Summary Rules Summary
A handy and dandy summary (and annotation) of
The new Colorado Rules of Professional Conduct.
Effective January 1, 2008.
Part 1—Client-Lawyer Relationship
1.0
Terminology: The section defines belief, confirmed in writing, law firm, fraud, informed consent, knowingly, partner, reasonable, reasonable belief, reasonably should know, screened (ethical wall), substantial, tribunal, and a writing.1.1 Competence: Don’t be incompetent. Have the "knowledge, skill, thoroughness, and preparation reasonably necessary."
1.2 Scope of Representation and Allocation of Authority between Client and Lawyer: (a) We must abide by the client’s scope and objectives. We must consult as to the means. We have apparent authority. The civil client decides whether to settle. The criminal client decides whether to plead, go to jury, and testify. See Opinion 114, footnotes 14 & 15. (b) Our representation, including appointments, is not an endorsement. (c) We can reasonably limit representation after informed consent. (Federal Rules contra. —see C.R.C.P. 11(b) and 311(b)) (d) Don’t help clients plan crimes or fraud, but we may counsel as to consequences and help analyze the law.
1.3 Diligence: Be diligent and prompt
.1.4 Communication
: (a)(1) Promptly inform the client about "informed consent" decisions. (2) Reasonably consult about means. (3) Reasonably inform about status. (4) Promptly comply with reasonable information requests. (5) Explain relevant ethical limitations. (b) Explain to the client "to the extent reasonably necessary for informed decisions."1.5 Fees: (a) Fees and expenses must be reasonable. Consider (1) the time and labor required, novelty and difficulty, and skill, and (2) if the client understands, the likelihood that the work will limit our other work, (3) the local customary fee, (4) the amount involved and the results (5) the time limitations, (6) the client relationship, (7) the lawyer’s experience, reputation, and ability, and (8) if the fee is contingent or fixed. (b) We must send a writing to new clients, or a writing must get to the client, describing the fee and expenses. (c) Contingent fees are okay unless they aren’t. (Chapter 23.3) (d) Except in a rule 1.17 law-practice sale, we can’t split a fee with a non-firm attorney, unless the split is proportional to services or responsibility, the "client’s agreement is confirmed in writing", and the total fee is reasonable. (e) Referral fees are prohibited. (f) Fees are earned when we "confer a benefit" or perform a service. Unearned, advance fees are client property and must be in a Rule 1.15(f)(1) trust account, or non-cash property held separately. (Rule 1.15(a) COLTAF). (g) Nonrefundable fees and retainers are prohibited. (Sather case) We can’t restrict a client’s right to terminate, and can’t unreasonably restrict a refund.
1.6 Confidentiality of Information:
(a) We shall not reveal information relating to representation, unless the client gives informed consent, or the disclosure is implicit. (b) We may disclose (1) to prevent reasonably certain death or substantial bodily harm, (2) the client’s criminal intent and information necessary to prevent a crime, (3) to circumvent a client who used our services to commit fraud reasonably certain to cause substantial financial injury, (4) when we find out after the crime or fraud has been committed, (5) to get legal advice for ourselves, (6) to protect ourselves, or (7) to "comply with other law or a court order."1.7 Conflict of Interest: Current Clients (a) No concurrent conflicts: (1) We can’t represent adverse clients. (2) Nor if there’s a significant risk representation will be materially limited by a client, a former client, a third party, or our personal interest. (b) But concurrent conflicts are okay if (1) we reasonably believe we can be competent and diligent to all, (2) there’s no law against it, (3) one client isn’t claiming against another in that litigation, and (4) everybody gives informed consent "confirmed in writing."
1.8 Conflict of Interest: Current Client: Specific Rules: (a) We can’t have client business partners or buy client-adverse property, unless (1) it’s fair and disclosed in writing, (2) we inform in writing "the desirability" of talking to another attorney, and (3) the client gives written informed consent. (b) We can’t use client information to her disadvantage without informed consent. (See Rules 1.6 Confidentiality and 3.3 Candor) (c) We can’t solicit a substantial gift or draft a non-related client will or gift agreement to our or our relatives’ substantial benefit. (d) We can’t negotiate media rights for ourselves during employment. (e) We can’t give up-front money (champerty) except for litigation costs and expenses, which may be contingent on success. If the client’s indigent, we can pay for that. (f) If we are paid by a third party, (1) the client must give informed consent, (2) there can be no interference, and (3) we can’t reveal confidences. (g) Settling one claim for two clients requires informed consent, a client-signed writing, and much disclosure. (h)(1) Don’t prospectively limit malpractice unless the client has another attorney. (2) Don’t settle a claim without written notice about consulting and reasonable time to consult another attorney. (i) Don’t take a proprietary interest in the lawsuit, except for (1) a legal fee-lien or (2) a reasonable contingency agreement. (j) Don’t sleep with clients who you weren’t sleeping with before they were clients. (k) This Rule 1.8 (except a & j) is subject to vicarious prohibition in your firm.
1.9 Duties to Former Clients: (a) Don’t represent a new client against an old client in a substantially related matter in which the parties are materially adverse, without old client consultation and informed consent, "confirmed in writing". (b) Don’t switch firms and then knowingly represent a new client in the same or a substantially related case in which your old firm represented a client, if (1) the old client’s interests are materially-adverse, and (2) you acquired from the old client material 1.6 and 1.9(c) information, unless you get old client informed consent, "confirmed in writing". (See 1.10(b)) (c) (1) Don’t use prior-client representation-related information against the client, unless it becomes public. (2) Don’t reveal any information about the prior-client except as Rules (such as 1.6 or 3.3) would permit or require.
1.10 Imputation of Conflicts of Interest: General Rule: (a) If we can’t represent, our partner can’t knowingly represent either, except for one-lawyer, personal-interest, non-significant risk conflicts. This rule is limited to Rules 1.7 and 1.9. But see 1.8(k). (b) If we leave the firm, the firm may then represent adverse clients unless the matter is (1) the same or substantially related and (2) any remaining lawyer has material 1.6 (confidentiality) or 1.9(c)(former client) information. (c) Rule 1.10 disqualification can be Rule 1.7-waived. (d) Look at Rule 1.11 for government lawyer disqualification. (e) If a new lawyer to our firm is 1.9-disqualified, everybody is disqualified, unless: (1) the new lawyer didn’t substantially participate, (2) the new lawyer is timely screened and gets no part of the fee, (3) the new lawyer gives prompt written notice with screening details to the old client and his lawyers, and, (4) then new lawyer and partners reasonably believe the screen will work.
1.11 Successive Government and Private Employment: (Revolving door). Except as law may otherwise expressly permit, (a) (1) A former government attorney is subject to Rule 1.9(c). (former client information) (2) If he participated personally and substantially in a matter, he can’t go private and switch sides, without government consent. (b) Our new partners can’t begin or continue to be adverse, unless (1) the new lawyer is timely screened and gets no part of the fee, (2) the new lawyer gives prompt written notice with screening details to the old client and his lawyers, and, (3) then new lawyer and partners reasonably believe the screen will work. (c) Except as law may otherwise expressly permit, if we have confidential government information (defined here) from government employment about a person, we can’t use it against them to their material harm, for our private client. Our partners can’t represent that private client unless the new lawyer is timely screened and gets no part of the fee. (d) Except as law may otherwise expressly permit, (1) a current government attorney is subject to Rules 1.7 and 1.9. and (2) can’t (i) participate in a matter where we had substantial, personal, private participation unless the government gives informed consent, confirmed in writing. (ii) We can’t negotiate for private work with a party or party attorney if we have substantial, personal participation in their case, unless we are a law clerk and fit under Rule 1.12. (Former judge). (e)
1.12 Former Judge, Arbitrator, Mediator, or other Third-Party Neutral: (a) Expect as in (d) below, if we were personally and substantially the judge we can’t become the same-case attorney, without all-party, informed consent, confirmed in writing. (b) We can’t ask parties for a job. Law clerks can if the judge knows. (c) The previous judge’s law partners may also not knowingly represent unless (1) the new lawyer is timely screened and gets no part of the fee, (2) the new lawyer gives prompt written notice with screening details to the old client and his lawyers, and, (3) then new lawyer and partners reasonably believe the screen will work. (d) A multi-member arbitration panel member/arbitrator representing a client can later represent the client.
1.13 Organization as Client: (a) If we work for a company we represent the company. (b) If we catch an officer, shareholder, or etc. violating a legal obligation to the company or violating a law the company reasonably could be blamed for, and which will likely cause substantial company injury, we shall "proceed as is reasonably necessary in the best interest of the organization." Unless we "reasonably believe that it is not necessary in the best interest of the organization", we bump the information up the ladder, to the top if necessary. (c) Except as in (d) below, (1) if the problem is not resolved at the top and it’s a clear legal violation (2) and will reasonably certain to cause the company substantial injury, we may reveal information as under Rule 1.6 (confidences), but only that information sufficient to prevent the substantial injury. (d) This doesn’t apply to internal legal-violation investigations, or to criminal defense of the company or its agents. (e) If we are fired or quit because of (b) or (c) above, we shall act reasonably to assure that the information get to the top. (f) We shall disclose to shareholders, officers, etc. who have adverse interests, that our client is the company. (g) We may represent an officer, shareholder, etc. in other matters, but see Rule 1.7. If that representation requires company consent, get consent from somebody other than the new client.
1.14 Client with Diminished Capacity: (a) If our client’s capacity to make adequately-considered representation-decisions is diminished we shall, as far as is reasonably possible, act as usual. (b) If our diminished-capacity client is at risk of any harm if there’s no action, and he can’t adequately act, we may take reasonable protective action. That includes consulting with helping agencies and seeking a guardian ad litem, conservator, or guardian. (c) This implies Rule 1.6-exception release of client information, but only to the extent necessary.
1.15 Safekeeping Property (COLTAF Rule – much abbreviated): (a) We shall hold clients’ and 3rd parties’ property separately. Funds must be held in Colorado unless we have consent. Other property must be identified and be kept safe. Records must be preserved 7 years after termination. (b) If we hold client funds claimed by the client or another, we will disburse them and if requested, do an accounting, or (c) keep them separate if there is a contest. (d) Every private attorney shall have (1) a COLTAF account and (2) a business account. Also parts (e) to (m). Very detailed rule.
1.16 Declining or Terminating Representation: (a) Except as in (c) below, we must not represent a client, or continue to represent, (1) if that breaks an Ethics Rule or the law, or (2) if our physical or mental health materiality impairs the representation, or (3) if we are fired. (b) We may withdraw or request the court to permit withdrawal (1) if there’s no material adverse client effect, (2) using our services, the client’s breaking the law or committing fraud, (3) the client did that in the past, (4) the client insists on repugnant or fundamentally disagreeable action, (5) the client doesn’t pay after warning, (6) the employment becomes unreasonably financially burdensome or the client makes the employment unreasonably difficult, (7) there is other good cause. (c) We can’t withdraw if the judge says no. (d) After termination protect the client’s interests; giving reasonable notice, giving reasonable time for new counsel, surrendering papers/property, and refunding unearned fees. The attorney’s lien is okay.
1.17 Sale of Law Practice: We may sell or purchase a business or area of practice, including good will, if: (a) the seller quits the law or the area of law, (b) the whole business or area of practice is sold, (c) the seller gives notice to the client (at the last known address) regarding (1) the proposed sale, (2) the client’s right to hire other counsel or take the file, and (3) that the client has to act within 60 days. (d) The fees can’t go up.
1.18 Duties to Prospective Clients: (a) A prospective client is anybody who talks to you about possibly hiring you. (b) Even if she doesn’t hire you, you can’t use or reveal her consultation information, except under Rule 1.9 (former clients) (c) You then can’t represent other clients with materially adverse interests in the same or substantially related matter. The lawyer’s partners are similarly prohibited. (d) But the intake lawyer may still represent if, (1) both the prospective client and the adverse client give informed consent, confirmed in writing, or, (2) the firm may still represent if the intake lawyer reasonably took only the minimum information on intake, and (i) the intake lawyer is timely screened and gets no part of the fee, and (ii) written notice "is promptly given to the prospective client. "
Part 2--Counselor
2.1 Advisor: We shall use independent judgment and be candid. We may explore moral, economic, social, etc. considerations. We should advise about ADR.
2.2 Intermediary: (Repealed)
2.3 Evaluation for Use by Third Persons: (Opinion Letter) (a) We may do such an evaluation if we reasonably believe it is compatible with our client responsibilities. (b) If we reasonably should know our letter will materially affect the client, the client must give informed consent. (c) Except for disclosure in the report, we must otherwise protect Rule 1.6 confidentiality.
2.4 Lawyer Serving as Third-Party Neutral: (a) That’s defined as assisting two or more parties who are not clients. This may include being an arbitrator or mediator. (b) We must inform the parties they aren’t our clients. If we reasonably should know they don’t understand, we shall explain the difference between a third party neutral and attorney-client relationships.
Part 3--Advocate
3.1 Meritorious Claims and Contentions: We shall not bring or defend, assert or controvert, proceedings or issues without a non-frivolous basis, unless we have a good faith argument for extension, modification, or reversal. In a criminal or incarceration case, we may defend to make the elements be proven.
3.2 Expediting Litigation: But only consistently with our client’s interests.
3.3 Candor Toward the Tribunal: (a) We shall not knowingly to a tribunal, (1) falsely state material facts or law or fail to correct what we previously said, (2) fail to disclose directly adverse, local legal authority not disclosed by our opponents, (3) offer false evidence or fail to reasonably remediate, including telling the judge, whether previously offered by the lawyer, the client, or a client’s witness. We may refuse to offer evidence we reasonably believe is false, other than a criminal defendant’s testimony. (b) If we do a "adjudicative proceeding" we must remediate the proceeding-related criminal or fraudulent conduct of anybody, including telling the judicial officer. (c) These duties continue to proceeding’s conclusion regardless of Rule 1.6. (confidentiality) (d) In an ex parte hearing, we shall disclose all material facts to the court, including adverse facts.
3.4 Fairness to Opposing Party and Counsel: We shall not (a) unlawfully obstruct a party’s access to evidence or alter, conceal, or destroy evidence or get another to do that, (b) falsify evidence, counsel or assist witness perjury, or bribe a witness, (c) knowingly disobey a tribunal rule, except openly, (d) frivolously request discovery or fail to diligently comply with legal, proper discovery requests, (e) in trial, raise irrelevant evidence, assert personal knowledge except when a witness, or state our opinion as to the justness of a cause, witness credibility, or the culpability, guilt, or innocence of a litigant, or, (f) ask a non-client person to not talk to others unless (1) the person is a client relative, employee or agent and no other law prohibits, and (2) not talking won’t harm the person’s interests.
3.5 Impartiality and Decorum of the Tribunal: We shall not (a)(b) illegally seek to influence, or without legal or court authority communicate ex parte during a proceeding, with judges, jurors, prospective jurors, or officials, nor (c) communicate with jurors after trial if (1) prohibited by law or order, (2) the juror says no, (3) or the communication is likely to demean, embarrass or criticize. We shall not disrupt a tribunal.
3.6 Trial Publicity: (a) We and our associates can’t talk outside of court to the media if we know or reasonably should know that talking will very likely materially prejudice an adjudicative proceeding. (b) (There are many specific exceptions.) (c) We may reasonably speak to protect our client against publicity we didn’t cause, but no more than that. (d) Our associates can’t either.
3.7 Lawyer as Witness: (a) We can’t be trial advocates if we are a likely, necessary witness, unless (1) the testimony is uncontested, (2) is about billing, or (3) is necessary to avoid disqualification that is a substantial hardship to the client. (b) Our firm attorneys may be witnesses unless prohibited by Rules 1.7 (current client loyalty) or 1.9 (former client loyalty.
3.8 Special Responsibilities of a Prosecutor: Criminal prosecutors shall (a) require probable cause and (b) reasonably assure the defendant’s been advised of procedures for and has had time to obtain counsel. (c) a prosecutor shall not try to obtain waiver of important pretrial rights from a pro se defendant. (d) The prosecutor shall timely disclose offense-adverse or mitigating, and sentence-mitigating evidence unless there’s a protective order and (e) The prosecutor shall not subpoena an attorney to disclose confidential client information in a grand jury or criminal proceeding unless with reasonable belief, (1) the information is not privileged, (2) is essential to prosecution or investigation, and (3) there’s no feasible alternative. (f) A prosecutor may inform the public of the nature and extent of the prosecution, if that "serves a legitimate law enforcement purpose." Outside the courtroom, the prosecutor can’t make comments substantially likely to "heighten public condemnation," and must prevent employees from violating Rule 3.6 or this rule.
3.9 Advocate in Nonadjudicative Proceedings: In legislative or administrative tribunals we must disclose our role as advocate. We must comply with Rules (3.3(a)(1), 3.3(a)(3), 3.3(b), and 3.4(a) and (b).
Part 4--Transactions With Persons Other Than Clients
4.1 Truthfulness in Statements to Others: When representing clients (a) we shan’t knowingly lie to a third party about facts or law. (b) We must disclose material facts to third persons so as to not knowingly assist our client’s crime or fraud, unless the facts are confidential under Rule 1.6. (c.f. Rule 3.3. which does not except out Rule 1.6 confidentiality for candor to the court.)
4.2 Communication with Person Represented by Counsel: Without consent or legal authority, and during representation of a client, we can’t talk to other-side clients if they are attorney-represented in the matter, unless authorized by law or court order. (Ethics Opinion 69— The other side’s employees)
4.3 Dealing with Unrepresented Persons: On behalf of a client, we can’t imply to pro se persons that we are disinterested, we must reasonably correct the person’s misunderstanding of our role, and we may not give them legal advice except to get an attorney, if the pro se person’s interests are reasonably in conflict.
4.4 Respect for Rights of Third Persons: (a) In representation, we may not act merely to embarrass, delay, burden, or violate the legal rights of third persons, without substantial purpose. (b) If we reasonably should know a received document about our client was miss-sent, we shall promptly notify the sender. (c) Unless permitted by court order, if we haven’t read it and the sender says it was miss-sent, we don’t read it and follow the sender’s instructions.
4.5 Threatening Prosecution: (a) In civil matters, we can’t threaten criminal, administrative, or disciplinary charges to gain an advantage or participate in presenting criminal, administrative, or disciplinary charges solely to gain an advantage. (b) It’s okay to tell the other side, reasonably, that their behavior violates rules or statutes. (safe harbor added 1997 – Colorado-only rule)
Part 5—Law Firms and Associations
5.1 Responsibilities of a Partner of Supervisory Lawyer: (a) Partners and (b) direct supervisors must reasonably ensure ethical conformance in the firm. (c) The lawyer is ethically responsible if (1) he or she orders or knowingly ratifies the unethical conduct or (2) is a partner or supervisor, knows of the conduct in time, and doesn’t mitigate.
5.2 Responsibilities of a Subordinate Lawyer: (a) The subordinate is bound by the rules regardless. (No "just following orders" defense.) (b) but it’s okay if he or she relies on a supervisor’s reasonable resolution of an arguable question.
5.3 Responsibilities Regarding Nonlawyer Assistants: (a) A partner or (b) a supervisor shall reasonably ensure employees conform to ethical obligations. (c) The lawyer is ethically responsible if he or she (1) orders or knowingly ratifies the unethical conduct or (2) is a partner or supervisor, knows of the conduct in time, and doesn’t mitigate.
5.4 Professional Independence of a Lawyer: (a) We can’t split fees with non-lawyers except (1)(2)(3) to a partner or associate or attorney-seller’s estate, (4) toward employees’ retirement, or (5) court-awarded legal fees with the employing, retaining, or recommending non-profit. (b) We can’t practice law with non-attorneys. (c) Referring persons can’t direct our work. (d) Professional corporations must comply with Rule 265.
5.5 Unauthorized Practice of Law: (a) We can’t (1) practice law here without a Colorado license, (2) practice somewhere else if it violate their rules, (3) aid or abet someone who does, or (4) have disbarred or seriously suspended attorneys in the firm name. (b) We can’t let a disbarred, seriously suspended, or disability inactive attorney (1) give legal advice to our clients, (2) appear at a hearing (3) or deposition for our clients, (4) negotiate with others for our clients, (5) otherwise practice law, or (6) handle clients funds. (c) Subject to (d) below, we may employ a disbarred, seriously suspended, or disability inactive attorney be a clerk, drafter, or researcher, including: (1) drafting, (2) scheduling with clients or others, or (3) assisting an attorney at a deposition. (d) If the disbarred, seriously suspended, or disability inactive attorney has any contact with clients, we must first (1) give client notice that the attorney can’t practice law and (2) retain the notice for two years after completion. (e) One-time notice under this rule or CRCP 251.28 is sufficient.
5.6 Restrictions on Right to Practice: We can’t offer or make an agreement (a) restricting an attorney’s right to practice, except retirement benefits, or (b) settle a case that restricts our practice.
5.7 Responsibilities Regarding Law-Related Services: (a) These ethics rules apply to law-related services if done by (1) the lawyer and are indistinct from his legal practice or (2) by a lawyer-controlled entity, unless the lawyer reasonably assures that the customer knows the services aren’t legal services and that the customer-protections of the ethics rules don’t apply. (b) A service is law-related if they "might reasonably be performed with and in substance are related to the provision of legal services" and wouldn’t be unauthorized practice if a non-lawyer did them.
Part 6—Voluntary Pro Bono Public Service
6.1 Voluntary Pro Bono Publico Service:
We are obliged to do pro bono. We should do 50 hours pro bono annually, (a) doing a substantial majority without a fee, for (1) poor folks and (2) charities, and (b) the rest at low or no fee for (1) organizations that need help or (2) poor folks, or (3) by participating in pro-law activities. We also should send money to legal services. If our jobs won’t allow free legal work, then we should do the services or follow paragraph (b).6.2 Accepting Appointments: Don’t try to duck court appointments unless (a) it would likely break the Rules or the law, or (b) be unreasonably financially or oppressively burdensome or, or (c) is repugnant.
6.3 Membership in Legal Services Organization: A lawyer may serve in a legal services organization even if it serves people’s interests that are adverse to clients. But the lawyer can’t participate in decisions or actions if (a) it breaks Rule 1.7 or (b) it would materially cause the staff attorney to break Rule 1.7.
6.4 Law Reform Activities Affecting Client Interests: We may serve in a reform organization despite client effects. If there are positive client effects, we have to disclose to the organization but don’t have to identify the client.
6.5 Nonprofit and Court-Annexed Limited Legal Services Program: (a) We may perform short-term limited legal services without either we or the client expecting continuing representation. (1) We are subject to Rules 1.7 and 1.9(a) only if we know of a conflict, and (2) to Rule 1.10 only if we know our partner is 1.7 or 1.9(a) disqualified. (b) Rule 1.10 only applies as in (a)(2) to these short-term limited legal services.
Part 7—Information About Legal Services
7.1 Communications Concerning a Lawyer’s Services:
(a) We may not make false or misleading statements about our services or ourselves. (1) No material misrepresentation of fact or law. No leaving out important stuff. (2) Don’t compare ourselves to other attorneys, unless we can prove it. (2) Don’t create an unjustifiable expectation. (b) We can’t pay anything for another non-firm attorney’s advertising unless we disclose our relationship. (c) Don’t send registered mail to new clients. Don’t make it look like legal documents. (d) Don’t tout contingent fees without mentioning costs. It’s okay to just say contingent fees are available, or that the first meeting is free. (e) We may not knowingly get someone else to break this rule or Rules 7.2 through 7.4. (See Rule 8.4(a)) (f) We may tout the attorney buying our practice if we comply with Rule 1.17(d).7.2 Advertising: (a) We may advertise in any media to prospective clients, consumers, or the public at large. (b) We can’t pay others to recommend us except for the (1) reasonable costs of advertisements, (2) the usual non-profit referral services costs, (3) buying a law practice under Rule 1.17, and, (4) reciprocally refer clients with another attorney if (i) the agreement isn’t exclusive, and (ii) the client is informed. (d) The ad must contain a responsible attorney’s or firm’s name and address.
7.3 Direct Contact with Prospective Clients: (a) We shall not in person or by phone solicit new clients with profit as our significant motive, unless the communication is to a (1) lawyer, or (2) a relative, friend, or existing client. (b) We shall not solicit if (1) they’ve told us not to, or (2) our solicitation involves coercion, duress or harassment. (c) We shall not solicit new personal injury or wrongful death work unless it’s to family or an existing client or if it is made after the first 30 days after the injury or death. (1)We still can’t communicate if we reasonably should know an attorney is representing, (2) and we must disclose if a different attorney or firm will handle the case. (d) Solicitations must (1) include the words "Advertising Material" on the envelope or at the beginning and end of any non-letter communication, unless it’s to an attorney, to family, a friend, or an existing client. (2) The outside of a mailing can’t reveal the nature of the legal problem. We must keep copies, including envelopes, for 4 years. (e) Prepaid legal or group legal services plans which aren’t run by the attorney are okay even if they solicit in-person or by phone for memberships or subscriptions, if it’s not targeted.
7.4 Communication of Fields of Practice: (a) We may say we are specialists and that we do or don’t practice in specific fields. (b)(c) We may say we are Patent Attorneys or Admiralty if it’s true, (d) We can’t say we are certified as a specialist unless (1) we’ve been certified by state-approved organization or the ABA and (2) we put the organization’s name on our communication. (e) If we say we are certified we must also say "Colorado does not certify lawyers as specialists in any field" unless it’s in a lawyer-directed law list, law directory, or publication.
7.5 Firm Names and Letterheads: (a) In firm names, letterheads, or "other professional designations", we may not violate or participate in violating Rule 7.1. We may use trade names in private practice if we don’t imply a government or public-or-charitable-organization connection and don’t violate 7.1. (b) Multi-state firms can use the same name, but have to designate who is licensed where. (c) We may not use the names of attorneys in public office, during the substantial period of the office. (d) Only say you are in a PC or partnership if that is so.
7.6 Political Contributions to Obtain Legal Engagements or Appointments by Judges: We can’t get government work or a "appointment by a judge" if we make or solicit political contributions for the purpose of getting the work or appointment.
Part 8—Maintaining the Integrity of the Profession
8.1 Bar Admission and Disciplinary Matters
: If we apply to the bar or reapply for reinstatement, or make statements concerning an application, we can’t (a) knowingly make a false statement of material fact (b) or fail to correct a known misapprehension or fail to respond to lawful admission or regulatory authority, except to protect Rule 1.6 (Confidentiality) information.8.2 Judicial and Legal Officials: (a) We shall not knowingly make false statements or statements with reckless disregard about the qualifications or integrity of judges, adjudicatory officers, public legal officers, or candidates for judicial or legal-office appointment or retention. (b) A lawyer who is a candidate for judicial retention shall comply with the judicial conduct rules.
8.3 Reporting Professional Misconduct: (a) If we have knowledge of a Rules violation that raises substantial question as to an attorney’s honesty, trustworthiness, or fitness to practice we shall inform the appropriate authority or, (b) if we have knowledge of a Judicial Rules violation that raises a substantial question as to a judge’s fitness for office, we shall notify the appropriate authority, (c) unless disclosure would violate Rule 1.6 (Confidentiality) or the information came from a peer assistance program (Including our Hotline.) and would similarly be confidential.
8.4 Misconduct: We can’t (a) get some one else to do what we can’t do, (b) commit a crime that reflects adversely on our honesty, trustworthiness, or fitness to practice, (c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, (d) prejudice the administration of justice, (e), state or imply an ability to improperly influence a judicial officer or government agency or imply we can "achieve results" by breaking the Rules or "other law", (f) knowingly assist a judicial officer to break the Judicial Rules or "other law", (g) engage in conduct, during representation, that appeals to or engenders bias as to race, gender, religion, national origin, disability, age, sexual orientation, or socioeconomic status, or (h) engage in any other conduct that wrongfully harms others and adversely reflects on the lawyer’s fitness to practice law.
8.5 Jurisdiction: (a) If we are licensed here, we are subject to discipline even if we are working in Tuscaloosa. A lawyer not admitted here subjects himself to jurisdiction by offering "to provide any legal services in this jurisdiction." We can be disciplined in more than one place. (ethical double-jeopardy) (b) The applicable rules are (1) for conduct in court, where the court sits, unless that court’s rules say differently, (2) but otherwise where the conduct occurred or where the "predominant effect" occurred. We won’t be disciplined if we reasonably believed we were complying with the rules where the predominant effect would occur. (ethical choice of law)
9.0 How Known and Cited. You didn’t know there was a Rule 9, did you? Don’t worry. It has no substance…
…similarly perhaps to these materials by:
Phil James
Phil@Lawyer.com
www.Phils.Info
This page was last updated
04/05/10