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  4. Notary or attorney?

Notary or attorney?

Many notaries specialize in business law.

Both these professionals undergo basic law training that allow them to practice business law. However, it would depend on their further specialization as well as their hands-on experience that would make either one experts in these fields.

Just as not all attorneys are specialized in business law, you would need to check beforehand if your notary practices this type of law. If not, your notary could recommend a colleague as there are a great number of notaries specializing in this field.

A notary always tries to find a middle ground that benefits both parties.

A notary is an impartial legal expert, due to his or her professional training and allegiance, who must try to avoid conflicts. A notary’s first instinct would be to find some common ground that would benefit all parties. If agreements or documents need to be signed, the notary can also authenticate them, making them much more difficult to dispute, and the notary would also safeguard the original copies.

Before taking the final step of seeking remedy before the courts, a notary can look for solutions with you and have you consider other means of settlement, such as mediation, conciliation or arbitration. A number of notaries are civil and commercial mediators and some are even arbitrators.

Moreover, a notary does not always have to represent both parties. If it falls within the scope of the notary’s mandate, he or she can represent a single client and act as the legal advisor solely for that client. For example, during a commercial lease negotiation, the lessor may be represented by one notary and the tenant by an attorney or by another notary.

Notaries always tries to find a middle ground that is advantageous to both parties.

As a result of their professional training and position, notaries are impartial legal professionals who must try to avoid conflicts. Their first reflex is therefore to find a middle ground that is advantageous for everyone. If agreements or documents have to be signed, notaries can confer authenticity on them, which makes them more difficult to challenge. The notary must also keep the original.

Before having recourse to the courts, which is the last option, notaries can explore different solutions with you. For example, your notary may suggest a settlement method like mediation, conciliation or arbitration. A number of notaries act as civil and commercial mediators, and some are even arbitrators.

Notaries do not always have to represent both parties. Should their mandate require it, notaries can represent a single client and thus act as legal counsel for that client only. For example, when negotiating a commercial lease, the lessor could be represented by a notary, while the lessee could be represented by a lawyer or another notary.

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