CO LPC Jurisprudence cheat sheet

C.R.P.C. 1.1 requires competent representation: the legal knowledge, skill, thoroughness, and preparation reasonably necessary; comment 2 permits competence through study where feasible.

Rule 1.7(a): a concurrent conflict exists when representation of one client is directly adverse to another, or there is a significant risk that personal interests or duties to another person materially limit the representation.

Rule 1.7(b) informed-consent waiver requires: lawyer reasonably believes competent and diligent representation is possible; representation is not prohibited by law; not asserting a claim against one client on behalf of another in the same litigation; both clients give informed consent confirmed in writing.

Rule 1.9(a) prohibits representation adverse to a former client in the same or a substantially related matter where the lawyer received confidential information materially relevant to the matter, absent informed consent confirmed in writing.

Rule 1.10 imputes a conflict to all lawyers in a firm; screening does not cure lateral-hire conflicts under Colorado's rule, except as Rule 1.11 and 1.18 provide for government lawyers and prospective clients.

Rule 1.8(a) business transactions with a client require terms fair and reasonable, disclosure in writing, advice to seek independent counsel, and informed consent confirmed in writing; 1.8(c) bars preparing an instrument giving the lawyer a substantial gift.

Rule 1.5(a) lists reasonableness factors for fees: time and labor, novelty and difficulty, skill required, effect on other work, customary fee, amount involved and results, time limits, nature of relationship, and whether the fee is fixed or contingent.

Rule 1.3 requires reasonable diligence and promptness; Rule 1.4 requires keeping the client reasonably informed, promptly complying with reasonable information requests, and explaining matters to permit informed decisions.

Rule 1.6(a) confidentiality is broader than the evidentiary privilege: it covers all information relating to the representation, not only communications, and survives termination of the relationship.

Rule 1.6(b) permissive disclosure requires informed consent, or is allowed to prevent reasonably certain death or substantial bodily harm, to secure legal advice about compliance, to defend against a claim by the client, or to comply with law or a court order.

Colorado Rule 1.6(b)(5) permits disclosure to detect and resolve conflicts arising from a lawyer's change of employment, limited to information that does not compromise the attorney-client privilege or other protections.

Attorney-client privilege elements: a communication, made in confidence, between client or agent and lawyer or agent, for the purpose of obtaining or providing legal advice, not waived.

Crime-fraud exception to privilege applies to communications made to further a crime or fraud; the privilege also does not protect the facts communicated, only the communication itself.

The privilege belongs to the client, not the lawyer; only the client (or successor) may waive it, and the lawyer must assert it unless the client directs otherwise after disclosure.

Practice of law is regulated by the Colorado Supreme Court under its exclusive constitutional authority; the Office of Attorney Regulation Counsel and Presiding Disciplinary Judge administer the system.

Rule 5.3 requires a lawyer with managerial authority to make reasonable efforts to ensure the firm has measures giving reasonable assurance that nonlawyer conduct is compatible with professional obligations.

The Colorado Supreme Court has exclusive jurisdiction over admission to and discipline of the bar; the Office of Attorney Regulation Counsel (OARC) investigates and prosecutes disciplinary matters.

The Presiding Disciplinary Judge (PDJ) and a hearing board conduct formal disciplinary proceedings under C.R.C.P. 251; the PDJ may approve conditional admissions of misconduct with consent.

Sanctions range from private admonition and public censure to suspension (with or without probation) and disbarment; the American Bar Association Standards inform sanction selection.

C.R.C.P. 251.20 lists aggravating and mitigating factors, including prior discipline, dishonest or selfish motive, pattern of misconduct, cooperation, remorse, and personal or emotional problems.

Colorado requires annual registration and payment of the attorney regulation fee; failure to register or pay can result in administrative suspension under C.R.C.P. 227.

Continuing Legal Education: Colorado attorneys must complete 45 credit hours every three years, including at least 7 hours of ethics and 2 hours of equity, diversity, and inclusivity.

Admission by examination is administered by the Colorado Board of Law Examiners; admission on motion, by UBE transfer, or by diploma privilege for certain Colorado law graduates follows C.R.C.P. 201 series rules.

Duty to report misconduct under Rule 8.3: a lawyer who knows of another lawyer's violation raising a substantial question as to honesty, trustworthiness, or fitness must inform the appropriate professional authority.

Rule 1.15(a) requires client funds to be held in one or more identifiable trust accounts; commingling of client funds with lawyer funds is prohibited except for funds reasonably sufficient to pay bank charges.

Rule 1.15(c): advance fee retainers must be deposited in trust and withdrawn only as earned or as expenses are incurred; a true retainer earned on receipt may be deposited in the operating account.

Trust account records must be preserved for at least seven years after termination of the representation, including receipts, disbursements, reconciliation reports, and client ledgers.

Rule 1.15(f) requires monthly reconciliation of the trust account and individual client ledgers, with a written reconciliation report signed by a lawyer or employee with authority.

Earned fees must be supported by an invoice or written accounting delivered to the client before transfer from trust to operating account.

Trust accounts must be interest-bearing; Colorado uses the Interest on Lawyers' Trust Accounts (IOLTA) program, with interest remitted to the Colorado Lawyer Trust Account Foundation.

Rule 1.15(b) requires prompt notice and delivery of funds or property a third person is entitled to receive; disputed portions must be kept separate in trust until the dispute is resolved.

Negligent trust account management may result in discipline even without misappropriation; knowing misappropriation generally results in disbarment absent extraordinary mitigation.

Rule 7.1 prohibits false or misleading communications about the lawyer or the lawyer's services, including material omissions and unsubstantiated comparative claims.

Rule 7.2 governs advertising and permits paying for advertisements and paying a reasonable referral fee to a nonlawyer, provided the client is not charged more and the client consents in writing.

Rule 7.3 regulates solicitation: in-person, live telephone, or real-time electronic contact with a prospective client for pecuniary gain is prohibited absent consent or a prior relationship, unless the contact is with another lawyer.

Rule 7.3(c) requires solicitations to be marked 'Advertising Material' on the outside envelope and at the beginning and end of recorded or electronic communications.

Rule 7.4 addresses communications of fields of practice and specialization; a lawyer may state that practice is limited to certain areas but may not claim certification without stating the certifying organization.

Rule 1.5(b) requires the scope of representation and the basis or rate of the fee to be communicated to the client, preferably in writing, before or within a reasonable time after commencing representation.

Contingent fee agreements must be in writing and state the method of calculation, whether expenses are deducted before or after the fee computation, and whether the fee is negotiable.

Rule 1.4(b) requires a lawyer to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Colorado Rules of Civil Procedure largely track the Federal Rules but retain distinctions, including the state's own Rule 26 disclosure obligations and Rule 16 case management orders.

C.R.C.P. 16 requires a case management order in most civil cases, setting deadlines for disclosures, discovery, expert endorsements, and trial; deadlines may be modified only by leave.

C.R.C.P. 26(a)(1) initial disclosures include persons with discoverable information, documents, damages computation, and insurance agreements; expert disclosures follow under Rule 26(a)(2).

Jurisdictional amount for county court is up to $25,000; district court has general civil jurisdiction above that threshold and for specified matters such as real property and domestic relations.

Service under C.R.C.P. 4 requires personal service on individual defendants; if service by publication is used, the rule's due diligence and affidavit requirements must be satisfied.

Colorado's statute of limitations for general civil actions is two years for personal injury (C.R.S. § 13-80-102) and three years for many contract and property claims.

Notice of appeal in a civil case must be filed within 49 days of the entry of judgment under C.R.A.P. 4(a), with limited extensions available.

Rule 3.2 requires a lawyer to make reasonable efforts to expedite litigation consistent with the client's interests; Rule 3.4 bars obstructing access to evidence or unlawfully altering documents.

The Colorado Attorney's Oath, taken on admission, includes a pledge to support the constitutions of the United States and Colorado, and to faithfully discharge duties as an attorney and officer of the court.

The Oath commits the attorney to maintain the respect due to courts and judicial officers and to abstain from all offensive personalities and all attempts to corrupt judges or jurors.

The Oath requires the attorney to conduct oneself with integrity and civility, and to never reject, for any consideration personal to oneself, the cause of the defenseless or oppressed.

The Colorado Principles of Professionalism, adopted by the Supreme Court, encourage civility, cooperation in discovery, and avoidance of personal attacks in briefing and argument.

Rule 4.4(a) prohibits use of means with no substantial purpose other than to embarrass, delay, or burden a third person; Rule 3.5 bars improper influence on judges and jurors.

Rule 8.4(d) defines professional misconduct to include conduct prejudicial to the administration of justice; harassment and discrimination in the practice of law are prohibited under Rule 8.4(g).

Civility obligations do not require a lawyer to forgo legitimate advocacy; zealous representation is tempered by the duty of candor to the tribunal under Rule 3.3.

Lawyers are officers of the court; ex parte communications with represented persons are barred by Rule 4.2, and with the tribunal by Rule 3.5(b).

Unauthorized practice of law (UPL) includes practicing law without a license and aiding a nonlawyer in the unauthorized practice; Rule 5.5 prohibits both.

Rule 5.5(a) bars a lawyer from practicing in a jurisdiction where doing so violates that jurisdiction's regulation of the legal profession; Rule 5.5(c) permits temporary practice in limited circumstances.

Rule 5.4 generally prohibits fee sharing with nonlawyers and allowing a nonlawyer to direct or regulate the lawyer's professional judgment, with exceptions such as death benefits and certain nonprofit arrangements.

Colorado permits certain limited-scope and unbundled services under Rule 1.2(c) when the client gives informed consent; the lawyer must state the limits of the representation in writing.

Colorado's Access to Justice program and the Colorado Legal Services network coordinate pro bono and legal aid; the Supreme Court encourages attorneys to accept pro bono referrals.

Colorado Rule 6.1 states that every lawyer has a professional responsibility to provide legal services to those unable to pay, and recommends at least 50 hours of pro bono service per year.

Rule 6.1 identifies acceptable pro bono service: representation without fee of persons of limited means, delivery of legal services to organizations addressing their needs, and participation in activities improving the law or legal system.

Limited license legal practitioners and licensed paralegals in Colorado may provide specified legal services within defined practice areas, and lawyers may supervise them under Rule 5.3.

Rule 1.1 competence requires legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation; comment 2 permits acquiring competence through study.

Rule 1.7(a) concurrent conflicts: directly adverse representation, or a significant risk that personal interests or duties to a third person materially limit the representation.

Rule 1.7(b) informed consent confirmed in writing is required, and the lawyer must reasonably believe competent and diligent representation is possible; some conflicts are nonconsentable.

Rule 1.9(a) former-client conflict arises in the same or a substantially related matter where the lawyer received information materially relevant to the matter.

Rule 1.10 imputes a conflict to the entire firm; Colorado does not permit screening to cure lateral-hire conflicts except in limited contexts such as Rule 1.11 government service.

Rule 1.8(a) business transactions require fair terms, written disclosure, advice to seek independent counsel, and informed consent confirmed in writing.

Rule 1.5(a) reasonableness factors: time and labor, novelty, skill, effect on other work, customary fee, amount involved, results obtained, time limits, relationship, and fixed or contingent nature.

Rule 1.3 requires reasonable diligence and promptness; Rule 1.4 requires reasonable communication and explanation sufficient to permit informed decisions.

Rule 1.6(a) confidentiality covers all information relating to the representation, broader than the evidentiary privilege, and continues after the relationship ends.

Rule 1.6(b) permits disclosure with informed consent, to prevent reasonably certain death or substantial bodily harm, to secure legal advice about compliance, to defend against a client claim, or to comply with law or court order.

Colorado Rule 1.6(b)(5) permits limited disclosure to detect and resolve conflicts arising from a lawyer's change of employment, without compromising the privilege.

Privilege elements: a confidential communication between client or agent and lawyer or agent for the purpose of obtaining or providing legal advice, not waived.

The crime-fraud exception removes privilege protection from communications made to further a crime or fraud; the underlying facts are never privileged.

The privilege belongs to the client; the lawyer must assert it and may waive only on the client's informed direction.

The Colorado Supreme Court holds exclusive authority to regulate the practice of law; OARC and the Presiding Disciplinary Judge administer admission, regulation, and discipline.

Rule 5.3 requires a lawyer with managerial authority to make reasonable efforts to ensure firm measures give reasonable assurance that nonlawyer conduct is compatible with professional obligations.

The Colorado Supreme Court has exclusive jurisdiction over admission and discipline; the Office of Attorney Regulation Counsel investigates and prosecutes disciplinary cases.

The Presiding Disciplinary Judge and hearing boards conduct formal proceedings under C.R.C.P. 251; the PDJ may approve conditional admissions of misconduct by consent.

Sanctions include private admonition, public censure, suspension with or without probation, and disbarment; the ABA Standards guide sanction selection.

C.R.C.P. 251.20 lists aggravating and mitigating factors such as prior discipline, dishonest motive, pattern of misconduct, cooperation, remorse, and personal problems.

Annual registration and payment of the attorney regulation fee are required; failure to register or pay may result in administrative suspension under C.R.C.P. 227.

Colorado CLE requires 45 credit hours every three years, including at least 7 ethics hours and 2 hours of equity, diversity, and inclusivity.

Admission is by examination administered by the Colorado Board of Law Examiners, or by UBE transfer, motion, or diploma privilege under C.R.C.P. 201 series.

Rule 8.3 requires a lawyer who knows of another lawyer's violation raising a substantial question as to honesty, trustworthiness, or fitness to inform the appropriate professional authority.

Rule 1.15(a) requires identifiable trust accounts and prohibits commingling client funds with lawyer funds, except funds reasonably sufficient to pay bank charges.

Rule 1.15(c) requires advance fee retainers to be held in trust and withdrawn only as earned or as expenses are incurred; a true retainer may be deposited in the operating account.

Trust account records must be retained for at least seven years after termination of the representation, including receipts, disbursements, reconciliations, and client ledgers.

Rule 1.15(f) requires monthly reconciliation of the trust account and individual client ledgers with a written report signed by a lawyer or authorized employee.

Earned fees must be supported by an invoice or written accounting delivered to the client before transfer from trust to the operating account.

Trust accounts must be interest-bearing; Colorado IOLTA interest is remitted to the Colorado Lawyer Trust Account Foundation.

Rule 1.15(b) requires prompt notice and delivery of funds a third person is entitled to receive; disputed portions must remain in trust until resolved.

Negligent trust account management may result in discipline without misappropriation; knowing misappropriation generally results in disbarment absent extraordinary mitigation.

Rule 7.1 prohibits false or misleading communications about the lawyer or services, including material omissions and unsubstantiated comparative claims.

Rule 7.2 permits paying for advertisements and reasonable referral fees to nonlawyers if the client is not charged more and consents in writing.

Rule 7.3 bars in-person, live telephone, or real-time electronic solicitation of prospective clients for pecuniary gain absent consent or a prior relationship, except with other lawyers.

Rule 7.3(c) requires solicitations to be marked 'Advertising Material' on the outside envelope and at the beginning and end of recorded or electronic communications.

Rule 7.4 permits stating that practice is limited to certain areas but bars claiming certification without naming the certifying organization.

Rule 1.5(b) requires communicating the scope of representation and the basis or rate of the fee, preferably in writing, before or within a reasonable time after commencing.

Contingent fee agreements must be in writing and state the method of calculation, whether expenses are deducted before or after the fee, and whether the fee is negotiable.

Rule 1.4(b) requires explaining a matter to the extent reasonably necessary to permit the client to make informed decisions about the representation.

Colorado Rules of Civil Procedure largely track the Federal Rules but retain state-specific disclosure and case management requirements under C.R.C.P. 16 and 26.

C.R.C.P. 16 requires a case management order setting deadlines for disclosures, discovery, expert endorsements, and trial; deadlines may be modified only by leave.

C.R.C.P. 26(a)(1) initial disclosures include persons with discoverable information, documents, damages computation, and insurance agreements; expert disclosures follow under Rule 26(a)(2).

County court civil jurisdiction extends to claims up to $25,000; district court has general civil jurisdiction above that amount and for specified matters.

Service under C.R.C.P. 4 requires personal service on individual defendants; service by publication requires due diligence and a supporting affidavit.

The statute of limitations is two years for personal injury (C.R.S. § 13-80-102) and three years for many contract and property claims.

Notice of appeal in a civil case must be filed within 49 days of entry of judgment under C.R.A.P. 4(a), with limited extensions available.

Rule 3.2 requires reasonable efforts to expedite litigation consistent with the client's interests; Rule 3.4 bars obstructing access to evidence or unlawfully altering documents.

The Colorado Attorney's Oath includes a pledge to support the constitutions of the United States and Colorado and to faithfully discharge duties as an attorney and officer of the court.

The Oath commits the attorney to maintain respect due to courts and judicial officers and to abstain from offensive personalities and attempts to corrupt judges or jurors.

The Oath requires conducting oneself with integrity and civility and never rejecting, for personal consideration, the cause of the defenseless or oppressed.

The Colorado Principles of Professionalism encourage civility, cooperation in discovery, and avoidance of personal attacks in briefing and argument.

Rule 4.4(a) bars means with no substantial purpose other than to embarrass, delay, or burden a third person; Rule 3.5 bars improper influence on judges and jurors.

Rule 8.4(d) defines misconduct to include conduct prejudicial to the administration of justice; Rule 8.4(g) prohibits harassment and discrimination in the practice of law.

Civility does not require forgoing legitimate advocacy; zealous representation is tempered by the duty of candor to the tribunal under Rule 3.3.

Lawyers are officers of the court; ex parte communication with represented persons is barred by Rule 4.2 and with the tribunal by Rule 3.5(b).

Unauthorized practice of law includes practicing without a license and aiding a nonlawyer's unauthorized practice; Rule 5.5 prohibits both.

Rule 5.5(a) bars practicing in a jurisdiction where doing so violates that jurisdiction's regulation of the legal profession; Rule 5.5(c) permits limited temporary practice.

Rule 5.4 generally prohibits fee sharing with nonlawyers and allowing nonlawyers to direct professional judgment, with exceptions for death benefits and certain nonprofit arrangements.

Colorado permits limited-scope and unbundled services under Rule 1.2(c) with informed consent; the lawyer must state the limits of the representation in writing.

Colorado's Access to Justice program and Colorado Legal Services coordinate pro bono and legal aid; the Supreme Court encourages accepting pro bono referrals.

Colorado Rule 6.1 states every lawyer has a professional responsibility to provide legal services to those unable to pay and recommends at least 50 hours of pro bono service per year.

Rule 6.1 identifies acceptable pro bono service: free representation of persons of limited means, services to organizations addressing their needs, and activities improving the law or legal system.

Licensed paralegals in Colorado may provide specified legal services within defined practice areas, and lawyers may supervise them under Rule 5.3.