1, the legal effect is different: the notarial certificate is a legal document issued by a notary office, and the notarial certificate is a legal document issued by a lawyer. The legal effect of notarization is greater than that of proof.
2. The content and nature are not exactly the same: the notarial certificate is a judicial certificate made by the notary office according to the application, facts, laws and legal procedures of the parties; Witness testimony is a legal document made by a lawyer at the request of a party to prove the authenticity and legality of the legal facts or legal acts he has seen with his own eyes.
3, the role in the court is not exactly the same: the notary office has no right to revoke notarization, only to adopt and not to adopt; After seeing the certificate, the court can cancel its legal effect according to the specific facts.
4. International recognition is different: notarial certificates are also recognized and used in international affairs; See certificate is rarely adopted internationally.
Second, what is the working procedure for lawyers to witness cases?
1. When the parties accept the entrustment and sign the entrustment witness contract, they shall submit certificates that can prove their identity, explain the matters entrusted to witness, and submit relevant documents, materials and evidence.
2. In this process, lawyers should make records and examine whether the entrusted matters belong to the scope of witness. For those who meet the witness conditions, the law firm signs an entrusted witness contract with the parties; If the witness does not meet the conditions of lawyer's witness or does not belong to the scope of lawyer's witness, and the witness is untrue and illegal, it will not be witnessed. Review. After accepting the entrustment, lawyers should carefully examine the materials provided by the parties, which is a necessary procedure for witnessing.
3. The contents of the review include the identity of the parties and their agents, various materials provided by the parties, the legal act itself and all other relevant materials, and the authenticity and legality of the act. After examination, if a lawyer thinks that there are imperfections or doubts, he should promptly ask the parties to make necessary supplements, or conduct necessary investigations according to the situation and collect relevant evidence and materials.
4. Witnesses. The hired witness lawyer came to the scene to witness the completion of specific legal acts. In this process, it is not necessary for lawyers to analyze, judge and reason, and it is the duty of lawyers to respect objective facts. At this stage, the production of lawyers' transcripts, audio recordings and videos is the key point that lawyers should grasp.
5. Express the opinions of witnesses. If the witness witnessed by a lawyer is true and legal, the lawyer shall issue a lawyer's witness within the time limit stipulated in the entrustment witness contract, the lawyer shall sign the witness certificate, and the law firm shall affix its seal to the witness certificate.
Three. What is the charging standard of lawyer's witness fee?
1. Attorney fees are divided into four ways: piece rate fee, proportional fee, time fee and negotiation fee.
2. All lawyers can collect legal service fees by time or negotiation. If the legal service fee is charged through negotiation, the parties and the law firm may negotiate the specific amount of the fee according to the nature of the business, the target amount, the degree of major difficulties, the practice risk and other factors.
3. Lawyers with simple business and small amount can charge by piece.
4. The lawyer witnessed two goals:
(1) means that the behavior of the parties should be true, and there is no fraud, coercion or misunderstanding. Therefore, lawyers should interview the parties, consult and verify the original materials;
(2) The actions of the parties concerned should be legal, and there is no violation or evasion of the law. Therefore, lawyers should carefully consult all relevant laws, regulations, rules and various normative documents. Only when the behavior of the parties is true and legal, the lawyer will issue a lawyer's witness.
The above introduces the difference between certificate and notarial certificate for everyone. There are obvious differences between certificate and notarial certificate in legal effect, content and nature, court function and international recognition. Lawyers' witnesses mainly help the parties to provide legal proof in litigation. Only when the behavior of the parties and the information provided are true and reliable will the lawyer issue a witness certificate.