In England and Wales, All Notaries Are Lawyers – But Not All Lawyers Are Notaries. Understanding the Difference Between a Lawyer and a Notary in England and Wales
- S Najam
- 1 day ago
- 5 min read
One of the most common misconceptions among clients is that a solicitor, barrister, commissioner for oaths, and notary all perform the same role. They do not.
A simple way to understand the distinction is this:
In England and Wales, all notaries are lawyers, but not all lawyers are notaries.
This distinction becomes particularly important when documents are intended for use overseas. Many clients only discover the difference when a foreign authority, overseas lawyer, government ministry, embassy, bank, university, or court rejects a document that has been certified by a solicitor rather than notarised by a notary.
In this article, we explain what a notary is, why notaries occupy a unique position within the legal profession, and when you need a notary rather than another type of lawyer.
What Is a Lawyer?
The term "lawyer" is a general description for a person qualified to provide legal advice.
In England and Wales, lawyers include:
Solicitors
Barristers
Chartered Legal Executives
Notaries
Each profession has different rights, responsibilities, and areas of expertise.
A solicitor may advise on property transactions, family law, litigation, corporate law, wills, trusts, probate, employment law, or commercial matters.
A barrister typically provides specialist advocacy and legal opinions.
A notary is a specialist lawyer whose work focuses primarily on international legal matters, authentication of documents, and cross-border transactions.
What Is a Notary?
A Notary is a specialist lawyer authorised to authenticate documents and transactions for use throughout the world.
Notaries in England and Wales are appointed by the Court of Faculties of the Archbishop of Canterbury and regulated by the Faculty Office.
Their role dates back many centuries and is recognised internationally.
Unlike many other lawyers, a notary's signature and seal carry international authority and are relied upon by:
Foreign governments
Overseas courts
International banks
Foreign lawyers
Embassies and consulates
Universities
International corporations
The purpose of notarisation is to provide confidence that a document is genuine, properly executed, and capable of being relied upon abroad.
Why Are All Notaries Lawyers?
To become a notary in England and Wales, an individual must undertake extensive legal education and specialist notarial training.
A notary is therefore a qualified lawyer.
In addition to legal qualifications, a notary must possess expertise in:
International law
Private international law
Cross-border transactions
Authentication of documents
Identity verification
Fraud prevention
Anti-money laundering compliance
Evidence and legal formalities
Notaries are officers of the law and are expected to act impartially when carrying out notarial acts.
This impartial role distinguishes them from many other lawyers who act solely in the interests of their clients.
Why Are Not All Lawyers Notaries?
Although every notary is a lawyer, most lawyers are not trained as notaries.
For example, a solicitor may be highly experienced in:
Conveyancing
Litigation
Employment law
Family law
Probate
Commercial law
However, that solicitor may not possess the authority to perform internationally recognised notarial acts.
Likewise, a barrister may be an expert advocate but will generally not hold a notarial appointment.
The authority to notarise documents is a separate legal qualification requiring specialist training and appointment.
As a result, many lawyers regularly refer clients to notaries when documents are needed overseas.
Can a Solicitor Certify Documents?
Yes.
A solicitor can certify copies of documents for many domestic purposes within the United Kingdom.
However, a certified copy produced by a solicitor may not be accepted by a foreign authority.
Many overseas organisations specifically require:
Notarisation by a notary
An Apostille from the UK Foreign, Commonwealth & Development Office
Embassy or Consular Legalisation
Whether a solicitor's certification is sufficient depends entirely on the requirements of the receiving country or organisation.
When Do You Need a Notary?
You will commonly require a notary if your document is intended for use outside the United Kingdom.
Examples include:
Personal Documents
Powers of Attorney
Passports
Degree certificates
Academic transcripts
Birth certificates
Marriage certificates
Divorce documents
Affidavits
Statutory declarations
Adoption documents
Corporate Documents
Certificates of Incorporation
Board Resolutions
Commercial Contracts
Company Registers
Shareholder Documents
Certificates of Good Standing
Property and Financial Transactions
Overseas property purchases
International mortgages
Foreign bank account documentation
International inheritance matters
Trust and estate documentation
Why Do Foreign Authorities Trust Notaries?
The notarial profession operates according to internationally recognised standards.
Before notarising a document, a notary will normally:
Verify identity
Verify legal capacity
Verify authority
Review supporting documentation
Assess willingness to sign
Check compliance with legal requirements
Maintain a permanent record of the transaction
This rigorous process provides reassurance to overseas authorities that the document can be trusted.
In many countries, a notarised document carries significant evidential weight.
Notary vs Commissioner for Oaths
Another common source of confusion is the distinction between a notary and a commissioner for oaths.
A commissioner for oaths may:
Administer oaths
Witness affidavits
Witness statutory declarations
for use primarily within England and Wales.
A notary can often perform these functions as well, but additionally possesses internationally recognised authority.
If a document is intended for use abroad, a notary is frequently required.
The International Role of the English Notary
The English notarial profession is highly respected internationally.
Documents bearing the signature and seal of an English notary are regularly accepted throughout:
Europe
Middle East
Asia
Australia
North America
South America
Africa
For this reason, notaries frequently assist both private individuals and multinational corporations involved in cross-border transactions.
Choosing the Right Professional
If your matter concerns legal advice within England and Wales, a solicitor may be the appropriate professional.
If your document needs to be recognised internationally, you may require a notary.
Understanding the difference can save considerable time, expense, and frustration, particularly where overseas authorities have strict documentary requirements.
The key principle remains:
All notaries are lawyers, but not all lawyers are notaries.
About Sheikh Najam TEP
Sheikh Najam TEP is a Central London Notary, STEP-qualified Private Wealth Lawyer, European Attorney, Accredited Mediator, and Arbitrator.
With more than two decades of experience advising private individuals, international families, entrepreneurs, and businesses, he assists clients with:
Notarial Law
Apostille and Legalisation
International Private Client Matters
Wills and Estate Planning
Trusts and Asset Protection
Probate and Estate Administration
International Succession
Cross-Border Dispute Resolution
Staple Inn Notaries and International Lawyers
Central London appointments available by prior arrangement, including urgent and same-day matters.
Telephone: +44 (0)20 3488 4195
Online Appointment Booking: https://calendly.com/sheikhnajam
Office: Fox Court, Gray's Inn Road, London WC1X 8HN
Frequently Asked Question
Q: Can a solicitor notarise a document?
A: Only if that solicitor is also a qualified and appointed notary. Most solicitors are not notaries. If a document is intended for use overseas, you should verify whether notarisation is specifically required.
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