advice.
A notary public is authorized by the state to verify identities, witness signatures, and help prevent fraud in legal documents.
Some attorneys are also notaries, but it depends on their state’s requirements.
What Does an Attorney Do?
Attorneys work as both advisors and advocates. They might:
- Represent clients in court
- Draft legal contracts, wills, or other documents
- Negotiate settlements
- Explain clients’ rights and responsibilities
Lawyers guide clients through complex situations and make sure legal processes are followed correctly.
Why Attorneys May Also Function as Notaries
Many lawyers get their notary commission to make their work more efficient.
For example, an attorney who’s also a notary can quickly verify and notarize a client’s document without sending them elsewhere.
In fact, many professionals obtain a notary commission simply to serve their workplace needs. a National Notary Association survey found that most notaries originally got commissioned to notarize documents for their employer.
Attorneys who become notaries are following a well traveled path, leveraging dual roles to streamline client serviceIn some states, attorneys automatically qualify as notaries. In others, they must still complete a notary application, pass an exam, or meet training requirements.
Can Attorneys Notarize Any Document?
Yes, but with limits.
An attorney who is a licensed notary can notarize documents as long as:
- They verify the signer’s identity using proper ID
- The signer is willing and understands the document
- The document’s purpose is legal
However, there are ethical concerns if the lawyer also prepared the document.
Can a lawyer notarize a document they drafted?
This is where it gets tricky.
Even if it’s legal in your state, it can raise conflict of interest concerns.
To stay compliant, many attorneys either:
- Disclose the potential conflict to the client
- Use a third-party notary for impartiality
State-Specific Regulations
Notary laws vary by state:
- Some states: Attorneys automatically become notaries upon bar admission.
- Others: Attorneys must apply, pass a notary test, or complete training.
Always check your state’s notary commission rules before assuming your attorney can notarize.
**California law forbids a notary from notarizing any transaction in which they have a direct financial interest.
How NotaryLive Makes It Easier
Even if your attorney can’t notarize something for you, you don’t have to hunt down an in-person notary.
With NotaryLive, you can get documents notarized online, fast, securely, and legally.
Benefits include:
- Remote access via video call
- Compliance with state RON (Remote Online Notarization) laws
- Convenience from anywhere, home, office, or on the go
- Faster processing (online notarization can close deals up to 20% faster on average)
As of 2024, 47 states have enacted RON laws, making online notarization a mainstream, legally accepted option.
About NotaryLive
NotaryLive is a leading provider of digital notarization and eSign solutions, dedicated to enhancing business efficiency through a secure, user-friendly platform that prioritizes understanding and meeting customer needs. By offering innovative tools for electronic signatures and online notarization, NotaryLive empowers professionals to manage documents easily, anywhere, any time.
Frequently Asked Questions
Q: Are all lawyers notaries?
A: Not all lawyers are notaries. A lawyer’s ability to notarize depends on additional credentials.
Q: Can a lawyer be a notary?
A: Yes, a lawyer can become a notary with the appropriate application and approval process.
Q: Can an attorney notarize a document for a client?
A: In some states, yes, but it requires care to avoid conflicts of interest.
