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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.

James Chae

Written by James Chae — Co-Founder, Expert Sapiens

Licensed Attorney (JD)Bar-Admitted Professionals

Platform expertise: Legal services & attorney vetting · Reviewed June 2026

Reviewed by verified attorneys on Expert Sapiens
Licensed AttorneysBar Association Members

Key differences

AspectNotaryAttorney
Primary functionWitness and authenticate signatures; verify identity; administer oathsProvide legal advice, draft legal documents, and represent clients in legal matters
LicensingState-commissioned notary public — typically minimal requirementsLicensed attorney admitted to the bar — JD required, bar exam passed
Legal adviceCannot provide legal advice — doing so would constitute unauthorized practice of lawCore function — advises on rights, obligations, risks, and legal strategy
Cost$5–$25 per notarized document; mobile notaries charge $50–$150 for travel$200–$600+/hour depending on specialty
Document draftingCannot draft legal documents — only witnesses and stamps documents prepared by othersDrafts, reviews, and negotiates legally binding documents

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

Which Should You Choose?

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.

Typical cost

Hourly rate

$150–$500/hr

Wide range reflects specialization — IP and corporate law command higher rates than general advisory

Per session

$200–$750

Typical for a 60–90 minute contract review, legal strategy, or compliance consultation

Project rate

$500–$5,000+

Flat-fee engagements for entity formation, contract drafting, or trademark filings