Unauthorized Practice of Law in Colorado
Contents
Overview
Attorney involvement is not required for most aspects of title insurance transactions in Colorado. Document preparation is likely permitted so long as the person involved is performing escrow functions in the state and limiting themselves to filling in the blanks rather than adding or altering any legal language. No charge should be rendered for such a service when performed by an agent. Anything else should be referred to a licensed Colorado attorney.
Sources
- Conway-Bogue Realty Investment Co. v. Denver Bar Ass’n, 312 P.2d 998, 135 Colo. 398 (1957).
Title Searching
Title Searches are not required to be done by or supervised by attorneys in Colorado.
Title Examination
Title Examinations is not required to be done by or supervised by attorneys in Colorado.
Attorney Title Certifications
Attorney Title Certifications are not required in Colorado.
Attorney Title Opinions
Attorney Title Opinions are not required in Colorado.
Document Preparation
In Colorado, title companies and their agents may prepare standardized document forms such as deeds and other documents in connection with the issuance of a title insurance policy. Anything that goes beyond filling in the blanks of any document that will be sent for recording should be referred to a licensed Colorado attorney. Agents should not charge for preparing any such documents.
Research Summary
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. Conway-Bogue Realty Investment Co. v. Denver Bar Ass’n, 312 P.2d 998, 135 Colo. 398 (1957) (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. Id.
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.
