Can You Use A Notary, Or Do You Need An Attorney?

In Louisiana, it may be more cost effective if you use a notary instead of an attorney for many legal documents and transactions. Louisiana is different from most other states because Louisiana notaries have broader legal authority than notaries in states such as Mississippi, Texas, or Florida.

However, there is an important distinction:

• A Louisiana notary public can prepare and execute certain legal documents, authenticate signatures, administer oaths, and perform other acts authorized by Louisiana law.

• An attorney can provide legal advice, represent you in court, handle litigation, and advise you on complicated legal rights and disputes.

  
  

You do not automatically need an attorney just because a document is legal.

1. When you can use a Louisiana notary instead of an attorney

A properly commissioned Louisiana notary who is qualified to perform the particular act can generally prepare and execute the following documents:

Document or service			Can a notary handle this?
Power of attorney (mandate)		Yes
Affidavit		Yes
Affidavit of heirship		Yes
Small succession affidavit		Yes, when legally eligible
Last will and testament		Yes
Act of sale (real estate)		Yes
Act of donation		Yes
Property transfer		Yes
Property partition		Yes
Mortgage documents		Yes
Lease agreements		Yes
General contracts		Yes
Promissory notes		Yes
Matrimonial agreements		Yes
Authentic acts		Yes
Acknowledgments and sworn statements		Yes
Business formation documents		Certain documents and transactions
Auto title/sale		Yes

These powers are recognized under Louisiana Revised Statutes 35:2.

An important point: A Louisiana notary does not simply stamp a document prepared by someone else. A qualified notary can actually prepare many of these legal instruments.

2. When you should use an attorney

An attorney is necessary or strongly recommended when you need:

• Legal advice about what your rights are.

• Representation in court.

• Assistance with a contested succession or inheritance.

• Resolution of property ownership disputes.

• Advice concerning complicated wills or trusts.

• Litigation involving a contract or property.

• A legal opinion concerning real estate title.

• Advice about complicated tax or estate-planning issues.

  
  

Louisiana Revised Statutes 37:212 defines the practice of law and distinguishes it from the authorized functions of a notary public. A notary cannot provide legal advise on any specific matter, however, educating and appreciating the relative laws are invaluable.

3. Why Louisiana is different

Louisiana follows a civil-law system. In many other states, a notary public primarily verifies signatures and administers oaths. In Louisiana, a commissioned notary who has passed the required qualifications and examination has much broader authority. In fact, a non-attorney Louisiana notary and an attorney who is also a commissioned notary generally have the same notarial powers. The difference is that a non-attorney notary cannot provide legal opinions, give legal advice, or represent clients in court.

4. Can a non-attorney notary prepare these documents?

Yes. For example, a Louisiana notary who is not an attorney can prepare:

• A power of attorney giving someone authority to handle your affairs.  (See my previous blog).

• A small succession affidavit to transfer certain property after someone's death.  (See my previous blog).

• An affidavit establishing heirship.

• A will stating how you want your property distributed.  (See my previous blog).

• An act of sale transferring ownership of real estate or personal property.

• A donation of property (corporeal and incorporeal) to a family member or other party.

  
  

However, the notary must understand the applicable law and prepare the document correctly. Not every situation qualifies for a particular document.

Also, ordinary notaries generally exercise their powers in the parish or parishes where they are commissioned; unless they have a statewide commission. Additionally, there is also what is called an ex-officio notary.  These notaries are only authorized to perform notary transactions directly related to the company that they are employed, i.e. the clerk of court. 

Finally, not all attorneys are notaries.  They must be adhere to similar processes as any Louisiana Civil Law notary would.  Confirm the notary's or attorney’s authority for the particular transaction.  You can check this information on the Louisiana Secretary of States website (https://www.sos.la.gov/notary/search-for-notaries).  Here you can search for a notary by name or even by zip code.

5. Louisiana laws worth knowing

These are particularly useful:

• Louisiana R.S. 35:2 – General powers of notaries

• Louisiana R.S. 37:212 – Definition of practicing law

• Louisiana Secretary of State – Notary information

  
  

6. If you are interested in providing notary services

There is a distinction between being a notary who simply notarizes signatures and being a Louisiana notary who prepares legal instruments.  There are some notaries that will only notarize auto title transfers and simple transactions that do not require any preparation of legal documents.  Those are what notaries call general notary work (“GWN”).  Then are other more experienced notaries who will prepare the legal documents themselves.

A Louisiana notary can offer a much broader range of services, including mobile, evening, and weekend appointments.

For example, a mobile notary could offer:

• Power of attorney preparation and execution.

• Small succession affidavits.

• Affidavits of heirship.

• Wills.

• Real estate documents.

• General contracts.

• Notarization of documents at a client's home.

  
  

The key is knowing which services are within the notary's legal authority and which require an attorney.