Lawyer or Notary? What's the Difference Between Them?
by: Northwest Justice Project
Some differences between lawyers and notaries:
Lawyers
Notaries
Education normally required:
7 years of college after high school
Education normally required:
Speak and write English
ATTORNEYS ARE AUTHORIZED TO:
NOTARIES ARE AUTHORIZED TO:
advise clients regarding rights and opinions
represent and speak on behalf of their clients in and out of court
witness and act - for example, verify the identity of someone signing a document, certify copies and receive protests regarding instruments of credit
place a witness under oath
A notary may not give legal advice unless the notary is also a licensed attorney.
Lawyers
Notaries
Exam:
In Washington, lawyers take a test that lasts three days
Exam:
No exam.
Background:
Proof of graduation from an accredited law school;
Recommendation from 3 lawyers who all know tho candidate;
Approval from the Washington State Supreme Court.
Background:
Signatures of 3 people over the age of 18.
Protected Communications:
No one can force a lawyer to reveal the communications of their client. A lawyer could lose his or her license for revealing a client's secrets.
Protected Communications:
None.
To find out if someone is a lawyer in the state of Washington:
Call the Washington State Bar Association (WSBA) at 1-800-945-9722. For Spanish, ask to speak with Helen, or you can call her direct at (206) 727-8283. Ask the if person offering services is a licensed attorney and if, during that attorney's career, there have been any complaints filed against her/him.
To find out about your rights against a person that has deceived you:
Claims against attorneys:
You may call the WSBA at 1-800-945-9722. This office can tell you how to make a formal complaint. The office can also inform you about a fund for people who have suffered from fraud or incompetence of a lawyer.
Claims against any "consultant" (lawyer, notary or other):
Call CLEAR al 1-888-201-1014 for legal advice, free to low-income persons. Some of their attorneys speak Spanish. When you call you should be prepared to wait on the line because this service is very busy.
Call Northwest Immigrants Rights Project in Granger at 1-888-756-3641, or in Seattle at 1-800-445-5771. These are non-profit attorneys for low-income persons who specialize in immigration matters. This is also a very busy service.
You may also consult with a private attorney to find out if it would benefit you to file a lawsuit against the consultant;
Notaries must pay a bond of $10,000 to ensure "proper performance of notarial acts."
It is very common for attorneys to have private insurance in case the attorney makes a legal mistake.
Under the Consumer Protection Act of Washington State, a victim of fraud who can prove systematic fraud against the public could win in court up to three times the damages suffered (up to $10,000).
You could report to the office of the Attorney General of Washington State, Consumer Protection Division, at 1-800-551-4636. If they receive many complaints about the same person, they may take action against that person.
You could report to the police. If there are many reports about the same person, the county prosecutor might take action.
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of the date of its printing, April 2001.
Information, Not Legal Advice. We are providing this information as a public service. We try to make it accurate as of the date noted in the materials. Sometimes the laws change. We cannot promise that this information is always up-to-date and correct. Most of the information provided on this web site is specific to Washington State law.
We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through your local legal aid organization. Always talk to a competent lawyer, if you can, before taking legal action.
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