Confused about the difference between a notary public and a solicitor?
Can all lawyers provide notary services, and can a non-lawyer be a notary public? What about barristers?
Our experts at MSC Notaries and Solicitors answer all these questions and more.
What is the difference between a notary and a solicitor?
Notary services involve certifying or authenticating a UK document for use abroad or overseas.
If you’re wondering whether you need a notary public or a solicitor to notarise your documents, you’re not alone.
Notaries and solicitors can both provide legal services, but notary services are just one specific part of the legal profession. For example, you can have solicitors who also specialise in probate, or writing wills or contracts, as well as being a notary.
In most cases, a notary public is a fully-qualified lawyer, who has had additional qualifications and training in one area.
Some key differences between a notary and a solicitor are:
- Solicitors refer to a large number of people in the legal profession, notaries are much rarer
- Notaries are concerned with the authenticity of documents, rather than representing a client
- Solicitors are able to help with contentious legal matters, while notaries must be impartial
- Notaries have additional training and background checks, and a certificate of good character
A small percentage of lawyers are also a notary public, but it’s quite rare to be a non-lawyer notary public.
Can any solicitor provide notary services?
No, unless they are both a solicitor and a notary public, and have had the additional training and background checks. For example, you can’t ask a solicitor who specialises in another area of law, such as conveyancing, to notarise documents.
Unless they are also a notary. Madhubala Colwill (also known as Madie) and Simon Vargas-Colwill at MSC Notaries are qualified as both solicitors and notaries. Madie qualified as a solicitor in 2001 and as a notary in 2006. This means that she can notarise documents, but also has extensive experience in a range of private client matters. These include writing and drafting wills, probate and lasting powers of attorney. Simon became a notary in 2018, then qualified as a solicitor in 2019. He can notarise documents, but also specialises in non-contentious probate matters.
Private client services, which deal with legal documents such as wills, use some of the skills you need as a notary. You can be sure that your sensitive paperwork will be treated with the utmost respect and confidentiality.
When working as solicitors, Madie and Simon represent the interests of their clients.
When working as notaries, their chief concern is the authenticity of documents.
What about barristers, can they notarise documents?
If you’re new to legal services, you may not know that lawyers, solicitors and barristers are three different things.
Barristers and solicitors are both types of lawyers.
Solicitors provide legal advice to clients and deal with the paperwork, but will often instruct a barrister to represent their client in court. Barristers will then go to court as client advocates, fighting the case verbally.
It is possible to be trained as both a notary and a barrister, but this is much rarer than being a solicitor and a notary. There are many different paths to becoming a lawyer, so there can be some crossover between barristers, solicitors and notaries.
Can a non-lawyer become a notary public?
You might be wondering if it’s possible to become a notary public without also being a solicitor or barrister.
This depends on the country you live in. For example, in the U.S. notaries are much more common than in the UK. American notaries are known as a ‘notary public’ and serve a different purpose to American lawyers, as they are not qualified to give legal advice. In the United States, a notary is just a notary – their role is restricted to notarising documents and witnessing signatures etc. American notaries do not have as much expertise as UK notaries and their function is very restricted.
In the UK, there are around 800 practicing notaries.
Some of them prefer to work exclusively as notaries, while many combine being a notary with also being a solicitor or barrister. All have had extensive education, legal training, and thorough background checks.
Most people who want to become a notary in the UK are already qualified as a lawyer or plan to be.
However, you can become a notary without being a lawyer first, and with no intention of becoming a lawyer.
There are a small number of non-lawyer notaries in the UK, but they have still had to complete a wide range of academic (studying certain areas covered in a law degree) and professional legal training. They have also:
- Been appointed as an ecclesiastical legal advisor
- Been admitted by the Faculty Office of the Archbishop of Canterbury
- Taken an oath under the Public Notaries Act of 1843
If you need a notary or solicitor for advice about sending documents abroad, contact us here.