Both lawyers and notaries can become family lawyers, it’s just that they represent different aspects of the law. Source: Pixabay Credit: Geralt As a law student in Indonesia, you need to be able to tell the difference between a lawyer and a notary and whether you will need a law scholarship. Many people think that lawyers and selicitors are interchangeable, but each fulfills a specific function in the legal system of the country that applies it.
A lawyer has three main functions: appearing in court (and making demands, of course!), Providing legal advice in writing or in person, and drafting documents for court.
Moreover, in the realm of lawyers’ work, there are two fundamental differences: a criminal attorney has little time to prepare before going to court, where he spends most of his work time. The job of a commercial attorney mostly includes working indoors, advising on legal ins and outs and writing opinion papers. It’s not as easy as it sounds! For example, a lawyer might specialize in maritime and shipping law, areas that concern dry shipping disputes and legal matters concerning the ship itself – collisions and / or salvage (wet shipping). A notary will not handle such matters; however, notaries have a wider scope in the field of law.
Notaries work directly with the public and their clients can be individuals or companies.
They can provide advocacy in criminal cases or assist in housing planning; draft a will or manage billions of rupiah worth of corporate mergers. Check out our legal glossary so you don’t get confused by the terms lawyers use. You might think of a notary as a case manager. Whatever your case – buying real property or resolving disputes, a notary will first give advice, and then look at the situation to completion. If your case description requires a specialist in any relevant legal aspect, expert legal advice may be obtained from an attorney. We will cover these areas of specialization below. Rest assured that your notary will not leave; instead he will find a lawyer on your behalf. Currently, there are far more notaries than lawyers, and these two types of lawyers certainly have their own advantages and disadvantages. Now you have an idea to think about whether you want to become a lawyer or a notary. Next, we will discuss the type of law you are in.
Special Field for Lawyers and Notaries
The following list includes the types of representation and processes both types of legal practitioners can undertake. Public Law addresses anyone who denies the benefits of social programs, from education to care for the elderly and people with special needs. Anyone who feels that they have been disenfranchised can seek legal representation from a lawyer who specializes in this field. Administrative lawyers should advise government agencies, such as the Ministry of Education and Culture and the Ministry of Transportation on laws regarding infrastructure and social programs such as education. The practice of this type of law can then converge again to more specialized specialties, such as waste disposal, energy use and resource allocation.
Over the past several decades, finance lawyers have been instrumental in reshaping banking law Source:Banking and Financial Law Meditations, both on a global and national scale, have been at the forefront of evolution in banking reform since the 2008 economic crisis. dealing with issues of a large scale, such as investigating regulations on bank loans or operating practices. Meanwhile, notaries manage more complex international financial arrangements, working in multiple jurisdictions. Say a company headquartered in Jakarta wants to expand into Europe or America. A notary public can advise their clients on the relevant financial laws in these countries and carry out correspondence on these matters for them.
A notary public can also handle bankruptcy filings, should you ever need to! Professional Negligence implies that a person in a particular profession has failed to provide the level of care or expertise required / expected of him / her. Clinical negligence, part of the professional negligence law, suggests that healthcare providers are not providing quality care. Usually, many doctors get this type of lawsuit against them. Negligence claims can occur on a small scale, worth tens of millions of rupiah (possibly due to financial advisors giving bad advice), or on a very large scale: catastrophic situations such as collapsing of buildings or compensation for widespread chronic injuries in the workplace. Although dealing with a variety of different aspects, other areas of law that are areas of practice for lawyers and notaries are:
• aviation and space
• civil and human rights cases
• personal injury law
• intellectual property law
• family law
• Criminal law
• corporate law
Of course, both types of attorneys have their own specialties in litigation that fall within their jurisdiction. Naturally, there are some areas of law that only lawyers deal with; and we’ve listed them in this handy table. Now, we will discuss notaries: what types of law do they practice and are not the areas of practice of lawyers?