Should I use a BC Notary or A Lawyer?
It’s impossible to guess how many people have asked me that question.
If I had to, I think the number is probably in the hundreds.
It’s a great question.
So let’s start at the beginning…
WHAT IS A NOTARY PUBLIC?
A notary public (also known as a notary), is a trained professional who can provide limited legal services to the public. A notary can help you with completing real estate transfers and purchases, personal planning documents such as wills and powers of attorney, as well as notarizing documents such as statutory declarations, affidavits, etc.
Notaries have been around for a long time. Babylonian notaries chiseled the oldest written law into stone over 4000 years ago. At that time, notaries were wise and trusted members of society. Their role was to oversee transactions and guarantee their fairness.
The role has since evolved into a professional service, but its essence is still the same. Notaries still guarantee the fairness and legality of transactions.
BC Notaries have professional standards dictated by the Notaries Act of BC. They also are governed by the rules, by-laws and best practices of; and are members of The Society of Notaries Public of British Columbia. If you are simply looking to have documents notarized then a notary is likely the best option for you.
HOW IS A BC NOTARY DIFFERENT FROM A LAWYER?
While British Columbia Notaries and lawyers both deal with legal matters, the primary difference between the two is that BC Notaries do not represent or assist clients in court and do not get involved in litigation.
In British Columbia, notarial services are restricted to non-contentious legal matters in which all parties involved have already reached an agreement, like in real estate transfers, mortgages and estate planning.
By notarizing a document we:
Witness that the party to the document has signed the document in our presence.
Confirm the place and date where they have signed as well as ensuring they understand it and are not signing as a result of any undue influence or coercion.
Confirm their identity to make sure the person actually signing the document is the person referred to in it.
Another difference between lawyers and notaries has to do with their training.
Lawyers need both an undergraduate degree and a law degree. They also must pass a provincial examination and article at a law firm for a year before they practice.
BC Notaries now complete both an undergraduate degree and a Master’s degree of Arts in Applied Legal Studies; as well as writing statutory exams administered by provincially appointed examiners. They also must be accepted into The Society of Notaries Public of British Columbia.
BC Notaries have mandatory continuing education in the areas where we practice. BC Notaries are very well trained in the areas we practice.
A COMMON MYTH ABOUT NOTARIES
Many people think it’s better to use a practicing lawyer in a transaction because if things don’t go according to plan; they might need a lawyer to represent them in court proceedings.
However, that is not the case. A lawyer whose main practice area is conveyance would likely not take a case to court themself.
BC Notaries are experts in the areas we choose to practice.
If we act for you in residential real estate transactions; our experience will help us to identify issues and deal with them before they become problems.
If we do get to a place where court proceedings are necessary, we have a network of trusted referral partners and we will find a lawyer who are experts in this area.
Conveyancing and litigation are both very different specialties. We feel it’s better to work with a specialist than to find someone who is more of a generalist but doesn’t really specialize in anything. We are those specialists.
HOW DO I KNOW WHICH ONE TO GO TO?
Choosing between a notary public and a lawyer depends on what kind of legal services you want.
At David Watts Notary Public we can help you with any of the following services:
1. REAL ESTATE TRANSFERS
We help you complete you with Purchases, Sales, Mortgages and Family Transfers.
2. PERSONAL PLANNING DOCUMENTS
Prepare for the future with Wills, Powers of Attorney, and Representation Agreements.
3. NOTARIAL SERVICES
At David Watts, we provide comprehensive notarization services. We notarize your signature on:
Travel Letters
Affidavits
Statutory Declarations
Letters of Invitation
Passport Documents
4. AUTHENTICATION AND LEGALIZATION SERVICES
Get Certified True Copies of Legal Documents for use in Canada and around the world.
NOT SURE WHICH YOU NEED?
In British Columbia, all lawyers are also “notaries public” which means they can legally act in the same practice areas as BC Notaries. Some lawyers choose to practice in the traditional areas of BC Notaries.
All BC Notaries receive ongoing training in matters of real estate, wills and estate planning; as well as notarizations for use in Canada and around the world.
Whether you choose to work with a BC Notary or a lawyer; it is always important to choose someone who has expertise and experience in the area where you require service.
Listen to the advice of colleagues and ask for a referral. Find someone you are comfortable with and feel that you can get to know, like, and trust them.
Finally, get in touch with our office. Together we can determine whether a BC Notary can help, or point you to a trusted lawyer.
How Much is a Notary Fee in Vancouver?
Our notary fees are as follows:
NOTARIZATION COST
Cost for Certified True Copies of documents: $60 ($53.57 + GST & PST)
Additional documents/copies: $20 each
MULTIPLE EXHIBITS:
For documents with multiple exhibits, we charge $20 per exhibit after the 4th.
INTERNATIONAL OR REAL ESTATE DOCUMENTS:
For documents to be used outside of Canada, or involving real estate purchase, sale, or mortgage, please email us for a specific quote.
PLEASE NOTE:
Ensure to print and bring the documents.
Bring 2 pieces of unexpired identification, with at least one being government-issued with a photograph.
NOTARIZED AND CERTIFIED TRUE COPIES
CERTIFIED TRUE COPIES COST:
First copy/document: $60
Additional copies: $20 each
PROVIDING COPIES:
You can bring the original documents, and we can make the copies here.
If you prefer, you can bring your own copies.
PRINTING CHARGES:
For more than 10 pages, we charge $1.00 per page.
David Watts Notary Public
Our office is conveniently located at #1412 – 675 West Hastings Street in downtown Vancouver. We are across the street from Sinclair Centre where the Passport Canada office is located. We are also across the street from Waterfront Station, which is the last stop on the SkyTrain Expo Line, Millennium Line and Canada Line as well as the SeaBus and West Coast Express terminals.
Our business hours are Monday-Friday from 9 am-5 pm. If you are interested in our Notary services please contact us to learn more.