Solicitor or Notary? Differences and Uses

22 Nov Solicitor or Notary? Differences and Uses

When dealing with important legal documents or bureaucratic matters, two key figures often come into play: the solicitor and the notary. Although both play fundamental roles in law, their functions and areas of expertise differ significantly, especially in international legal contexts such as Anglo-Saxon and Italian systems. In this article, we will examine the main differences between solicitors and notaries, as well as the cases where their services are necessary.

Who is a Solicitor? A solicitor is a typical figure in common law systems, such as the United Kingdom, Ireland, and some Commonwealth countries. This is a type of lawyer who provides legal advice to clients and handles a variety of legal matters, ranging from commercial to real estate and family law. Solicitors can represent clients in lower courts, but for more complex cases, particularly in higher courts, they tend to work alongside barristers, lawyers who specialize in litigation and courtroom defense.

Main Duties of a Solicitor:

• Drafting contracts and wills.
• Handling real estate transactions.
• Advising on family matters, such as divorce or custody.
• Assisting with immigration and employment law issues.
• Representation in civil and commercial disputes.

In essence, a solicitor is a key point of contact for anyone who needs everyday legal assistance. Thanks to their broad range of skills, solicitors can guide clients through complex legal processes and provide solutions suited to their needs.

Who is a Notary? A notary, or public notary, is a professional with specific training in civil law, common in many civil law countries such as Italy, France, and Spain. Unlike solicitors, notaries do not represent clients in legal disputes but act as impartial public officials who verify and certify legally significant documents.

Main Duties of a Notary:

• Authentication of public acts and private deeds, such as sale agreements, wills, and corporate deeds.
• Certification of signatures and the identity of the parties involved in an agreement.
• Drafting and registering deeds of donation or succession.
• Neutral legal advice on real estate, matrimonial, or succession transactions.
• Legalisation of documents for use abroad.

The notary plays a crucial role in ensuring that certain legal documents are valid and recognized by law. This is particularly important in real estate transactions and asset transfers, where the notary’s involvement guarantees the full legitimacy of the deeds.

Key Differences Between a Solicitor and a Notary

Legal Framework:

• The solicitor operates primarily within the common law system, such as in the United Kingdom, focusing on legal representation and advice for clients.
• The notary operates in civil law countries, such as Italy, where they certify and authenticate legal and public documents with probative value.

Role:

• A solicitor is a legal consultant and, in some cases, a court representative, assisting clients in a wide range of legal matters.
• A notary is an impartial public official who verifies and legalises important documents, ensuring their legal validity.

Procedural Function:

• Solicitors can initiate legal actions on behalf of clients and represent them in civil or commercial cases.
• Notaries do not participate in legal cases but certify documents that can later be used in judicial proceedings.

When is a Solicitor Needed? A solicitor is essential in situations requiring personalized legal advice or representation in court. For instance, if you are buying a house in the United Kingdom, the solicitor will ensure that all documentation is in order, representing you in the legal transactions. Similarly, if you are involved in a commercial dispute or need help with an immigration application, the solicitor will be the professional to contact.

When is a Notary Needed? A notary is indispensable when it comes to authenticating and certifying documents to make them legally valid. If you need to sign a real estate purchase agreement in Italy, for example, the notary will verify the document’s accuracy and your identity, ensuring that the deed complies with the law. Furthermore, when legal documents must be used abroad, such as for consular legalisations, the notary’s intervention is crucial to guarantee the international validity of the deeds.

Conclusions 

In summary, the choice between a solicitor and a notary depends on the type of legal assistance you need and the country in which you are located. If you need legal representation or advice on disputes or legal transactions in the United Kingdom, a solicitor is the right figure. However, if you need to certify a public deed, such as a real estate contract or a will, especially in a civil law system like Italy, you will need to consult a notary.

Understanding these differences will help you save time and money and obtain the most suitable legal service for your specific needs. If you are unsure which professional to consult, remember that you can always request a free consultation to receive precise and personalized guidance.