"EG" refers to opinions of the Ethics and Grievances Committee, which precede the opinions of the Ethics Committee in the Colorado Ethics Handbook, 4th Ed.
accountancy services, 41
announcements regarding availability as consultant, 51
campaign for non-judicial office, 32
collection agency, 7
credit card acceptance, 99
direct mail, 83
endorsements and testimonials, 83
guidelines, 76, 83
history of ethics rules concerning, 76
insurance company employment, 11
limitation or concentration of area of practice, 76
misleading, 76
newsletters by lawyers, 74
newspaper, publication of professional cards, 10
notifying clients about new laws, 42
publicity, 83
reference to experience, 51, 76
reference to former government service, 37
reference to law school or honors, 51
referral services, 83
relationship with financial institution, 24
signs or shingles, 35, 83, 89
solicitation, 83
specialty designation, 4, 5, 51, 76, 83
statements to media concerning litigation, 31
telephone directory listing, 15, 83
use of letterhead in correspondence, 30
Client's property held by lawyer, third party interest, 94
Assertion of Attorney's Charging Lien and Taking Security Interest in Client Property to Protect Fees, 110
Collection agency
assignment of claim for attorney's fees, 20
attorney in same office space, 7
use of name or signature on summons, 25
intercepting, 90
newsletter, 74
recording, 22
revealing client's confidences, 60
statements concerning pending litigation, 31
to potential witnesses, 65
with adverse party or party's employee, 69
with government officials, 93
with insurance adjuster or company, 73
with jurors after verdict, 70
with person represented by lawyer, 73
with represented persons during criminal investigations, 96
with treating physicians, 71
Compensation for interest of deceased or withdrawing partner,53
attorney as witness, 57
city councilman handling municipal cases, 14
confidentiality walls, 88, 97
dual occupations, 98
elected official representing clients in same jurisdiction, 14
financial interest in case, 57
former government lawyer, case against former employer, 57
insurance lawyer representing insured in settlement, 23
lawyer as part-time judge, 45
multiple clients, 57, 58, 68
municipal attorney representing defendant, 46
office sharing, 89
representing both parties in divorce, 47, 68
representing buyer and seller, 17, 68
representing governmental body, 48
representing lender and borrower, 29
representing partnership in drafting partnership agreement, 68
service on board of public entity, 97
suit against former client, 57
title opinion by lender's lawyer, 12
"wall" around partner or associate, 88, 97
water rights case, 58
witness and advocate, 57
Contingent fee
cases other than personal injury, 100
for collecting child support or spousal maintenance, 67
conversion clause in fee agreement, 100
conversion to alternate fee upon termination of case, 100
medical-legal consulting firm, 77
discovery, 65
evidence seen or possessed by lawyer, 60
incriminating physical evidence, 60
pre-trial interview of potential witness, 65
release of civil claim in exchange for dismissal, 62
representing more than one defendant, 57
Criminal charges
dismissal in exchange for release of civil claim, 62
threatening in civil case, 56
by another business or agency. See Dual professions
by client previously represented by another attorney, 40
by lay (non-law) agency, 12, 17, 23, 29
by lender, recovery of attorney's fees in foreclosure, 72
changing firms, use of confidentiality wall, 88
prepaid legal services, 81
solicitation of employment. See Solicitation of clients
Errors in real estate closing, duty to disclose, 80
Estate
attorney for and fiduciary in same firm, 21
deceased attorney's practice, 53
fees based on size of estate, 16
planning services, collaboration with non-lawyer, 87
sale of assets, 26
accountancy, 41
collection agency, 7
estate planning services, 87
living trust marketing packages, 87
real estate brokerage, 39
real estate closing company, 17
second occupation of lawyer, 98
title insurance agency, 36
Fees
agreement, 66
assignment of claim to collection agency, 20
attorney's lien, 82
based on size of estate, 16
charging less than customary, 19
collection, 20, 82
contingent
cases other than personal injury, 100
child support or spousal maintenance, 67
conversion clauses, 100
medical-legal consulting firm, 77
court-appointed attorney, 16
credit card acceptance, 99
division of, 38, 53
division with non-lawyers, 12, 54, 63, 87
estate planning in collaboration with non-lawyer, 87
estate proceedings, 16, 21
finance charges, 66
foreclosure proceeding, 54, 72
guardian ad litem, 16
interest on delinquent accounts, 66
lawsuit to collect, 20
malpractice claim settlement, 85
past-due accounts, 66
payment for client files of retiring lawyer, 53
payment to witness, 44
of previous lawyer, 40, 53
recommended by Bar Association, 19
recovery in foreclosure for lender's in-house counsel, 72
referrals, 38
retainer from non-lawyer employer, 63
sale of legal practice, 53
splitting with client in foreclosure, 54
splitting with non-lawyer, 87
suit to collect, 20
Fiduciary, fees for acting as and for representing estate, 21
Files of clients
attorney's retaining lien on, 82
transfer to successor lawyer, 53
Financial interest in transaction, conflict of interest, 57
Good will, sale of in connection with legal practice, 53
Government official or employee
announcement card upon resuming private practice, 37 ex parte contacts with, 93
spouse-lawyer representing adverse interest, 75
suit against former employer after government service, 57
Grievance complaint, withdrawal as condition of settlement of malpractice suit, 56, 85
confidentiality wall around partner or associate, 88, 97
married members in different firms representing differing interests, 52
name. See Name of firm
representation of estate and acting as fiduciary, 21
Legal services programs, reduction or termination of funding, 59
Letterhead
"associates," 8, 9
dual professions, 1EG, 2
nonlawyer employees listed, 84
office sharing, 89
solicitations for organization, 30
specialty, 2EG, 83
use in correspondence, 30
use in election campaign, 32
Litigation
against client for recovery of fees, 20
against former clients, 57
by former government lawyer against former employer, 57
lawyer advancing funds to client, 34
representing more than one client, 57
statements to press concerning, 31
to collect attorney's fees, 20
Mistakes in real estate closing, duty to disclose, 80
Modern communications technology, preserving confidences of client, 90
Multiple clients
conflict of interest, 57, 58, 68
water rights in same river system, 58
Municipal attorney, defense of client in municipal court, 46
N
Name of firm
advertising guidelines, 83, 89
"associates," 8, 9, 50, 89
legal clinic, 83
member holding public office, 28
office space renting, 9, 50, 89
office space sharing, 8, 50, 89
sole practitioner's practice after death or retirement, 53
"associates," 8, 9, 50
collection agency, 7
judge and lawyer in same suite, 13
lawyer conducting second occupation from law office, 98
renting, 9, 89
sharing, 7, 8, 36, 89
sharing by judge and attorney, 13
title company and attorney/agent in same space, 36
confidentiality wall, 88, 97
distinguished from associate, 50
distinguished from sole practitioner with respect to successorship, 53
as witness in lawsuit, 27, 57, 78
Partnership
agreement drafting, 68
announcement card, 6, 49; see also Announcement cards
deceased or withdrawing partner, 53
distinguished from association, 6
partners in different states, 6
professional corporation as member, 55
representation for agreement drafting, 68
with non-lawyer, 87
Payment
for legal services with credit cards, 99
to retiring lawyer for practice, 53
to witness, 44
Personal influence on the court, appearance of, 13, 14
Personal injury cases
advancement of client's living expenses by lawyer, 34 ex parte communications with plaintiff's physician, 71
medical-legal consulting firms charging contingent fees, 77
Personal representative, employment of attorney in same firm to represent estate, 21
Physician, communications with plaintiff's physician by defendant's lawyer, 71
dual professions, 1EG, 11; see also Dual professions
restrictions in settlement agreements, 92
specialties, 2EG
unauthorized. See Unauthorized practice of law
while holding public office, 28
attorney as broker, 39, 98
document preparation, 17
duty to disclose mistakes in closing, 80
representation of buyer and seller, 17, 68
sale by attorney as executor of estate, 26
title insurance, lawyer's role, 6, 38, 98
