Unauthorized Practice of Law in Colorado

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Revision as of 19:57, 20 August 2018 by Davidjenkins (talk | contribs)

Overview

Attorney involvement is not required for most aspects of title insurance transactions in Colorado.

Sources

  • Conway-Bogue Realty Investment Co. v. Denver Bar Ass’n, 312 P.2d 998, 135 Colo. 398 (1957).

Title Searching and Examination

Title Searches and Title Examinations are not required to be done by or supervised by attorneys in Colorado except for document preparation.

Document Preparation

The Colorado Supreme Court has held that the preparation of a sales contract, deed, deed of trust, mortgage, or promissory note by someone other than the immediate parties constitutes the practice of law. (TIRS, 2017). The same court, however, held that the filling blanks into standardized forms by a real estate broker did not constitute the unauthorized practice of law.

Closings and Escrow

Closings are not required to be done by or supervised by attorneys in Colorado.

Parties to a closing are not required to be represented by attorneys in Colorado.

Disbursement

Disbursement of files in Colorado is not required to be done by or supervised by attorneys.

Recording

Document recording in Colorado is not required to be done by or supervised by attorneys.

Other

N/A.

Cross-References