FAQ

Notary Public vs. Attorney: What's the Difference?

Understand the difference between a notary public and an attorney, and when you need each for your documents.

Can a notary give me legal advice?
No. A notary public is NOT an attorney and cannot give legal advice, explain the legal effect of documents, or recommend whether you should sign. If you have questions about the content of a contract, will, or other legal document, consult a licensed attorney in your state.
Do I need an attorney if I already have a notary?
It depends on the document and your situation. A notary can authenticate your signature but cannot draft documents, review terms, or advise you on legal strategy. For complex matters like wills, trusts, business contracts, or real estate transactions, working with an attorney first — then notarizing the result — is the recommended approach.
Can an attorney also be a notary?
Yes. Many attorneys hold notary commissions in their states, which allows them to both prepare and notarize documents in-house. However, even attorney-notaries must follow notarial law when performing notarial acts — the two roles remain legally distinct.
Is a notarized document the same as a legally binding contract?
Not necessarily. Notarization authenticates signatures; it does not make an otherwise invalid or illegal contract enforceable. A notarized document still must meet all elements of a valid contract (offer, acceptance, consideration, legal purpose, capacity) to be legally binding.
What is an 'unauthorized practice of law' in the context of notarization?
Unauthorized practice of law (UPL) occurs when a non-attorney advises someone on the legal meaning or consequences of a document. Notaries commit UPL if they tell clients what a contract means, recommend how to fill in blanks, or suggest whether to sign. Notaries can confirm the mechanical act of signing is complete but must avoid substantive legal guidance.

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