When you have a legal matter, do you need a notary public or lawyer? What about arbitration or mediation? All four types of legal support are available to you in British Columbia, and the one you choose is based on the details of your case.
Most non-contentious, routine legal matters between two or more parties can often be completed through a notary public. However, when there is contention, you may choose to work with a mediator, arbitrator, or lawyer.
Today, we’re going to look at exactly when you need to hire a notary public, lawyer, arbitrator, and mediator, so you know the differences in services they provide.
What is a notary public?
A notary public (or a notary) is a legal professional who can help you prepare legal documents and provides other legal services outside of court. They are most often used for:
Hiring a notary for notarizing documents
A notary has the power to notarize legal documents. Notarization is often required to confirm the authenticity of legal documents for use in Canada or internationally, though notarizing includes more than just putting a stamp on the paper. Notaries are also professionally trained and required to:
Notary Qualifications
BC Notaries participate in ongoing training and skills development, so they are always up-to-date on all legal requirements. As a result, they can always provide you with the most up-to-date information in their area of expertise. In British Columbia, they must complete a university-level basic accounting course and pass a written exam.
Notaries are professionally trained and are overseen by the Notaries Act of BC and the rules, by-laws, and best practices dictated by The Society of Notaries Public of British Columbia.
What is a lawyer?
When you have a legal matter where there is contention (a disagreement) between the parties, you may need a lawyer. A lawyer can legally represent you in court proceedings when required and will assist in drawing up legal documentation and commencing legal actions.
Some other common reasons to hire a lawyer may include:
Lawyers in BC must have an undergraduate degree, a law degree, and several other prerequisites before practicing law in this province.
What’s the difference between a notary and a lawyer?
When it comes to managing important life or business affairs, knowing who to hire for help is essential. There are many lawyers and notaries in your community, so you should have no trouble finding one to handle your legal matters, no matter how complicated or seemingly straightforward.
The critical difference between a notary and a lawyer is that a lawyer can represent you in court proceedings, but a notary does not. Also, a lawyer can act as a notary, but a notary can’t act as a lawyer. Often when people hear that distinction, they think it’s better to just hire a lawyer “just in case” things go sideways or become contentious. But, this is not always a necessary choice because a lawyer will often cost more, even if you’re only using them for their notary services
If you are working with a notary and the legal matters become more complicated, and contention does arise between the parties, your notary has a team of legal referrals ready to assist in your case. They’ll only be called with your consent and only if needed.
So, from a financial standpoint, standard transactions and document notarizations are often best and more affordably handled by a notary rather than a lawyer.
When would I need an arbitrator?
If you have a contentious case, you can hire an arbitrator to see if you can settle the matter without going to court or needing a lawyer. An arbitrator is a legal professional who sits down with both parties and facilitates a structured, informal conversation between the parties to assess the facts of the case. Then, when the matter can be settled through arbitration, you can proceed to work with a notary for any final paperwork needed.
You can choose to bring legal representation to arbitration or represent yourself. Either way, Your arbitrator’s decisions are legally binding.
Can I try mediation for my case?
If you have a contentious case you think you can find middle ground on, you can hire a mediator to guide your negotiations. Mediators do not impose any binding decisions but help all parties come to a mutually agreeable conclusion.
Like Arbitration, you can have a lawyer present, but not a notary. If you can agree through mediation, you can move forward with legal documentation through your notary. If not, you can choose to continue your case in court with a lawyer.
How to choose the suitable legal representation
Whether you choose to work with a notary public or a lawyer, make sure they specialize in the area of law you are hiring them for. For example, some may specialize in real estate transactions and others just in personal and healthcare planning. Or, like Mount Pleasant Notary, they may have experts in many areas of law, including real estate, estate planning, and other personal and business legal services.
Do you have a legal issue or transaction and need legal support or representation? Book a complimentary consultation with us today to discuss your options to see which is right for you.