Comparison
Notary vs. Attorney: What's the Difference?
Quick answer
A notary public is a state-commissioned official authorized to witness signatures, verify identities, and administer oaths — but cannot provide legal advice or draft legal documents. An attorney is a licensed lawyer who can advise on legal matters, draft documents, represent clients in disputes, and take legal action on their behalf. Notaries authenticate; attorneys advise. Many documents require both a notary's stamp and an attorney's drafting expertise.
Written by James Chae — Co-Founder, Expert Sapiens
Key differences
When to choose Notary
- You need a document notarized — a deed, power of attorney, affidavit, or contract — that has already been prepared
- You need an official witness to verify that signatures are authentic
- You need an apostille or official certification for international document use
- The task is purely authentication — no legal advice is needed
- You need a notary for a routine transaction: loan documents, real estate closing, or identity verification
When to choose Attorney
- You need legal advice on whether to sign a document, what it means, or what rights it creates
- You need a contract, will, trust, or other legal document drafted or reviewed
- You are in a legal dispute and need someone to represent your interests
- You need to understand your legal obligations or rights in a situation
- You are making a significant legal or financial decision and want professional guidance
Bottom line
A notary public and an attorney serve entirely different functions — one authenticates, the other advises. Many situations require both: an attorney drafts the will, and a notary witnesses its signing. Never rely on a notary for legal advice, and never assume a notarized document is legally sound without proper legal drafting. When legal consequences are involved, start with an attorney.