Lawyer v Notary Public: Dispelling the Myths

People are often unsure whether they require the services of a Notary Public or a Lawyer. In BC, all practicing lawyers may exercise all the powers, rights, duties and privileges of the office of notary public.

Unlike lawyers, notaries are unable to represent clients in court, get involved in litigation and are restricted to non-contentious matters. Notaries may only provide legal advice on certain types of matters; for instance they may not provide services related to family law issues, may not draft wills which create trusts for beneficiaries to receive their entitlement after the age of majority, and may not prepare applications to probate a will.

Another notable difference is that Lawyers must obtain two university degrees; an undergraduate and a law degree. Notaries are not required to have a law degree.

Your most important consideration should be experience and expertise in the services you require. A law firm which specializes in wills and estates law is more capable to handle your will than a notary which specializes in real estate conveyancing and only dabbles in drafting wills.

It is a common a misconception notaries charge less than lawyers’ similar services. We aggressively price our notary services as a way to bring in a large quantity of customers. The benefit to us is we have a high rate of return and customers often become clients when they require other legal services.

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