Colorado Notary Exam CO Notary Ethical Considerations 3 — Questions and Answers
Question 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:
- Explain since the question directly relates to the notarial act being performed
- Provide general information sourced from a reputable legal website
- Refer the client to a licensed attorney for legal advice (Correct answer)
- Explain the consequences informally as long as no additional fee is charged
Correct 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.
Question 2: A non-attorney Colorado notary's advertisement reads: 'Notary Services — Legal Document Preparation Available.' This advertisement is:
- A potential violation constituting unauthorized practice of law (Correct answer)
- Acceptable if the notary has several years of document preparation experience
- Acceptable with a clear disclaimer that no legal advice is provided
- Acceptable if no legal advice is actually given to clients
Correct 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.
Question 3: What is the maximum fee a Colorado notary may charge for a single traditional (in-person) notarial act?
- $2.50
- $5.00
- $10.00 (Correct answer)
- $15.00
Correct answer: $10.00
Colorado Revised Statutes cap the fee for each traditional notarial act at $10, though notaries may charge less.
Question 4: A Colorado notary advertises using the Spanish term 'Notario Público' to attract Spanish-speaking clients. This practice is:
- Required by professional courtesy when primarily serving Spanish-speaking communities
- Fully acceptable since it is a direct translation of 'notary public'
- Acceptable only if a Spanish-language disclaimer about limited authority is included
- Prohibited because it falsely implies the broader legal authority of a Latin American notary (Correct answer)
Correct 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.
Question 5: A client asks a non-attorney Colorado notary to fill in blank fields on a legal contract. The notary should:
- Refuse, as completing legal blanks may constitute unauthorized practice of law (Correct answer)
- Complete the blanks since it is a clerical task if the client directs the content
- Complete them only if the notary has prior experience with that type of contract
- Complete them if the client signs a hold-harmless agreement in advance
Correct 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.
Question 6: Which of the following is a clearly prohibited advertising practice for a Colorado notary who is not an attorney?
- Publishing a fee schedule on a personal website
- Advertising mobile or traveling notary services
- Using the title 'notario' to attract Spanish-speaking clients (Correct answer)
- Stating that the notary is bonded and commissioned
Correct 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.
Question 7: A Colorado notary charges $15 for a notarial act. The signer pays without complaint. Is this ethical?
- No, because Colorado's statutory fee cap is $10 per notarial act (Correct answer)
- Yes, because the client willingly agreed to and paid the fee
- Yes, if the prevailing local market rate for notary services exceeds $10
- No, only if the notary failed to disclose the fee amount before starting
Correct 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.
Colorado Notary Exam CO Notary Ethical Considerations 3
A client asks a Colorado notary (who is not an attorney) to explain the legal consequences of a document before signing.
The notary should: