No, attorneys are not all notaries public. A law license and a notary commission are separate credentials issued by different authorities, and passing the bar does not automatically make an attorney a commissioned notary. Many attorneys apply for a commission because it makes their practice more convenient, but they go through essentially the same application process as anyone else. A few states offer attorneys a shortcut, and a few give attorney-notaries broader authority once they are commissioned, but the commission itself always has to be applied for.
Why a Law License and a Notary Commission Are Separate
Attorneys earn their license by finishing law school and passing a state bar examination that tests legal knowledge, analytical reasoning, and ethics.1American Bar Association. Bar Exams Notary commissions come from a completely different authority, usually the Secretary of State’s office, and involve their own application, background check, and in many states a training course and exam focused on notarial procedures.
The two roles also do different jobs. A notary public is a state-appointed official who serves as an impartial witness when important documents are signed.2National Notary Association. What it Means to be a Public Official The work is narrow: check the signer’s identity, confirm they are signing voluntarily, and confirm they understand what they are signing. Notaries also administer oaths and certify acknowledgments. An attorney, by contrast, advocates for a client’s interests. Neutrality and advocacy can pull in opposite directions, which is one reason the credentials are kept apart.
It is worth flagging one common misunderstanding. A notary who is not also a licensed attorney cannot draft legal documents, explain what a contract means, or give legal advice. Doing any of that is unauthorized practice of law. This trips up people familiar with Latin American legal systems, where a “notario público” may hold law-degree-level authority to draft and verify legal documents. In the United States, a notary’s stamp says a neutral third party watched the signing; it does not say the notary vouched for the contents.
States That Give Attorneys a Shortcut
No state hands out a notary commission automatically with bar admission, but several make the process easier for licensed attorneys. Louisiana exempts attorneys in good standing from the notary examination, though they still have to apply and meet the other eligibility requirements. Ohio grants attorneys a lifetime notary commission once approved, instead of the periodic renewal other notaries have to file. These shortcuts recognize that an attorney’s training overlaps with what a notary needs to know, but the attorney still has to affirmatively seek the commission.
Can an Attorney Notarize for Their Own Client?
This is where the answer gets state-specific. The general rule almost everywhere is that a notary should not notarize a document in which they have a personal or financial interest beyond the notarization fee itself.3National Notary Association. What Notaries Need to Know About Disqualifying Interest An attorney who is collecting a legal fee for drafting a contract arguably has a financial interest in that contract getting signed. Whether that counts as a disqualifying conflict depends on the state.
Several states carve out explicit exceptions for attorney-notaries working with their own clients. New York permits attorneys admitted to practice there to notarize for their clients. Florida allows it as long as the attorney has no interest in the document beyond the fee for legal services or notarization. Kansas and California broadly permit attorney-notaries to handle transactions involving their clients. Nevada allows it when the attorney’s only compensation beyond the notary fee is for related legal services.
In states without those exceptions, an attorney who notarizes a document for their own client in the same matter risks having the notarization challenged or invalidated. That is why plenty of law firms keep a non-attorney staff member commissioned as a notary and route client documents to that person instead. It is a small step that heads off a much bigger problem later.
What Happens If an Attorney Notarizes Without a Valid Commission
An attorney who performs notarial acts without a current, valid commission faces trouble on two fronts. On the criminal side, most states treat unauthorized notarial acts, including acts performed after a commission has expired, as a misdemeanor carrying fines and possible jail time.
The professional consequences can be worse. Notarial misconduct violates professional conduct rules and can lead to bar discipline ranging from a public reprimand to suspension to disbarment. Courts have been especially harsh where the misconduct was self-serving. In one Oregon case, an attorney was disbarred after notarizing backdated deeds using an expired commission, and faced charges of solicitation and false swearing on top of the notarial violations.
There are practical fallout risks too. A document notarized by someone without a valid commission can be invalidated by a court or rejected by a recorder of deeds. Real estate closings can unravel, powers of attorney can be challenged, and business transactions can stall because the notarization was not authorized to begin with.
What This Means If Your Attorney Is Handling Your Document
If you are working with an attorney and a document needs notarization, do not assume the attorney can handle the notarization themselves just because they are a lawyer. Ask directly whether they hold a current notary commission. Ask whether your state permits them to notarize a document they drafted or have a financial stake in. If the answer to either question is no, the firm will usually have another staff member who is commissioned, or will refer you to an outside notary.
For the attorney, the practical guardrails are simple: know your state’s conflict rules before notarizing for a client, track your commission’s expiration date closely, and keep a detailed journal of every notarial act even if your state does not require one. Legal malpractice policies do not always cover notarial acts, so a separate notary errors and omissions policy is often worth carrying. And when you pick up the stamp, the advocacy role pauses. Your job in that moment is to verify identity and willingness, and to stop the signing if something feels coerced or the signer seems confused, even if the client’s case would move along faster if you did not.