Should I use a BC Notary or A Lawyer?
It’s impossible to say how many times that question has been asked of me.
If I had to guess, I’d say the figure is in the hundreds.
It’s an excellent query.
Let’s begin at the beginning…
WHAT IS A NOTARY PUBLIC?
A notary public (also known as a notary) is a legally trained individual who can give limited legal services to the general public.
Notaries have been in existence for quite some time. Over 4000 years ago, Babylonian notaries etched the oldest recorded law into stone. Notaries were wise and trusted members of society at the time. Their job was to supervise transactions and ensure that they were fair.
Although the work has grown into a professional service, the essence of the job remains the same. The fairness and legitimacy of transactions are still guaranteed by notaries.
The Notaries Act of BC establishes professional standards for BC notaries. They are also members of The Society of Notaries Public of British Columbia, and are bound by its rules, by-laws, and best practises.
HOW IS A BC NOTARY DIFFERENT FROM A LAWYER?
While BC Notaries and lawyers both deal with legal matters, BC Notaries do not represent clients in court and do not get involved in litigation.
In British Columbia, their work is restricted to non-contentious matters in which all parties involved have already reached an agreement, like in real estate transfers, mortgages and estate planning.
By notarizing a document we:
- Witness that the party to the document has signed the document in our presence.
- Confirm the place and date where they have signed as well as ensuring they understand it and are not signing as a result of any undue influence or coercion.
- Confirm their identity to make sure the person actually signing the document is the person referred to in it.
Another difference between lawyers and notaries has to do with their training.
Lawyers need both an undergraduate degree and a law degree. They also must pass a provincial examination and article at a law firm for a year before they practice.
BC Notaries now complete both an undergraduate degree and a Master of Arts in Applied Legal Studies; as well as writing statutory exams administered by provincially appointed examiners. They also must be accepted into The Society of Notaries Public of British Columbia.
BC Notaries have mandatory continuing education in the areas where we practice. BC Notaries are very well trained in the areas we practice.
A COMMON MYTH ABOUT NOTARIES
Many people believe that using a lawyer in a transaction is preferable because if things don’t go as planned, they may require a lawyer to represent them in court.
That is not the case, however. A lawyer whose primary field of practise is conveyance is unlikely to take a case to court.
BC Notaries are experts in the fields in which we choose to work.
If we represent you in a residential real estate transaction, our knowledge will enable us to spot issues early on and resolve them before they become problems.
If we should end ourselves in a situation where litigation is required, we have a network of trusted referral partners who can help us discover a litigation expert.
Conveyancing and litigation are two different things.
HOW DO I KNOW WHICH ONE TO GO TO?
Choosing between a notary public and a lawyer depends on what kind of legal services you want.
At David Watts Notary Public we can help you with any of the following services:
1. REAL ESTATE TRANSFERS
We help you complete you with Purchases, Sales, Mortgages and Family Transfers.
2. PERSONAL PLANNING DOCUMENTS
Prepare for the future with Wills, Powers of Attorney, and Representation Agreements.
3. NOTARIZATION
We notarize your signature on:
- Travel Letters
- Affidavits
- Statutory Declarations
- Letters of Invitation
- Passport Documents
4. AUTHENTICATION AND LEGALIZATION SERVICES
Get Certified True Copies of Documents for use in Canada and around the world.
NOT SURE WHICH YOU NEED?
In British Columbia, all lawyers are also “notaries public” which means they can legally act in the same practice areas as BC Notaries. Some lawyers choose to practice in the traditional areas of BC Notaries.
All BC Notaries receive ongoing training in matters of real estate, wills and estate planning; as well as notarizations for use in Canada and around the world.
Whether you choose to work with a BC Notary or a lawyer; it is always important to choose someone who has expertise and experience in the area where you require service.
Listen to advice of colleagues and ask for a referral. Find someone you are comfortable with and feel that you can get to know, like and trust them.
LET JURIS NOTARY HELP
Do you need to consult with someone about your legal matters or need to get any documents notarized? Get in touch with Juris Notary, and we’ll be happy to help you out or point you in the correct direction if need be.
