Quick Answer:
- Not automatically. An attorney becomes a notary only by completing a separate notary public certification process. State requirements on this vary. Even a licensed attorney-notary faces limits. Conflict of interest rules block them from notarizing documents they drafted or have a financial interest in. NotaryLive, a remote online notarization platform, gives clients a fast alternative when their attorney cannot notarize a document.
Key Takeaways
- Not all attorneys are notaries. Becoming a notary public typically requires a separate application process, and in most states, passing an exam or completing training.
- An attorney who is also a notary cannot notarize documents that create a conflict of interest. A financial stake in the transaction is one common example.
- NotaryLive, a remote online notarization platform, connec
What is a notary public? This state-authorized official verifies identities, witnesses signatures, applies a notary seal, and administers oaths. This work helps prevent fraud in legal documents. Only a person with an active state commission can perform notary duties. An attorney is a different kind of legal professional. Attorneys give legal advice, represent clients, and draft legal documents.
Some attorneys hold both credentials. Whether a specific attorney is also a notary depends on their state. It also depends on whether they completed the separate steps required to become a notary public.
How Do You Become a Notary Public?
The exact steps for how to become a notary public vary by state. Most states require notary applicants to be at least 18 years of age. Most also require a background check and, in some states, an exam or training course.
Texas, Florida, California, Georgia, and Ohio each maintain their own notary commissioning rules. Each state manages notary public certification through its own Secretary of State’s website.
Many attorneys pursue a notary commission specifically to serve their law firm’s needs. Holding both credentials lets an attorney notarize a client’s document without referring the client to separate notary services.
Can an Attorney Notarize Any Document?
Yes, but with limits. An attorney with an active notary commission can notarize documents. The same notary law that applies to any other notary public applies here too. That means verifying the signer’s identity, confirming the signer understands the document, and witnessing the signer sign the documents.
The limits come from conflict of interest rules, not from legal training. The Ohio Revised Code defines a notary conflict of interest two ways. A notary has a direct financial interest in the transaction, or is named as a party to it. See the full statute at Ohio Revised Code Section 147.141 for the exact legal language.
An attorney may draft a document and also stand to benefit from it. Notarizing it themselves creates exactly this kind of conflict.
When Can an Attorney Not Notarize a Document?
The California Secretary of State’s Notary Public Handbook confirms this rule. A notary cannot notarize a document with a direct financial or beneficial interest in it. This rule applies to attorney-notaries the same as any other notary public in the United States.
A notary’s core duty is to act as an impartial witness. Common examples of a conflict include:
| Situation | Why It’s a Conflict |
|---|---|
| Attorney is named as a beneficiary in a will they drafted | Attorney has a direct interest in the document’s outcome |
| Attorney holds a financial stake in a business transaction they are notarizing | Attorney benefits financially from the transaction |
| Attorney is a party to the document being signed | Attorney cannot remain an impartial witness |
When any of these situations apply, the attorney should step aside. They should refer the client to a separate, independent notary instead.
Do State Rules for Attorney-Notaries Vary?
Yes. Some states allow attorneys to become notaries automatically upon bar admission. Other states require attorneys to complete the same application process and exam as any other applicant. Always confirm your state’s specific rules before assuming your attorney can notarize a document for you.
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.
This post was written by the NotaryLive editorial team.
Frequently Asked Questions
Are all lawyers notaries?
Not all lawyers are notaries. A lawyer’s ability to notarize depends on additional credentials.
Can a lawyer be a notary?
Yes, a lawyer can become a notary with the appropriate application and approval process.
Can an attorney notarize a document for a client?
In some states, yes, but it requires care to avoid conflicts of interest.
