When it comes to getting a document legalised, the first step is often to get it authenticated by either a solicitor or a notary public. However, there are subtle differences between the roles of notaries and solicitors that may determine whether your document will be accepted in the receiving institution or not. While these two options are very similar in what they do, they are not necessarily interchangeable. In this article, we will explore the differences between a solicitor and notary public.
Firstly, let’s take a look at what distinguishes a solicitor and a notary public in terms of duties and responsibilities.
Solicitor
On the one hand, a solicitor is a practitioner of law who specialises in the preparation of legal documentation (amongst other things). They are different from barristers in that the bulk of their work centres around advising in legal matters, as well as drafting and reviewing legal documents. Being experts in paperwork, solicitors are qualified to certify the legality of certain documents. The solicitor’s certification stamp means that they have seen the original document and attests that the copy is true to the original.
Notary Public
On the other hand, a notary public is “an officer of the law who holds an internationally recognised public office”. They are often solicitors that have taken an extra step to become notaries; however, that is not always the case. Notaries public work within in a broad range of legal matters and are in especially high demand when it comes to foreign documentation and proceedings. The notary’s main focus is to assist in legal matters outside of the United Kingdom, as well as act as a witness in the signing of official documents. They are, for the most part, the first legal point of contact of anyone who has any business abroad, whether personal or professional. The notarial stamp means that the contents of the document presented to him are true and legitimate.
What’s the Difference?
While the solicitor and the notary public have different areas of focus, they can both perform the act of authenticating true copies of legal documents for a private party. Solicitors and notaries are also both able to administer certain oaths, and witness signatures, although in general notaries have a broader scope when it comes to witnessing signatures and verifying identities. In most cases, choosing between a solicitor certification and an act of notarisation depends primarily on what you need the document for and which country you are sending it to.
There is a fairly steep gap between the fees of a solicitor and those of a notary public, hence why it is important for you to figure out what you are looking for and be certain you are taking the right steps. Some institutions abroad might not accept a document that has only been certified by a solicitor. As a rule of thumb, the institution that needs your document authenticated will make it clear if they need the document notarised by a notary public; if not, usually, a solicitor certification would suffice. As examples, a notary sees a lot of Powers of Attorney, whilst a solicitor can certify copies of birth certificates, passports, and the likes.
If you need guidance about what to choose and need help finding a solicitor or a notary, we would be happy to help! Don’t hesitate to drop us a message.