A notary is also a lawyer
Who is a notary and who is an attorney?
Both notaries and attorneys are legally qualified professionals with knowledge of the law.
An attorney represents a client in contentious proceedings, just as probate proceedings are characteristic of a notary.
A notary represents a client in non-contentious proceedings, and legal issues affecting families are the most typical matters they deal with.
They have similar powers, but differ in their focus and specialisation.
A notary, under the Notarial Code, draws up and issues instruments concerning legal acts, certifies legally significant facts, conducts proceedings concerning notarial deposits and performs acts relating to notarial central registers. In connection with the performance of notarial activities, a notary may also provide legal advice to natural persons and legal entities, draw up other documents, administer their property and represent them in connection with the administration of their property. Other notarial activities include vidimation—certifying the accuracy of a copy of a document—as well as certifying that a person is alive. A declaration of acquisitive prescription of ownership of immovable property or of a right corresponding to an easement is certified in the form of a notarial deed.
If there is a way to prevent a dispute, or if someone is unsure whether a dispute can be prevented, they should first consult a notary. A notary is also a State-appointed independent mediator and arbitrator of agreements. Their role is to provide the client with legal advice on the matter and try to bring the opposing parties to an agreement or compromise that satisfies both sides. If this is not possible, the notary will recommend that the client apply to a court or, if the client needs legal assistance before the court, consult an attorney.
The practice of law, that is, the field in which an attorney operates, includes representing clients in proceedings before courts, public authorities and other legal entities; defending clients in criminal proceedings; providing legal advice; drawing up instruments concerning legal acts; preparing legal analyses; administering clients’ property; and other forms of legal advice and assistance.
Who can help you?
- If I need an agreement drawn up, I go to: an attorney or a notary
- If I need representation at a court hearing, I go to: an attorney
- If I need a defence in criminal proceedings, I go to: an attorney
- If I want to avoid lengthy court proceedings, I go to: a mediator or an arbitrator
- If a debtor refuses to pay me money despite a court having awarded it to me in a payment order, I go to: a court enforcement officer
- If I want to file a criminal complaint, I go to: a prosecutor or a police officer
- If I need legal advice but cannot afford it, I go to: the Legal Aid Centre
- If I need to have the authenticity of a signature or photocopy certified, I go to: a notary or a municipal registry office.
