When it comes to legal services in British Columbia, many people wonder about the difference between a lawyer and a notary public. While both professionals play important roles in legal matters, their education, scope of practice, and approach to law differ significantly. If you’re in Victoria, BC, and need help with real estate transactions, estate planning, or notarization, understanding these differences can help you determine whether a notary, like those practicing at Carter Notary, or a lawyer is the right choice for your needs.
Education and Training
The distinction between a lawyer and a notary public in British Columbia begins with their education. Lawyers undergo extensive legal education, completing an undergraduate degree followed by a three-year Juris Doctor (JD) program at law school. After law school, they must pass the bar exam and complete articling (a period of supervised practice) before being called to the bar.
Notaries public in BC, on the other hand, must become a member of the Society of Notaries Public of British Columbia (the Society). To be admitted as a member, they are required to complete the Notary Education Program (NEP) offered by the Society. This is an extensive professional training program which includes obtaining a Master’s Degree in Applied Legal Services from Simon Fraser University. Beverly Carter, founder of Carter Notary, is a Professional Member of Society of Notaries Public of BC.
Additionally, BC notaries are heavily vetted for their ethics and their commitment to their communities. They are known for their integrity and trustworthiness, ensuring that their clients receive sound legal advice within their designated areas of practice.
Areas of Practice is a Difference Between a Lawyer and a Notary Public
One of the most notable differences between lawyers and notaries in BC is the scope of legal services they provide. Lawyers are not restricted in the areas of law they can practice. Their education first provides generalist training, and they later narrow their scope to practice in areas such as criminal, family, corporate, or employment law.
Notaries public, on the other hand, focus on specific non-contentious legal matters. Their practice is centered around what is often called “happy law,” meaning they deal with transactions and agreements that are straightforward and beneficial to all parties involved. The main areas that notaries handle include:
- Real Estate Transactions – Notaries assist with buying, selling, and refinancing real estate, along with other land title matters. They prepare and verify the necessary legal documents, ensuring compliance with property laws and regulations in BC.
- Wills and Estate Planning – Notaries help clients draft legally binding wills, ensuring that their final wishes are clearly outlined and legally recognized. They also prepare Powers of Attorney, Health Representation Agreements, and Advanced Healthcare Directives to help individuals plan for their future.
- Notarization of Documents – A traditional function of notaries is authenticating documents for both domestic and international use. They witness signatures, certify true copies of original documents, confirm identities, and take oaths and declarations.
Carter Notary provides educational, non-judgmental help for all of these services.
Lawyers, by contrast, can provide additional services, such as representing clients in court, handling divorce or family disputes, and advising on complex legal matters that may require litigation. If you need legal representation in a lawsuit, you’ll need to consult a lawyer rather than a notary.
The Value of a Notary Public
Notaries in BC provide an essential service by making legal processes more accessible and efficient. Since they specialize in non-contentious legal matters, they can offer cost-effective solutions for common legal needs. Many people prefer working with a notary for real estate transactions or estate planning because notaries tend to have a straightforward, client-focused approach.
Unlike lawyers who may handle a wide range of legal disputes, notaries focus solely on transactional matters. This means that their clients benefit from expertise in these specific areas, as well as a streamlined process that avoids unnecessary complications.
Another key advantage of working with a notary is their commitment to community service and ethical practice. The Society of Notaries Public of BC holds notaries to high ethical standards, ensuring that they act in the best interests of their clients at all times.
Do You Need a Lawyer or a Notary?
If you have a legal need, it’s essential to know the difference between a lawyer and a notary public. If you’re unsure whether you need a lawyer or a notary, consider the nature of your legal issue:
- If you are involved in a legal dispute, facing criminal charges, or require representation in court, you need a lawyer.
- If you need assistance with a real estate transaction, drafting a will, or notarizing documents, a notary public is the right professional to contact.
To view a short, informational video on Beverly’s explanation between a lawyer and a notary public, please watch this.
Why Choose Carter Notary?
At Carter Notary in Victoria, BC, we provide professional, efficient, and ethical notarial services. Our team specializes in real estate law, estate planning, and document notarization, carefully and accurately handling your legal matters.
Whether you need assistance with purchasing a home, drafting a will, or notarizing an important document, Carter Notary is here to help. We take pride in making the legal process straightforward and stress-free for our clients.
Now that you know the difference between a lawyer and a notary public, contact Carter Notary today to find out how we can assist you with your real estate, notarization, and estate planning needs. Let us help you get your documents done properly, ensuring peace of mind for you and your loved ones. We work to earn your stamp of approval.