Colorado Notary Exam Unauthorized Practice of Law 2 â Questions and Answers
Question 1: A customer asks a Colorado notary to help fill out a last will and testament form. The notary should:
- Complete it since standard forms are not legal documents
- Decline and refer the customer to a licensed attorney (Correct answer)
- Complete only the blanks the customer dictates word-for-word
- Complete it for free since no fee removes the legal risk
Correct answer: Decline and refer the customer to a licensed attorney
Assisting with a willâeven a formâconstitutes practicing law and is prohibited for non-attorney notaries in Colorado.
Question 2: A Colorado notary is asked to prepare a quitclaim deed transferring property between siblings. The notary should:
- Prepare it since quitclaim deeds are simple standard forms
- Prepare it only if no money is exchanged in the transfer
- Decline and direct the parties to an attorney or title company (Correct answer)
- Prepare it and add a disclaimer that they are not an attorney
Correct 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.
Question 3: Which of the following activities is NOT considered unauthorized practice of law for a Colorado notary?
- Selecting which legal form best fits a customer's situation
- Certifying a photocopy of a non-vital document as a true copy (Correct answer)
- Advising which documents are required for a real estate closing
- Explaining the legal effect of signing a power of attorney
Correct 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.
Question 4: A Colorado notary who is not an attorney advertises 'legal document preparation' services. This is most likely:
- Lawful as long as the notary does not charge for advice
- Unauthorized practice of law (Correct answer)
- Permitted if the notary refers clients to attorneys for review
- Allowed under the notary's broad authority to assist the public
Correct answer: Unauthorized practice of law
Offering legal document preparation services without an attorney license constitutes unauthorized practice of law in Colorado.
Question 5: A client asks a Colorado notary which type of deedâwarranty or quitclaimâis best for their property transfer. The notary should:
- Recommend a warranty deed since that is the most common choice
- Explain the general differences and let the client decide
- Decline to advise and suggest the client consult an attorney (Correct answer)
- Answer since the question involves only general public information
Correct 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.
Question 6: A Colorado notary may fill in blanks on a legal form without engaging in UPL when:
- The notary uses professional judgment to determine appropriate content
- The client dictates all information and the notary acts only as a scribe (Correct answer)
- The form is a government-issued standard document
- The notary provides no explanation of the completed content
Correct answer: The client dictates all information and the notary acts only as a scribe
A notary acting strictly as a scribeârecording exactly what the client directsâdoes not engage in the practice of law.
Question 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:
- Review it and note obvious errors as a customer service courtesy
- Review it only if the customer signs a liability waiver first
- Decline and advise the customer to consult an attorney (Correct answer)
- Review only the signature block to ensure proper execution
Correct 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.
Colorado Notary Exam Unauthorized Practice of Law 2
A customer asks a Colorado notary to help fill out a last will and testament form.
The notary should: