Understanding the distinctions between different legal professions can be challenging, and you may be unsure who you need to speak to. As leading notaries in Gloucestershire, people often ask us what a Notary does, and why you would need to see a Notary instead of a solicitor. While both are legal professionals, their responsibilities, areas of expertise, and authority differ significantly.
What is a Notary Public?
A notary public is a legal professional who is authorised to certify, authenticate, and witness documents for use in legal matters, particularly those involving international transactions.
Notaries in England and Wales are much less common than solicitors, with only around 770 practising notaries! They undergo specialised training beyond their initial legal qualifications, and their role requires strict independence from the parties involved in a transaction.
Why would you need to see a Notary Public?
While solicitors are usually able to certify documents for use within England and Wales, Notaries are required when dealing with international matters, for example:
For Individuals:
- Buying or selling property abroad
- Providing proof of life to receive a foreign pension
- Authenticating academic degrees or professional certificates for overseas employment
- Giving parental consent for a child to travel
- Sponsoring family or friends for UK visas
- Making arrangements to marry abroad
For Businesses:
- Confirming the existence of a company and verifying the authority of its representatives
- Validating a Power of Attorney for use overseas
- Asserting trademark and intellectual property rights in foreign jurisdictions
- Certifying product compliance documents
- Notarising contracts to ensure they are legally effective internationally
Notaries are typically involved in tasks such as:
- Verifying the identity of signatories on important documents
- Certifying true copies of documents
- Witnessing the signing of legal agreements
- Preparing notarised documents for international use
A notary’s seal and signature are recognised internationally, making their services essential for cross-border legal matters.
What is a Solicitor?
A solicitor is a legal professional who advises and represents clients in legal matters within the UK and overseas. They provide expert guidance on a wide range of legal issues, from property transactions to employment disputes, family law matters, and commercial contracts.
Solicitors typically work on:
- Drafting and reviewing legal contracts
- Providing legal representation in disputes and negotiations
- Advising on wills, probate, and estate planning
- Handling conveyancing (property transactions)
- Assisting with business law and employment matters
Unlike notaries, solicitors usually act on behalf of a client, offering legal advice and representation tailored to their best interests. While solicitors play a role in domestic legal matters and may advise on international law, they do not generally authenticate documents for international use - this is where notaries step in.
When Should You Use a Notary Instead of a Solicitor?
If your legal matter involves documents being sent abroad or requires international recognition, you will likely need a notary rather than a solicitor. However, for UK-based legal issues: such as buying a house, settling a dispute, or writing a will, a solicitor is the appropriate professional to consult.
Understanding the distinction between a notary and a solicitor ensures that you engage the right legal expert for your needs. If in doubt, consulting a solicitor can often be a good first step, as they may be able to direct you to a notary if necessary.
For more information or to schedule an appointment, call us on 01242 235202 or email us today