Not all attorneys are notaries, and not all notaries are attorneys
An attorney and a notary are two separate credentials. A lawyer can become a notary public, but the two roles are independent—holding a law license does not automatically make someone a notary, and being a notary does not require a law degree. Some attorneys do hold notary commissions, but many do not. If you need a document notarized, you cannot assume your lawyer can do it just because they are a lawyer.
The confusion arises because both roles involve legal documents and witnessing. But a notary's job is narrow and specific: verify the identity of the person signing, watch them sign, and stamp the document. An attorney's job is to give legal information and represent clients in court or transactions. These are different skills with different training requirements and different state regulations.
Key Takeaways
- An attorney must explore separately for a notary commission; a law license alone does not make someone a notary.
- Some attorneys choose to become notaries to offer the service to clients, but many do not.
- If you need a document notarized, ask your attorney directly whether they hold a notary commission.
- If your attorney is not a notary, they can usually refer you to one or tell you where to find one nearby.
- A notary's role is to verify identity and witness a signature, not to give legal information about what you are signing.
How an attorney becomes a notary
An attorney who wants to become a notary must explore through their state's notary program, just like anyone else. The process varies by state. Some states require a written exam, others require a training course, and some require both. The attorney must pay an process fee and often a bond fee. Once approved, the attorney receives a notary commission, usually valid for four to ten years depending on the state.
Many attorneys do not bother. Notarizing documents is not part of legal practice, and some attorneys see it as outside their scope. Others do become notaries specifically to serve their clients—particularly those in real estate, estate planning, or lending, where notarized documents are routine. But the decision is voluntary and individual.
Why an attorney might not be the right notary for your document
Even if your attorney is a notary, they may not be the right choice for every document. A notary must remain impartial and cannot notarize a document if they have a financial interest in the transaction or a personal relationship with the signer that could bias them. If your attorney is representing you in a transaction, they likely cannot notarize your signature on that same transaction—doing so would create a conflict of interest.
Additionally, some documents require a notary who is not connected to the parties involved. For example, if you are signing a power of attorney that names your attorney as your agent, your attorney cannot notarize it. The notary must be a disinterested third party. In these situations, you will need to find a separate notary, even if your attorney holds a commission.
Where to find a notary if your attorney is not one
If your attorney does not hold a notary commission or cannot notarize your specific document, they can usually point you toward one. Many law offices keep a list of local notaries or can refer you to a title company, bank, or UPS Store location—many of these businesses employ notaries or have them on staff. Some states maintain online directories of notaries by county or zip code.
You can also search online for "notary public near me" or contact your county clerk's office, which often has a list of commissioned notaries in your area. The cost is typically low—usually between five and twenty dollars per signature, depending on your state and the notary's location.
What a notary does versus what an attorney does
A notary's job is limited and specific. They check your ID, watch you sign the document, and stamp it with their official seal. They do not read the document, do not give information about whether you should sign it, and do not verify that the terms are fair or legal. Their only role is to confirm that you are who you say you are and that you signed willingly.
An attorney, by contrast, reads the document, explains what it means, advises you on whether it protects your interests, and may negotiate terms on your behalf. If you need legal information about a document, you need an attorney. If you just need a signature witnessed and certified, you need a notary. Sometimes you need both—an attorney to advise you, and a notary (who may or may not be the same person) to witness the signing.
When to ask your attorney about notarizing
If your attorney is representing you in a transaction and you need documents notarized, ask directly: "Are you a notary public, and can you notarize these documents for me?" Be specific about which documents. Your attorney will tell you whether they hold a commission and whether they can notarize without a conflict of interest.
If they cannot, they will likely have a referral ready. If they can, confirm the fee (some attorneys notarize for clients at no extra charge, others charge the standard notary fee). Get clear on timing too—notarizing takes only a few minutes, but you may need to schedule an appointment.
Frequently Asked Questions
Do I need an attorney to notarize my document?
No. Any commissioned notary public can notarize your document. You do not need a lawyer. A notary's job is only to verify your identity and witness your signature, not to give legal information.
Can my attorney notarize a document they drafted for me?
Usually not. If your attorney drafted the document or is representing you in the transaction, they have a financial interest and cannot remain impartial. Most states prohibit a notary from notarizing in situations where they have a stake in the outcome.
If my attorney is a notary, do they have to notarize my documents?
No. Even if your attorney holds a notary commission, they can decline to notarize if there is a conflict of interest or if they are uncomfortable with the document. They can refer you to another notary instead.
What if I need legal information and a notarized signature?
You can have your attorney advise you on the document, then have a separate notary (not your attorney) witness your signature. This keeps the roles clear and avoids conflicts of interest.
How do I know if someone is a real notary?
Ask to see their notary commission certificate or seal. You can also contact your county clerk or your state's notary program to verify that someone is commissioned. Be wary of anyone who notarizes without checking your ID or asking you to sign in front of them.