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Unauthorized Practice of Law Flashcards

7 cards from real Colorado Notary Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Unauthorized Practice of Law flashcards as text
  1. A customer asks a Colorado notary to help fill out a last will and testament form. The notary should:

    Answer: Decline and refer the customer to a licensed attorney

    Assisting with a will—even a form—constitutes practicing law and is prohibited for non-attorney notaries in Colorado.

  2. A Colorado notary is asked to prepare a quitclaim deed transferring property between siblings. The notary should:

    Answer: Decline and direct the parties to an attorney or title company

    Drafting or selecting legal instruments such as deeds is the practice of law, regardless of the relationship of the parties or simplicity of the form.

  3. Which of the following activities is NOT considered unauthorized practice of law for a Colorado notary?

    Answer: Certifying a photocopy of a non-vital document as a true copy

    Copy certification is a recognized notarial act; selecting forms or giving legal advice are functions reserved for attorneys.

  4. A Colorado notary who is not an attorney advertises 'legal document preparation' services. This is most likely:

    Answer: Unauthorized practice of law

    Offering legal document preparation services without an attorney license constitutes unauthorized practice of law in Colorado.

  5. A client asks a Colorado notary which type of deed—warranty or quitclaim—is best for their property transfer. The notary should:

    Answer: Decline to advise and suggest the client consult an attorney

    Advising which legal instrument to use for a client's specific situation is legal advice that only a licensed attorney may provide.

  6. A Colorado notary may fill in blanks on a legal form without engaging in UPL when:

    Answer: The client dictates all information and the notary acts only as a scribe

    A notary acting strictly as a scribe—recording exactly what the client directs—does not engage in the practice of law.

  7. A Colorado notary is asked to review a lease agreement and tell the customer if there are any 'legal problems' with it. The notary should:

    Answer: Decline and advise the customer to consult an attorney

    Evaluating a document for legal problems is a legal opinion that only a licensed attorney may render.