CO LPC Jurisprudence flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Rule 1.7 Concurrent Conflict

A conflict exists when representation of one client is directly adverse to another, or a significant risk exists that personal interests or duties to another materially limit the representation.

Informed Consent Confirmed in Writing

The client's agreement to a conflict or course of conduct after the lawyer communicates adequate information about material risks and alternatives, documented in writing.

Rule 1.9 Former Client Conflict

A lawyer may not represent a client adverse to a former client in the same or substantially related matter where the lawyer received confidential information materially relevant, absent written informed consent.

Rule 1.10 Imputation

A conflict of one lawyer is imputed to all lawyers in the firm; Colorado does not generally permit screening to cure lateral-hire conflicts.

Rule 1.8(a) Business Transaction

Dealing with a client requires terms fair and reasonable, written disclosure, advice to seek independent counsel, and informed consent confirmed in writing.

Rule 1.5(a) Fee Reasonableness

Fees must be reasonable considering time and labor, novelty, skill, results, customary fee, time limits, relationship, and whether the fee is fixed or contingent.

Contingent Fee Writing Requirement

A contingent fee agreement must be in writing, state the calculation method, and disclose whether expenses are deducted before or after the fee is computed.

Rule 7.3 Solicitation Restrictions

In-person, live telephone, or real-time electronic solicitation for pecuniary gain is barred absent consent or a prior relationship, except when the target is another lawyer.

Advertising Material Label

Solicitations must be marked 'Advertising Material' on the outside envelope and at the beginning and end of recorded or electronic communications.

Rule 1.6 Confidentiality

A lawyer may not reveal information relating to the representation absent informed consent or a listed exception such as preventing reasonably certain death or substantial bodily harm.

Attorney-Client Privilege Elements

A confidential communication between client or agent and lawyer or agent for the purpose of obtaining or providing legal advice, not waived, and not made to further a crime or fraud.

Crime-Fraud Exception

The privilege does not protect communications made to further a crime or fraud; the underlying facts are never privileged even when the communication is protected.

Privilege Waiver Authority

The privilege belongs to the client, not the lawyer; only the client or successor may waive it, and the lawyer must assert it absent informed direction.

Rule 1.6(b)(5) Lateral Conflicts

Colorado permits limited disclosure of information to detect and resolve conflicts arising from a lawyer's change of employment, without compromising the privilege.

Colorado Supreme Court Authority

The Colorado Supreme Court holds exclusive constitutional authority over admission to the bar, regulation of the practice of law, and attorney discipline.

Office of Attorney Regulation Counsel

The OARC investigates and prosecutes attorney disciplinary matters and manages admissions and registration under the Colorado Supreme Court's authority.

Presiding Disciplinary Judge

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

Colorado CLE Requirement

Attorneys must complete 45 credit hours every three years, including at least 7 ethics hours and 2 hours of equity, diversity, and inclusivity.

Rule 8.3 Reporting Duty

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.

Trust Account Commingling Bar

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

Advance Fee Retainer

Funds paid in advance must be deposited in trust and withdrawn only as earned or as expenses are incurred, supported by an invoice or written accounting.

Trust Account Record Retention

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

Monthly Trust Reconciliation

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.

IOLTA Interest Destination

Colorado trust accounts must be interest-bearing, with interest remitted to the Colorado Lawyer Trust Account Foundation.

County Court Jurisdictional Limit

Colorado county court has civil jurisdiction over claims up to $25,000; district court has general civil jurisdiction above that amount.

C.R.C.P. 16 Case Management

The rule requires a case management order setting deadlines for disclosures, discovery, expert endorsements, and trial, modifiable only by leave.

Civil Appeal Deadline

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

Personal Injury Limitations Period

C.R.S. § 13-80-102 sets a two-year statute of limitations for personal injury actions; many contract and property claims carry three years.

Colorado Attorney's Oath

The oath pledges support for the federal and state constitutions, respect for courts, civility, integrity, and refusal to reject the defenseless for personal consideration.

Rule 8.4(g) Harassment Prohibition

Colorado defines professional misconduct to include harassment or discrimination in the practice of law, in addition to conduct prejudicial to the administration of justice.

Rule 5.5 Unauthorized Practice

A lawyer may not practice in a jurisdiction where doing so violates that jurisdiction's regulation of the profession, nor assist a nonlawyer in unauthorized practice.

Rule 6.1 Pro Bono Recommendation

Every lawyer has a professional responsibility to serve those unable to pay; Colorado recommends at least 50 hours of pro bono service per year.