Notary vs Lawyer: Roles, Responsibilities and Legal Importance

In India, legal matters often involve both notaries and lawyers, yet their roles are very different. A notary is a government-appointed official responsible for verifying, witnessing, and authenticating documents, while a lawyer advises clients, drafts contracts, and represents them in court. Understanding who to approach ensures smoother handling of property transactions, agreements, and disputes, preventing errors and legal complications. This guide highlights the responsibilities and authority of each professional.

Who is a Notary?

A Notary Public in India is a qualified legal professional appointed by the Central or State Government under the Notaries Act, 1952. The primary function of a notary is not to give legal advice but to act as an impartial official witness. Their main roles include attesting to the authenticity of signatures on documents, certifying copies of original documents as true, administering oaths for affidavits, and authenticating various legal and business instruments to deter fraud. [1]

Who is a Lawyer?

A lawyer, formally known as an Advocate in India, is a person who holds a law degree and is enrolled with a State Bar Council under the Advocates Act, 1961. The primary role of a lawyer is to provide legal advice and act as a representative, or advocate, for their client's interests. This involves drafting legal documents, such as contracts, representing clients in court proceedings (litigation), negotiating settlements, and providing strategic guidance on a wide range of legal issues, from family disputes to corporate law. [2]

Key Difference Between Notary and Lawyer

Understanding the fundamental distinctions between these two roles is essential before seeking legal services. This table provides a clear comparison of their functions and authority.

When Should You Approach a Notary?

• You should approach a Notary Public when your primary requirement is the authentication or official validation of a document, not legal advice on its contents. 
• A notary's role is to act as an impartial government-appointed witness to deter fraud.
• Typical scenarios where you would need a notary include getting an affidavit sworn, certifying a copy of an original document (like a passport or degree certificate) as a "true copy," executing a Power of Attorney, or witnessing the signing of a rental agreement or a simple contract. The notary’s seal and signature provide an official verification that the identified person signed the document.

When Should You Approach a Lawyer?

In case of understanding legal rights and obligations or needing someone to speak for you in a legal capacity, a lawyer is the appropriate professional.

• You should approach a lawyer when you require expert legal advice, strategic guidance, or representation. A lawyer's duty is to protect your interests and advocate on your behalf. 
• Consult a lawyer for situations such as drafting or reviewing a complex contract (like a property sale deed), if you are involved in a legal dispute that might go to court, for matters of family law like divorce or inheritance, or if you are facing criminal charges.

Can a Lawyer Be a Notary?

Yes, a lawyer can become a Notary Public, but it is not an automatic designation. In India, there is a specific process and eligibility criteria for a lawyer to be appointed as a notary. 

• An advocate must have a minimum number of years of legal practice (typically ten years, or seven for women and reserved categories) to be eligible to apply to the government for a notary commission. 
• If their application is approved, they are then authorised to perform notarial acts. Therefore, while many notaries are experienced lawyers, not every lawyer is a notary. 
• This distinction is crucial; a lawyer cannot perform a notarial act unless they have been specifically appointed as a Notary Public by the government.

How Can NoBroker Notary Services Help?

Navigating the requirement for notarised documents, such as rental agreements or affidavits, can be a time-consuming process. NoBroker simplifies this by offering convenient notary, legal documentation and affidavit services. We can assist in drafting legally sound contracts and getting them notarised by qualified professionals, all through a streamlined process. This ensures your documents are legally compliant and authenticated without the hassle of finding a notary on your own, making processes like finalising a lease agreement smooth and efficient.