Difference between lawyer and notary: roles and responsibilities

In the French legal world, the distinction between lawyer and notary is fundamental. Being specialist in law, I am often faced with questions about their respective roles. Let me enlighten you on these two essential professions, their responsibilities and their areas of intervention.

Missions and statutes: marked differences

Lawyer, defender of customer interests

L’lawyer is the law of the law that we consult when you need to be represented or defended in a contentious case. I have often seen customers relieved to be able to count on their lawyer to support them in the face of justice. Our role is to defend exclusively The interests of our client, whether in the context of a trial, a litigation divorce or a criminal case.

Here are some key points on the role of the lawyer:

• Pleading before the courts
• Negotiation on behalf of the customer
• Writing conventions and requests
• Personalized legal advice

The notary, impartial public officer

The notaryon the other hand, is a public officer appointed by the state. Its role is to authenticate acts and contracts, thus giving them convincing force. I remember a case where the intervention of a notary made it possible to resolve a family conflict around a succession, thanks to his impartiality and his in -depth knowledge of heritage law.

The main attributions of the notary are:

• Authentication of acts
• Management of successions and donations
• Drafting of wedding contracts
• Recording of real estate transactions

VS free regulated fees

A notable difference between these two professions lies in fixing the fees. Notaries’ prices are regulated by the State, ensuring a certain predictability for customers. On the other hand, lawyers freely fix their fees, which can sometimes surprise. I always advise my clients to learn about the prices before committing.

Domains of intervention: when to call on one or the other?

The notary, essential for certain transactions

In my practice, I found that many people ignore the compulsory nature of the notary’s intervention in certain situations. For example, for any real estate transaction, the presence of a notary is essential. He is the only one authorized to perform land advertising, thus guaranteeing the legal security of the operation.

Here is a summary table of situations requiring the intervention of a notary:

Lawyer, an ally in disputes

As a lawyer passionate about my job, I can testify to the importance of our role in the resolution of conflicts. Whether for a litigation divorce, a commercial dispute or a criminal case, the lawyer is the professional to consult. Our procedural expertise and our ability to plead before the courts make all the difference.

I had the opportunity to defend customers in complex situations, where the presence of a lawyer made it possible to assert their rights and to obtain their case. This is particularly true in cases of divorce, where the assistance of a lawyer is compulsory, except in the event of divorce by mutual consent without a judge.

Complementary skills in certain areas

It is crucial to note that in certain areas, the skills of the lawyer and the notary can be completed. Take the example of a divorce involving an important heritage. The lawyer will write the divorce agreement and represent his client at the hearings, while the notary will liquidate the matrimonial regime. This complementarity ensures optimal management of the situation for customers.

The choice of good professional: a crucial decision

Choosing between a lawyer and a notary depends on the nature of your legal need. If you are faced with a dispute or if you need to be represented in court, call on a lawyer. On the other hand, for authentic acts, real estate transactions or inheritance questions, the notary will be your privileged interlocutor.

Remember that these two professions share initial law in law, but their subsequent specializations direct them to distinct fields of expertise. In my career, I have often collaborated with notaries on complex files, and this synergy has always been beneficial for our customers.

In the end, the difference between lawyer and notary resides mainly in their role and areas of intervention. The lawyer is your defender in conflicts, while the notary is the guarantor of the authenticity of your important acts. Everyone has their place in the French legal system, thus ensuring complete protection of the rights of citizens.