Side Panel Expand side panel Colo. LLP RPC 5.1 Responsibilities of a Partner or Supervisory LLP

Question 1

LLPs Cannot Represent Clients in:

Answer 1

 Registration of foreign orders
 Punitive contempt citations under C.R.C.P. 107
 Common law marriage
 Parentage disputes involving more than 2 people
 Parent contests a non-parent’s request for APR
 Pre- and post-nuptial agreements
 Trust beneficiaries
 Contested jurisdiction of the court
 Non-liquidated retirement assets
 Sale or distribution of assets of a business entity or commercial property
 Expert testimony regarding income or asset
 Other practice areas:
 Immigration
 Criminal
 bankruptcy

Question 2

LLPs May Represent Clients in:

Answer 2

LLPs May Represent Clients in:
 Legal separations
 Declaration of invalidity of marriage
 Dissolution of a marriage or civil union
 Initial allocation of parental responsibility (“APR”)
 Parentage determinations
 Not part of dissolution of marriage or civil unions
 Modification of APR
 Protection orders
 Name changes
 Adult gender designation changes
 Filing & responding to motions for remedial contempt citations under C.R.C.P. 107

Question 3

Limitations on Courtroom Activities

Answer 3

 Not authorized to examine a witness
 Only allowed to address court upon the court’s request
 Limitations do not require withdrawal
 Client can retain lawyer for parts outside of LLP’s scope of practice; or
 Represent themselves pro se

Question 4

Rule 1.16A: Client File Retention

Answer 4

Rule 1.16A: Client File Retention
• Retain file for 10 years unless:
• File given to client
• Client authorizes destruction in writing
• Client receives notice of intent to destroy (must give 30 days’ notice)
• No pending or threatened legal proceedings that relate to matter
Rule 1.16A Notice Requirement
• LLP satisfies notice requirement by:
• Having written file retention policy; &
• Providing notice to client
• Fee agreement
• Writing delivered to client
• E.g., end of representation letter
• Must give 30 days’ notice

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Question 5

RULE 1.2(D)

Answer 5

• LLP must not counsel or assist client in engaging in criminal or fraudulent conduct
• LLP may discuss legal consequences of proposed conduct
• LLP may counsel & assist client to make good faith effort to comply with law
• Determine validity, scope, meaning or application of law
• “Colorado [counsel] should assume that ‘knowledge’ under the Rules includes willful
blindness… In this respect, [counsel’s] obligation under the Rules encompasses a duty
not to act with willful blindness or to commit or assist a client in committing criminal or
fraudulent acts.” (Ethics Opinion 142

Question 6

CRIMINAL & FRAUDULENT ACTIONS

Answer 6

CRIMINAL & FRAUDULENT ACTIONS
• Critical distinction between presenting an analysis of legal aspects of questionable
conduct & advising how a crime or fraud might be committed with impunity
• LLP may not continue assisting a client in conduct that LLP discovers is criminal or
fraudulent
• Counseling about use of medical marijuana expressly allowed by Rules
• LLP must withdraw from the representation of client (Rule 1.16(a))
• Sometimes withdrawal might be insufficient
• LLP may need to disaffirm opinion, document, affirmation, etc. (Rule 4.

Question 7

DILIGENCE

Answer 7

• LLP must act with reasonable diligence & promptness
• LLP should pursue a matter despite opposition, obstruction or personal inconvenience
• LLP should act with commitment and dedication to the interests of client & with zeal in
advocacy
• LLP not bound to press for every advantage that might be possible
• LLP should not use offensive tactics
• LLP should treat all people involved with courtesy & respect
• Applies to all stages of representatio

Question 8

COMMUNICATE REGULARLY
(RULE 1.4

Answer 8

• PROMPTLY INFORM CLIENT OF ANY DECISION OR CIRCUMSTANCE
REQUIRING INFORMED CONSENT
• CONSULT REGARDING MEANS BY WHICH OBJECTIVES TO BE ACCOMPLISHED
• KEEP CLIENT INFORMED OF STATUS
• CONSULT ABOUT LIMITATIONS OF LLP LICENSE
• EXPLAIN ALTERNATIVES AND LEGAL RAMIFICATIONS
• COMMUNICATE WHEN NATURE OF CASE CHANGES
• INFORM CLIENT OF ERRORS
• PROMPTLY COMPLY WITH REASONABLE REQUESTS FOR INFORMATION
• REASONABLENESS IS KEY

Question 9

PURPOSE OF RULE 1.4

Answer 9

• PERMITS CLIENT TO MAKE INFORMED DECISIONS ABOUT
REPRESENTATION
• ALLOWS CLIENT TO EFFECTIVELY PARTICIPATE IN REPRESENTATION
• MINIMIZES CLIENT’S NEED TO REQUEST INFORMATION
• “THE GUIDING PRINCIPLE IS THAT THE [LLP] SHOULD FULFILL
REASONABLE CLIENT EXPECTATIONS FOR INFORMATION
CONSISTENT WITH THE DUTY TO ACT IN THE CLIENT’S BEST INTERESTS,
AND THE CLIENT’S OVERALL REQUIREMENTS AS TO THE CHARACTER
OF REPRESENTATION.” (COMMENT 5 TO COLO. RPC 1.4)
• NO ONE HAS BEEN GRIEVED FOR COMMUNICATING TOO MUCH

Question 10

8 EXCEPTIONS TO
CONFIDENTIALITY

Answer 10

8 EXCEPTIONS TO
CONFIDENTIALITY
1. PREVENT DEATH OR SUBSTANTIAL BODILY HARM
2. PREVENT CLIENT FROM COMMITTING A CRIME
• EX: HIDING CHILDREN FROM OTHER PARENT
3. PREVENT CLIENT FROM COMMITTING FRAUD RESULTING IN
SUBSTANTIAL FINANCIAL OR PROPERTY INJURY WHEN LLP’S
SERVICES ARE USED
4. PREVENT, MITIGATE OR RECTIFY SUBSTANTIAL FINANCIAL OR
PROPERTY INJURY BY CLIENT’S CRIME OR FRAUD WHEN LLP’S
SERVICES ARE USED
5. SECURE LEGAL ADVICE ABOUT LLP’S COMPLIANCE WITH
RULES, LAW, OR COURT ORDER
6. DEFENSE AGAINST CLIENT’S CLAIMS REGARDING LLP’S
REPRESENTATION IN A LEGAL PROCEEDING
7. RESOLVE CONFLICTS OF INTEREST WHEN LLPS CHANGE
EMPLOYMENT
8. COMPLY WITH A LAW OR COURT ORDER

Question 11

INADVERTENT
OR
UNAUTHORIZED
DISCLOSURE
• RULE 1.6(C):

Answer 11

INADVER
• LLP SHALL MAKE REASONABLE EFFORTS TO PREVENT THE
INADVERTENT OR UNAUTHORIZED DISCLOSURE OF, OR
UNAUTHORIZED ACCESS TO, INFORMATION RELATED TO THE
REPRESENTATION OF A CLIENT
• “REASONABLE EFFORTS” FACTORS
• SENSITIVITY OF THE INFORMATION
• LIKELIHOOD OF DISCLOSURE IF NO ADDITIONAL
SAFEGUARDS
• COST OF SAFEGUARDS
• DIFFICULTY OF IMPLEMENTING SAFEGUARDS
• EXTENT SAFEGUARD AFFECT LLP’S ABILITY TO REPRESENT
CLIENTS
• BIG CONCERN = ELECTRONIC FILE SECURITY

Question 12

Rule 1.7(b)

Answer 12

• May still represent, despite a
concurrent conflict, provided that:
• LLP reasonably believes can provide
competent and diligent representation
to each affected client
• Representation is not prohibited by
law
• No direct adversity between clients
• Each affected client gives informed
consent in writing

Question 13

Rule 7.1

Answer 13

Prohibit false or misleading statements by the LLP about themselves or other services
. In all advertising LLPs must communicate that they have limited license to practice law
. Initial communication with prospect client must include written disclosure of limited license
. Firm without lawyers must include license legal professional in the firm name