Colorado Notary Exam Unauthorized Practice of Law 2

Question 1

A customer asks a Colorado notary to help fill out a last will and testament form. The notary should:

Accepted Answer

Decline and refer the customer to a licensed attorney

Answer

Assisting with a will—even a form—constitutes 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:

Accepted Answer

Decline and direct the parties to an attorney or title company

Answer

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?

Accepted Answer

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

Answer

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:

Accepted Answer

Unauthorized practice of law

Answer

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 deed—warranty or quitclaim—is best for their property transfer. The notary should:

Accepted Answer

Decline to advise and suggest the client consult an attorney

Answer

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

Colorado Notary Exam Practice Test

Colorado Notary Exam Practice Test

Colorado Notary Exam Unauthorized Practice of Law 2