Not all attorneys are notaries, and not all notaries are attorneys
Being a lawyer and being a notary are two separate credentials. An attorney has studied law, passed the bar exam in their state, and is licensed to practice law. A notary is someone trained to witness signatures and verify identities—a much narrower role that requires no legal background. A person can be one, both, or neither.
Some attorneys do become notaries because the skills overlap slightly and the combination is useful in their practice. But many attorneys never pursue notary certification, and many notaries have no legal training at all. If you need a notary, you cannot assume your lawyer is one. If you need a lawyer, you cannot assume your notary can give you legal information.
Key Takeaways
- Attorneys and notaries are licensed separately; holding one credential does not automatically grant the other.
- Some attorneys choose to become notaries to serve clients more efficiently, but this is optional and not universal.
- A notary cannot provide legal information or represent you in court, even if they are also an attorney.
- When you need a notary, ask directly whether someone holds that credential rather than assuming based on their profession.
- State rules vary on whether attorneys can notarize documents they drafted or have a financial interest in.
Why some attorneys become notaries
An attorney who handles real estate closings, estate planning, or contract work often encounters documents that need notarization. Rather than sending clients elsewhere or waiting for a separate appointment, some attorneys get notary certification so they can handle both tasks in one meeting. This saves time and keeps the work in-house.
The notary training is straightforward—usually a few hours of instruction on how to verify identity, witness signatures, and keep records. Most states charge a modest fee to register as a notary and require renewal every few years. For an attorney already familiar with legal documents and identity verification, the additional training is minimal.
However, many attorneys never bother. Solo practitioners or those in small firms may not see enough notary work to justify the extra credential. Large law firms sometimes employ dedicated notaries on staff instead of having every attorney certified. And attorneys in practice areas like criminal defense or tax law may have no use for notary services at all.
The limits of what a notary attorney can do
Even when an attorney holds both credentials, the two roles have strict boundaries. When acting as a notary, an attorney cannot give legal information, interpret documents, or tell you what you are signing. The notary's job is only to confirm that you are who you say you are and that you signed the document willingly—nothing more.
This separation exists because notaries must remain neutral. If a notary also explained what a contract meant or advised you on whether to sign it, they would no longer be impartial. Many states have rules that prevent an attorney from notarizing a document they drafted or one in which they have a financial stake, precisely to keep the roles separate.
If you need both legal information and notarization on the same document, your attorney can advise you first, then step into the notary role to witness your signature. But they cannot do both simultaneously.
How to learn about your attorney is a notary
The simplest approach is to ask. Call your attorney's office and say, "Is [attorney name] a notary public?" They will tell you yes or no. If yes, ask whether they can notarize the specific document you need—some states restrict what an attorney-notary can notarize, so the answer may depend on the details.
You can also check your state's notary registry if one exists. Some states maintain a public database of registered notaries; others do not. Your state's Secretary of State office or notary licensing board can tell you whether such a registry is available and how to search it.
If your attorney is not a notary, they can usually refer you to one. Many law offices have relationships with local notaries or can direct you to a nearby notary service. Some banks, UPS stores, and title companies also offer notary services at little or no cost.
State rules that affect attorney-notaries
Notary rules vary by state, and some states have specific restrictions on attorneys. A few states prohibit an attorney from notarizing a document they drafted or one related to their legal work. Others allow it but require the attorney to disclose the conflict. Some states have no special rules for attorney-notaries at all.
The fee an attorney-notary can charge also varies. Some states set a maximum notary fee (often a few dollars per signature), while others allow notaries to charge whatever they want. An attorney acting as a notary must follow the state's notary fee rules, not their attorney billing rate.
If you are working with an attorney on a document that needs notarization, ask them about your state's rules. They will know whether they can notarize it themselves or whether you need to go elsewhere.
When you need a notary but not a lawyer
Many notary tasks have nothing to do with law. You might need a notary to witness your signature on a power of attorney, a loan process, an affidavit, or a travel consent form for a child. In these cases, any notary will do—you do not need an attorney.
In fact, using a non-attorney notary can sometimes be better. A notary with no legal background is clearly neutral and has no stake in the document's outcome. They are also usually faster and cheaper than an attorney. If you just need a signature witnessed and verified, a notary public is the right choice.
The only time you might specifically want an attorney-notary is if you also need legal information on the document itself. But remember: the attorney cannot give that information while acting as the notary. You would need to consult them as your lawyer first, then have them notarize afterward.
Frequently Asked Questions
Can an attorney notarize a document they wrote for a client?
It depends on your state. Some states prohibit this to avoid conflicts of interest. Others allow it if the attorney discloses the relationship. Ask your attorney or your state's notary board before assuming it is allowed.
If my attorney is a notary, do I have to use them to notarize my documents?
No. You can use any notary public. Some people prefer to use a neutral third party rather than their attorney, especially if the document involves a dispute or sensitive matter.
Can a notary give me legal information about what I am signing?
No, even if the notary is also an attorney. When acting as a notary, they can only verify your identity and witness your signature. If you need legal information, you must consult them separately as your attorney.
How do I know if someone is a real notary?
Ask to see their notary commission or certificate. A real notary carries proof of their registration. You can also contact your state's Secretary of State office or notary board to verify someone's credentials.
What if I need a notary right away and my attorney is not available?
Many banks, UPS stores, pharmacies, and title companies offer notary services. Some are free for customers; others charge a small fee. An online search for "notary near me" will show local options.