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CO Notary Ethical Considerations Flashcards

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  1. A client asks a Colorado notary (who is not an attorney) to explain the legal consequences of a document before signing. The notary should:

    Answer: Refer the client to a licensed attorney for legal advice

    Explaining legal consequences constitutes the practice of law; non-attorney notaries in Colorado must refer clients to licensed attorneys for such questions.

  2. A non-attorney Colorado notary's advertisement reads: 'Notary Services — Legal Document Preparation Available.' This advertisement is:

    Answer: A potential violation constituting unauthorized practice of law

    Advertising legal document preparation services implies legal expertise that non-attorney notaries do not possess, potentially constituting unauthorized practice of law.

  3. What is the maximum fee a Colorado notary may charge for a single traditional (in-person) notarial act?

    Answer: $10.00

    Colorado Revised Statutes cap the fee for each traditional notarial act at $10, though notaries may charge less.

  4. A Colorado notary advertises using the Spanish term 'Notario Público' to attract Spanish-speaking clients. This practice is:

    Answer: Prohibited because it falsely implies the broader legal authority of a Latin American notary

    Colorado law prohibits using 'notario' because in Latin American legal tradition a notario has extensive legal authority, which could mislead Spanish-speaking clients.

  5. A client asks a non-attorney Colorado notary to fill in blank fields on a legal contract. The notary should:

    Answer: Refuse, as completing legal blanks may constitute unauthorized practice of law

    Completing blanks in a legal document goes beyond ministerial tasks and may constitute unauthorized practice of law for a non-attorney notary in Colorado.

  6. Which of the following is a clearly prohibited advertising practice for a Colorado notary who is not an attorney?

    Answer: Using the title 'notario' to attract Spanish-speaking clients

    Colorado law specifically prohibits non-attorney notaries from using the term 'notario' because it falsely implies legal authority beyond that of a U.S. notary public.

  7. A Colorado notary charges $15 for a notarial act. The signer pays without complaint. Is this ethical?

    Answer: No, because Colorado's statutory fee cap is $10 per notarial act

    Colorado sets a hard statutory cap of $10 per notarial act; client agreement and local market rates cannot override this limit.