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Formal Ethics Opinions
Formal Ethics Opions
COLORADO
ETHICS HANDBOOK
FIFTH EDITION
VOLUME ONE
A Joint Project of
The Colorado Bar Association Ethics Committee
and
Continuing Legal Education in Colorado, Inc.
Supplemented
• January 2011 •
[Formal Ethics Opinions are issued for advisory purposes only and are not in any way binding on the Colorado Supreme Court, the Presiding Disciplinary Judge, the Attorney Regulation Committee, or the Office of Attorney Regulation Counsel and do not provide protection against disciplinary actions.]
View the Formal Ethics Opinions Subject Index
8 Office sharing — “associates,” 6/26/59; addendum issued 1995
9 Office sharing — “associates,” 6/26/59; addendum issued 1995
11 Law practice in combination with insurance sales, 1/11/60; addendum issued 7/24/93
12 Title opinion for lending institution, disclosure to customer, 3/26/60
13 Office sharing — municipal judge, 3/26/60; revised 5/18/96
14 Attorney as city councilman, 3/26/60; addendum issued 1996; addendum issued 2009
17 Preparation of legal documents in real property sale, 1/20/61; addendum issued 1995
20 Fee collection, 6/23/61; addendum issued 1995
23 Representation of guardian for minor in personal injury settlement, 7/20/62; addendum issued 1995
24 Offices on client’s property, 7/20/62; addendum issued 1995
25 Use of attorney’s signature on collection case summons, 8/25/62; addendum issued 1995
26 Real estate commission for attorney-executor, 9/28/62; addendum issued 1995
28 Letterhead; revised 4/28/73; revised 7/24/93
29 Representation of seller, buyer or borrower by lawyer for financial institution, 1/18/64
31 Publications, pending litigation, 6/6/64
33 Contributions, judicial campaign, 6/6/64
34 Advancement of living expenses for personal injury client, 3/27/65; addendum issued 1995
38 Referral fees, 6/4/66; addendum issued 1995
40 Accepting case handled by another lawyer, 2/3/68; addendum issued 1995
43 Duty to insured, 12/13/69; addendum issued 1995
45 Representation of client by part-time judge; revised 6/16/84; addendum issued 1996
46 Municipal attorney, representation of defendants, 2/20/71; revised 5/18/96
47 Attorney representation in dissolution of marriage, 2/26/72; addendum issued 1995
48 Representation of public body, conflict of interest, 6/3/72; revised 5/18/97
50 Definition of associates as applied to lawyers, 11/29/72; addendum issued 1995
52 Spouse-Attorneys Representing Clinets, Conflicts of Interest, 12/17/75; Withdrawn 3/16/13
54 Fees charged in foreclosure or redemption, undated; addendum issued 1995
55 Partnership which includes professional corporation, undated; addendum issued 1995
56 Settlement of lawyer malpractice, withdrawal of grievance complaint, 3/22/80; addenda issued 1995 and 1998
57 Conflicts of interest, 3/21/81; addendum issued 1995
58 Water rights, representation of multiple clients, 3/21/81; revised 10/14/95
59 Legal services programs, 1/23/82; addendum issued 1995
60 Duty with respect to client’s incriminating physical evidence, 7/24/82
61 Legal assistants, 10/23/82; addendum issued 1995
62 Duties of public prosecutor, release of defendant’s civil claims, 11/20/82; revised 11/19/88; addendum issued 1995
63 Lawyer’s relationship with a traffic clinic, 2/19/83; addendum issued 1995
64 Duty of attorney to report an ethical violation, 4/23/83; amended 6/15/96
65 Guidelines for opposing counsel contacting witnesses, 3/17/84
66 Imposition of interest or finance charges on client accounts, 10/20/84
67 Contingent fee arrangement in child support and spousal maintenance cases, 3/16/85; addendum issued 1995
68 Conflicts of interest: propriety of multiple representation, 4/20/85; revised 12/09/11
69 Propriety of communicating with employee or former employee of an adverse party organization; 2010 revision
70 Juror communications, 9/21/85; addendum issued 1995
71 Ex parte communications with treating physicians; revised 9/21/85; addendum issued 4/18/92
72 Recovery of attorney fee by lender using in-house counsel, 4/19/86; revised 1/19/91; addendum issued 1995
73 Contact with insurance adjuster, 5/17/86
74 Lawyer newsletters, 7/26/86; addendum issued 1995
75 Spousal Conflicts, 6/20/87; addendum issued 1995; Withdrawn 3/16/13
76 Lawyer advertising guidelines, 10/17/87; addendum issued 1995
77 Participation with medical-legal consulting firm: contingent fee, 3/19/88
78 Disqualification of the advocate/witness, 6/18/88; revised 6/18/94 and 5/10/97
79 Use of legal assistants in client representation, 2/18/89; addendum issued 1995
80 Lawyer’s duty to disclose mistakes in commercial closing, 2/18/89; addendum issued 1995
81 Lawyer’s participation in prepaid legal service plans, 3/18/89
82 Assertion of attorney’s retaining lien on client’s papers, 4/15/89; addendum issued 1995
83 Lawyer advertising, solicitation and publicity, 11/18/89; addendum issued 7/24/93
84 Listing of support personnel names on letterhead and business cards, 2/26/90; addendum issued 1995
85 Release and settlement of legal malpractice claims, 5/19/90; addenda issued 1995 and 1998
86 Use of subpoenas in civil actions and proceedings, 1/17/98; Withdrawn 3/16/13
87 Collaboration with non-lawyers in preparation and marketing of estate planning documents, 7/14/90; revised 12/14/91; addendum issued 1995
88 Use and misuse of “confidentiality walls,” 5/18/91; amended 4/18/92
89 Office sharing — conflicts, confidentiality, letterheads and names, 9/21/91
90 Preservation of client confidences in view of modern communications technology, 11/14/92
91 Ethical duties of attorney selected by insurer to represent its insured, 1/16/93
92 Practice restrictions in settlement agreements, 6/19/93
93 Ex parte contacts with government officials, 10/16/93
94 Ethical duties relating to a client’s property held by a lawyer in which a third party has an interest, 11/20/93; addendum issued 2006
95 Funds of missing clients, 11/20/93
96 Ex parte communications with represented persons during criminal and civil regulatory/investigations and proceedings, 7/15/94; Revised 3/17/12
97 Ethical considerations where an attorney or the attorney’s partner serves on the board of a public entity, 6/17/95
98 Dual practice, 12/14/96
99 Use of credit cards to pay for legal services, 5/10/97
100 Use of conversion clauses in contingent fee agreements, 6/21/97
101 Unbundled legal services, 1/17/98; addendum issued 2006
102 Use of subpoenas in criminal proceedings, 3/21/98
103 Propriety of compensating a non-expert witness in a civil action, 12/19/98
104 Surrender of papers to the client upon termination of the representation, 4/17/99
105 Opinion on temporary lawyers, 5/22/99
106 Referral fees and networking organizations, 6/19/99
107 Third-party auditors, 9/18/99
108 Inadvertent disclosure of privileged or confidential documents, 5/20/00
109 Acquiring an ownership interest in a client, 5/19/01
110 Assertion of attorney’s charging lien/security interest in property, 1/19/02; amended 5/02
111 Communicating with represented person for the purpose of providing a “second opinion,” 1/19/02
112 Surreptitious recording of conversations or statements, 7/19/03
113 Ethical duty of attorney to disclose errors to client, 11/19/05
114 Responsibilities of respondent parents’ attorneys in dependency and neglect proceedings, 10/14/06
115 Ethical considerations in the collaborative and cooperative law contexts, 2/24/07
116 Ethical considerations in the dissolution of a law firm or a lawyer’s departure from a law firm, 3/17/07
117 Ethical responsibilities of attorneys in legal services and pro bono programs concerning prospective clients, 6/16/07
118 Handling of funds disputed after proper withdrawal from trust account, 2/12/08
119 Disclosure, review, and use of metadata, 5/17/08
120 Representing an organization as a party in a dispute, 5/17/08
121 Use of temporary lawyers and other professionals not admitted to practice in Colorado (“outsourcing”), 6/2009
122 The applicability of Colo. RPC 7.2 to internet-based lawyer marketing programs, 10/16/2010
123 Candor to the Tribunal and Remedial Measures in Civil Proceedings, 06/18/2011
124 A Lawyer’s Medical Use of Marijuana, 4/23/12
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