NOTARIES AND ATTORNEYS
Notaries and Attorneys: What's the Difference?
Notaries and attorneys both work with legal documents, but their roles are very different. Knowing which one you need saves time and protects you.
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THE SHORT ANSWER
Notaries verify. Attorneys advise.
Some attorneys are also notaries, but most notaries aren't attorneys.
- Notaries verify identity and witness signatures
- Attorneys give legal advice and draft documents
- Notaries can't explain a document's legal effect
- We work alongside many law firms
Side by side
| Notary public | Attorney | |
|---|---|---|
| Main role | Impartial witness: verifies identity and willingness, witnesses signatures, administers oaths | Advises clients, drafts documents and represents them |
| Legal advice | Not allowed | Yes |
| Drafting documents | Not allowed | Yes |
| How they qualify in Massachusetts | Appointed by the Governor for 7 years. No exam for a traditional commission. | Law degree and the bar exam |
| Can be both? | Yes. Many attorneys are also notaries. |
When you need each
You need a notary when…
Your document is ready and just needs your signature verified, or you need an oath or affirmation administered.
You need an attorney when…
You need to know which document to use, what it means, or how it affects your rights.
You may need both when…
Your attorney prepares estate, real estate or court documents and asks you to sign them before a notary.
We work alongside law firms
Boston law firms rely on us for mobile signings, hospital visits, apostilles and translations, following their signing instructions.
What a notary can do for you
A notary public is an impartial witness appointed by the Commonwealth. When you sign in front of a notary, they confirm three things: that you are who you say you are, that you understand you’re signing, and that you’re signing willingly. Then they complete the notarial certificate and apply their seal.
- Acknowledgments for deeds, powers of attorney and many business documents
- Jurats for affidavits and sworn statements, where you swear or affirm the contents are true
- Oaths and affirmations administered aloud
- Signature witnessing and certified copies of certain documents
What a notary can’t do
Because a notary is not acting as your lawyer, Massachusetts notaries can’t:
- Tell you which form to use or how to fill it in
- Explain the legal effect of a document or whether it protects you
- Draft a will, trust, contract or power of attorney
- Notarize a document with blank spaces, or for a signer who doesn’t appear in person
- Notarize for close family members or when they have a personal interest in the document
If you have questions like these, the attorney or organization that prepared your document is the right place to ask. We are always glad to wait while you contact them.
Notarios, immigration documents and why the difference matters
In many Latin American and European countries, a notario is a trained legal professional. In the United States, a notary public is not. A U.S. notary can’t give legal or immigration advice, prepare immigration forms for you or represent you before any agency. If someone offers to do that and isn’t an attorney or an accredited representative, exercise caution.
We can notarize your signature, provide certified translations and handle apostilles for documents going abroad, all clearly and impartially.
How we work with attorneys
Many of our clients come to us through Boston law firms. Attorneys send their clients’ documents, signing instructions and any witness requirements, and we handle the appointment at the client’s home, office, hospital or care facility. We follow the firm’s instructions exactly, return originals the way the firm prefers and scan copies when asked. See Law Firm Services.
Frequently asked questions
Can a notary help me fill out my form?
A notary cannot choose your answers or tell you what to write, because doing so would constitute legal advice.
Is a "notario" the same as an attorney?
No. In some countries a notario is a legal professional, but a U.S. notary public is not and can't give legal or immigration advice.
Do you work with attorneys?
Yes. See Law Firm Services.
Need a notary for your legal documents?
Tell us the document and where to meet.