Notary or lawyer? You can do most things better with a lawyer

What a notary does

The question of what a notary does can be summed up simply: a notary is a lawyer who is commissioned by the state to draw up and certify certain acts so that they have a higher degree of legal certainty. Typically, you will find that a notary will draw up a notarial deed (for example, a resolution of a general meeting, the incorporation of a company or a legal act for which a special form is required), authenticate a signature or notarize a deed, or receive money or documents for notarial safekeeping. In inheritance matters, the notary often acts as an imaginary extended arm of the court: He communicates with the heirs, ascertains assets and debts, conducts hearings and prepares documents for the court’s decision.

But it is important to understand that the notary is not your representative. His role is impartial and formal. He or she is there to ensure that the deed is done correctly and has the required formalities, not to negotiate more favourable terms for one party, warn of all future scenarios or work out how to minimise risks and disputes. This is precisely the area where the lawyer has a natural advantage. An attorney is paid to protect your interests, and in everyday life situations such as contracts, property transfers, family relationships or business, it is often more important to make the right legal decision than to simply comply with the formal requirements of the law.

Practically: a notary will usually draw up a document that corresponds to what you have said. In addition, the attorney will discuss with you what you may not have said – for example, what happens when relationships deteriorate, when debts come up, when someone gets divorced, when a child goes into debt, when foreclosure, insolvency, pre-emption, or a non-neglected heir is involved in the future. It is this “working ahead” that often saves tens of thousands and years of nerves.

When is a notary obliged

In Czech law, there are situations where a notary is simply unavoidable because the law requires a special form or process in which the notary performs a public role. A typical example is inheritance proceedings, where a notary is often appointed by the court as a court commissioner. In addition, inheritance is an area where it is very easy to make mistakes: people underestimate the debts of the testator, overlook the community property of the spouses, are unaware of previous gifts or think that the will will solves everything. Here, the notary oversees the procedure and the formality, but if a conflict arises between the heirs or you need to enforce a specific solution (for example, an agreement, a settlement, protection of the weaker party), it is often advisable to have a lawyer by your side.

Another area is notarial records – sometimes a notarial record is directly obligatory, sometimes it is “only” very useful because it has a high evidentiary value. Particularly valuable is the option of a notarial deed with a consent to enforceability, where the document can become the basis for a quick recovery in the future if the other party fails to do what it promised.

And now the important thing: In a huge number of common situations, the notary is not obliged. Purchase contracts, gift agreements, leases, agreements between partners, property settlements, defect claims, neighbor disputes or debt collection – these are matters that are often just as well (or better) handled legally with an attorney. In these cases, you usually don’t want someone to write it up, but someone to work it out in a way that protects you.

Lawyer versus notary

Whenever the choice is yours, it makes more sense to go to a lawyer in most real-world situations. Not because a notary is bad, but because they have a completely different role. A notary is supposed to be impartial and stick to process and form. An attorney is supposed to be your partner and shield – helping you assert your interest, minimize risk, and prepare a plan B when things don’t go ideally.

In practice, this is demonstrated by simple examples. Imagine you want to transfer a property in the family. A notary can draw up a deed of gift and everything goes through formally. But the solicitor will ask: do you need a lifetime easement there? Are you sure that the donee will not sell the property without your knowledge? What if the donee gets divorced and the property gets into a property settlement? What if the donee has a business and is facing foreclosure? A lawyer will propose a tailored solution: he or she can recommend a combination of gifting and security, setting the terms, timing the steps, or choosing a completely different type of transfer.

Similarly for a business. A notary will draw up a notarial deed for the establishment of an LLC or for certain corporate changes. But the attorney typically also handles what will happen “after incorporation” – shareholder relations, decision-making setup, minority protection, shareholder exit rules, competition clauses, executive compensation setup, liability and penalties. And these are exactly the topics that later lead to disputes and company break-ups.

The advantage of Affordable Lawyer is that we provide legal services flexibly. You can handle everything online, send documents by email, have a quick document review and consultation within hours.

Education and examinations of notary public and attorney

The difference between a notary and an attorney does not start at the stamp, but at the career path. Both professions are based on a master’s degree in law, but that is largely where the similarities end. An attorney is typically trained to represent clients in their cases – that is, to argue, negotiate, write pleadings, litigate, and seek the best solution for the client. After law school, an attorney typically becomes a law clerk, obtains an internship at a law firm, and prepares to take the bar exam, which tests the ability to apply the law in a variety of situations, work with procedural rules, develop legal strategy, and be accountable for legal services.

A notary, on the other hand, is prepared for the role of a person exercising public authority and for notarising and certifying. Notarial practice has a different dynamic: it is more focused on form, on mastering specific notarial acts and on working with official records. For the client, this means that the notary is excellent in situations where precise formality and high evidentiary strength of the document are required. However, once the situation starts to “break” towards conflict, negotiation or the need to choose the most advantageous option, the lawyer comes to the fore.

The difference in how the professions are set up in terms of accessibility is also important. There are a limited number of notaries and the notarial office is only filled when a vacancy occurs, whereas there are more lawyers on the market and competition pushes for client convenience, speed of response and quality of service. Therefore, if you need to resolve a problem quickly, modify a contract, assess risks or deal with a counterparty, a lawyer is usually a more practical and affordable option.

How to become a notary

If you are interested in how to become a notary public, be prepared for the fact that it is one of the longest and most “regulated” legal paths in the country. The basis is, of course, a master’s degree in law. This is followed by notarial practice – typically as a notary trainee in a notary’s office. The practice is long-term and focused on the notarial agenda: notarization, notarial deeds, escrows, working with records and procedural procedures where the notary acts as a court commissioner.

After a certain period of practice, the trainee reports for the notarial examination. The examination usually has a written and oral part and tests knowledge of substantive and procedural law in relation to notarial acts, the ability to draw up a correct notarial record and orientation in the related regulations. Upon successful completion of the examination, the trainee becomes a notary candidate. However, the journey does not end there, as the actual practice of the notarial profession still requires the occupation of a specific notary office. There are a limited number of notary positions and offices are filled competitively, typically when a vacancy occurs (e.g. a notary leaves). This means that even after the examination it is not certain how quickly a candidate will actually become a notary.

For the client, this has an interesting impact: notary is a profession with high prestige and stable demand, but at the same time with limited competition and local attachment.

List of notaries: where to find a notary

When you need a notary, you typically type “list of notaries” into a search engine and want to quickly find a contact in your city. Official information about notaries and the notary community is provided by the Chamber of Notaries of the Czech Republic. It is there or on portals that draw on public sources that you will usually find a search by location, or information on office hours and contacts. It is a good idea to take into account that notary offices are bound to their district and the notary has certain obligations and limitations that may be reflected in the availability of appointments.

To choose a notary public, it is important to be clear whether you need a notary for the legal form or just for convenience. If it’s just to verify a signature or a simple notarial act, you’re usually dealing mainly with speed and availability. If it’s a notarial deed with more legal weight, it’s good to know in advance exactly what you want and why, because a notary is impartial and won’t automatically suggest steps that are only beneficial to one party.

And here comes a practical tip that will often save you money: before you make an appointment with a notary, have the document or intention checked by a lawyer. A lawyer can tell you what options you have, what the typical mistakes are and what to watch out for. You will then come to the notary prepared, with a clear assignment and no blind spots. The result is a document that not only has the right form, but also content that actually protects you.

When you can get a lawyer and why it’s usually the best choice

In everyday life, an attorney is the most practical choice in all situations where the law does not prescribe a notary. And there are most such situations. Typically, these are contracts and agreements of all kinds – leases, purchase agreements, gift agreements, loan agreements, agreements between partners, property settlements, community property agreements, agreements between partners, or agreements with suppliers and clients. The crucial difference is that a solicitor will not prepare a document “just to be” but to make it convenient and safe for you.

How it works in practice: a person signs a purchase agreement for a property and feels that the real estate agent is handling it. However, real estate contracts often protect mainly the business process, not the buyer. The lawyer will check how the escrow of the purchase price is set up, when exactly the handover takes place, how defects are handled, penalties, cancellation, what if the registration in the land registry is prolonged, what if an easement or foreclosure comes to light. This is the difference between a document that looks “standard” and one that protects you in a crisis scenario.

An attorney is also key when you anticipate or are already resolving a conflict. A notary is not a litigation professional and is not there to negotiate with the opposing party on your behalf. An attorney, on the other hand, can negotiate, write pre-suit demands, suggest compromises, and represent you in court when necessary. And even if litigation never occurs, a well-set up contract is the best prevention. Therefore, a simple recommendation applies: use a notary where it has to be a notary. Everywhere else, get a lawyer – it often works out cheaper than dealing with the consequences.

Summary

A notary public is a lawyer with public authority who ensures formal correctness and legal certainty in selected acts, typically in inheritance proceedings, in the drawing up of notarial deeds or in the authentication of documents, and whose role is always impartial and limited to the procedure prescribed by law. A lawyer, on the other hand, acts exclusively on the client’s side, protecting his interests, highlighting risks and proposing solutions that also think about future scenarios such as litigation, debts, divorce or business risks. While a notary is obligatory only in a limited range of cases, in the vast majority of everyday life situations – when concluding contracts, transferring property, dealing with family relations, running a business or preventing disputes – it is preferable to turn to a lawyer who will set the content of the documents so that they actually protect the client, not just stand up to form. The difference between a notary and an attorney is already reflected in their professional training: an attorney is trained to represent, negotiate and resolve disputes, while a notary is prepared for the role of a public official with a focus on form and certification. Even the pathway to the notarial profession is long and heavily regulated, with a limited number of positions, which is reflected in the availability of services. The practical advice is therefore clear: use a notary where the law requires it or where the form makes a real difference, but everywhere else it is worth choosing a lawyer to help you avoid problems and save time, money and hassle.