Both notary publics and attorneys in Massachusetts are authorized to notarize important legal documents. However, there are key differences in their roles and qualifications. Notaries public are commissioned by the Secretary of the Commonwealth to serve as impartial witnesses, verifying identities and signatures on documents like deeds, mortgages, and affidavits.
To become a notary, one must complete an application, pay a fee, and pass an exam demonstrating knowledge of notarial laws and procedures. Notaries are authorized statewide but cannot provide legal advice, serving an administrative function. The application process is more straightforward compared to becoming an attorney.
Attorneys can also notarize as long as they are licensed to practice law in Massachusetts. However, attorneys undergo extensive education and licensing requirements beyond notaries. In addition to notarizing, attorneys can represent clients, prepare complex legal documents, and offer counsel on matters like real estate, wills/trusts, and contracts.
While notaries simply verify identities and signatures, attorney-notaries can explain legal implications and ensure all details are properly addressed using their legal expertise. Attorneys must graduate law school, pass the bar exam, and maintain good standing.
For routine notarizations, a notary public through a service like Boston Mobile Notary is sufficient and more affordable. However, for specialized legal documentation, an attorney-notary's expertise provides valuable guidance on applicable laws and any issues within documents.
Both roles serve to properly execute important paperwork. However, notaries and attorney-notaries differ in their qualifications, scope of authorized duties, and ability to provide legal counsel or representation. Understanding these distinctions helps determine the appropriate choice for various notarization needs.