Analysing the role of a notary public as distinct from that of an advocate

Abstract

The functions of notaries and advocates are crucial in the legal sphere. Although they are both legal professionals and offer numerous legal services, their roles are distinct and this is often confusing to the general public. Choosing between an advocate and a notary depends on the services one requires and at times, an individual expects a particular service from an advocate or a notary when such service does not fall within their remit or falls within the remit of one and not the other. The first section of this professional report gives an outline of the general functions pertaining to notaries and advocates alike. Whilst notaries are Public Officers, advocates are Court Officials. Hence a comparison is carried out between the public faith and liberal attributes of notaries and the duties of advocates as officers of the Court. In the second section of the report the author will pinpoint the salient features which exist in the Code of Ethics available for the Notarial Profession together with the Code of Ethics and Conduct for Advocates. Inter alia these being impartiality, independence, professional secrecy and conflict of interest, all being highly relevant ethical principles in the legal field and which must be rigorously followed by such professionals. Despite several legal provisions and ethical principles outlining the duties of such professionals, court judgements relating to professional misconduct (including fraud and misappropriation of funds) by notaries and negligent acts performed by lawyers are still delivered highlighting in great detail the responsibilities of these professionals. The last section makes reference to judgements which outline the distinction between the roles of these two professions being that of a Notary Public and a Lawyer. The objective and aim of this Professional Report is to shed light on notarial duties and functions belonging to advocates, whilst putting forward proposals for legislative amendments to further guide advocates and notaries in the performance of their functions.