The Denver Bar Association
The Denver Bar Association

Denver Bar Association

Ethics Opinion 42: Withdrawn 6/87 (Client Newsletters, 05/10/68)

 

 

The following Formal Opinion was written by
the Ethics Committee of the Colorado Bar Association

  [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.]

42 CLIENT NEWSLETTERS
Adopted May 10, 1968.
This formal opinion was withdrawn by the Ethics Committee in June 1987.

 

 

Syllabus

It is not improper for a lawyer to advise his regular clients of new statutes, court decisions and administrative rulings which may affect the client's interests.

Facts

A lawyer proposes to advise his clients periodically about statutory changes and new court decisions. He asks whether it is ethical for him to do so.

Opinion

It is not improper for a lawyer to advise his regular clients of new statutes, court decisions and administrative rulings which the lawyer has determined may affect that client's interests. Such information should be communicated by letter; however, the letter could be duplicated or put in bulletin form if the clients are numerous, provided the communication contains only information applicable to the interests of each recipient as previously determined by the lawyer. Of course, any such communication should be restricted to clients by whom the lawyer is regularly and customarily retained in matters of such a nature that the communication is relevant. ABA Formal Opinion 213 (1941).

If the communication goes to persons other than regular clients of the lawyer, or if it contains information not strictly applicable to the interests of the recipient, though he be a regular client of the lawyer, it would constitute an advertisement in violation of Canon 27. A periodic bulletin containing general information about statutes, decisions, etc., disseminated to a number of clients having different interests, even though regular clients, would violate Canon 27.