What Sets Notaries and Solicitors Apart in the English Legal System?

Legal matters often involve complex processes that require the expertise of professionals to navigate. In the English legal system, two key roles play vital functions - Notaries and Solicitors. While both are integral components of the legal landscape, there are distinct differences between the two professions that are important to understand. Let's delve into the unique responsibilities and functions of Notaries and Solicitors to gain insight into how they contribute to the legal ecosystem in England.

Notaries: The Guardians of Authenticity and Legal Advisors

English Notaries are lawyers recognised internationally due to their thorough training in the two major legal systems of the world, the common law and the civil law. There are only about 770 notaries in England and Wales, and they belong to the oldest branch of the legal profession in the country. The profession dates back to 1533, when Henry VIII split from the Church of Rome. Notaries are often described as the "guardians of authenticity," play a crucial role in verifying and certifying documents for use internationally. One of the key distinctions of a Notary is their focus on ensuring the authenticity and accuracy of documents, particularly those intended for use in foreign jurisdictions. These professionals are appointed by the Faculty Office of the Archbishop of Canterbury under royal authority, are regulated by the Master of the Faculties, and are authorised to practice anywhere in England and Wales.

One of the primary functions of a Notary is to witness the signing of important documents, administer oaths, affidavits, and declarations, and verify identities. They are also responsible for confirming the authenticity of signatures and seals on legal documents, adding a layer of assurance to their validity. Notaries play a pivotal role in facilitating cross-border transactions by certifying documents such as powers of attorney, affidavits, contracts, deeds, and ship protests. In the English legal system, Notaries have the exclusive rights to offer notarial services. Solicitors (and barristers) are not authorised to conduct notary services, unless they are also qualified as notaries.

Although the primary function of English Notaries is authentication of legal document, they are also licensed to provide a wide range of legal advisory and legal drafting services to their clients including business law, property law, family law, and private client (estate planning/administration, Wills, Trusts, probate, and powers of attorney).

Solicitors: Legal Advisors and Advocates

On the other hand, Solicitors are legal professionals who provide a wide range of legal services to clients within England and Wales. Unlike Notaries, Solicitors have a broader scope of practice and can represent clients in court, and negotiate on behalf of their clients. Solicitors are regulated by the Solicitors Regulation Authority (SRA) and are governed by strict professional standards.

Solicitors play a fundamental role in advising clients on various legal matters, including family law, property transactions, commercial law, and advocacy in court proceedings. They act as legal advisors and advocates for their clients, ensuring that their rights are protected and represented effectively within the legal system.

Key Differences: Notaries vs. Solicitors

Jurisdiction

One of the primary distinctions between Notaries and Solicitors lies in their jurisdiction. Notaries focus on validating documents for international use, while Solicitors primarily operate within the domestic legal framework of England and Wales.

Function

While Notaries specialise in verifying the authenticity of documents and administering oaths, they also offer legal advisory services including business law, property law, family law, and private client services. Solicitors offer a wide range of legal services, including representation in court. However, solicitors do not offer notary services as these services are offered exclusively by qualified notaries.

Appointment and Regulation

Notaries are appointed by the Archbishop of Canterbury and regulated by the Master of the Faculties, whereas Solicitors are regulated by the Solicitors Regulation Authority (SRA) and governed by professional standards set by the legal profession.

In conclusion, while both Notaries and Solicitors are essential components of the legal system in England, they serve distinct functions and operate within specific realms of expertise. Notaries focus on authenticating international documents and provide general legal advice, while Solicitors provide legal advice and representation within the domestic legal framework. Understanding the unique roles of Notaries and Solicitors is important for navigating the legal landscape effectively and seeking the appropriate professional expertise for individual legal needs.