You probably know that a solicitor is a legal professional, but you might not understand what exactly they can do. Many of our clients ask us about this role and when you need a solicitor vs. a notary. There is a lot of crossover between the two roles, for example both can witness your signature or administer an oath, but there are also some key differences.
In this blog post, we’ll explain the meaning of ‘solicitor’, the difference between a solicitor and a notary, and which legal professional you should go to in each circumstance.
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What is a Solicitor?
A solicitor is a type of legal professional in the UK who represents clients by taking instructions and providing legal advice. Solicitors often handle matters such as wills, contracts, and property transactions and can also represent clients in court.
In England and Wales, a solicitor is regulated by the Solicitors Regulation Authority and can assist with both contentious and non-contentious legal matters. If your solicitor has Higher Rights of Audience, they can advocate in the senior civil or criminal courts throughout England and Wales.
Solicitor Meaning
The term ‘solicitor’ has a few related meanings, but in a legal context, particularly in the UK and some other Commonwealth countries, it refers to a type of lawyer.
The key duties of a solicitor:
- They provide legal advice on various matters, from personal issues like divorce to business-related concerns like contracts.
- Solicitors prepare and review legal documents, such as wills, deeds, and contracts.
- They represent clients in negotiations, mediation, and in certain courts.
- They act as the primary point of contact for their clients, guiding them through legal processes.
Notary Meaning
A notary (or notary public) is a legal professional authorised to provide notarial services to the public. Notarial services involve the authentication and certification of documents for use abroad. This usually consists of verifying signatures, authenticating documents, and administering oaths and declarations.
Many notaries are also practising solicitors, however some operate only as notaries. A notary is regulated through the Master of the Faculties, and in this role they are entitled to handle non-contentious legal matters in addition to notarial services.
Certain functions provided by a notary:
- They verify the authenticity of documents and produce notarial certificates which communicate to parties overseas that the document is genuine.
- Notaries certify copies of original documents as true and accurate.
- They can administer oaths or affirmations, which are often required for affidavits or other legal statements.
- Notaries act as impartial witnesses to the signing of important documents, such as contracts, deeds, or powers of attorney.
- They provide a duty of care to persons in all jurisdictions who may place legitimate reliance on their notarial acts.
The Difference Between a Solicitor and Notary
Solicitors and notaries are both legal professionals involved in the handling of documents. A solicitor represents the client in various legal matters whereas a notary’s job is to authenticate documents, usually for international use.
Legalisation of Documents
A solicitor will prepare and handle many documents on behalf of a client, but if you need to use the document abroad, it should be verified by a notary public. This is a simple process called notarisation. You may also need an apostille for your document, but the notary can handle the entire process.
Client Representation
If you’re looking for someone to represent you in a legal or business matter, you should seek out a solicitor who specialises in that practice area. A notary is entitled to assist with non-contentious legal matters, however many notaries will only provide notarial services.
Administering Oaths
Both solicitors and notaries are Authorised Persons to act as Commissioner for Oaths. If you’re making an affidavit or statutory declaration, you’ll need one of these professionals to witness your statement. The Commissioner for Oaths must be independent of the matter in question, so you cannot go to a solicitor who is representing you.
Solicitor Vs. Notary
If you need someone to witness an oath or declaration, you might wonder who is best to go to: a solicitor or a notary.
If the oath or declaration is needed for UK domestic matters, either a solicitor or notary will be fine. If it relates to a matter outside of the UK, a notary public will be required. There are many more solicitors than notaries, and it may be easier to find a local solicitor, however if you have been asked to get notarisation done, you will need a notary public.
What Notary.co.uk Can Do For You
As one of the oldest notary firms in London, our team of professionals offer advice backed with years of experience. We know what needs to be done, and can provide you with quick and efficient notarisation, legalisation and administering of oaths.
Find out more about our Commissioner for Oaths services
If you need notarisation, an apostille or a Commissioner for Oaths, we’d love to help. Visit our office in London Victoria or Canary Wharf, call 020 7630 1777, or get in touch via the form below!