Colorado Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Colorado Bar Association, with full citations and source links on every page.
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Can a Colorado lawyer be paid through a crowdfunding campaign, and what are the ethical limits when the lawyer runs the campaign instead of the client?
Yes. The opinion concludes crowdfunding to pay legal fees is not presumptively unethical, but the lawyer must keep the third-party payor from interfering with professional judgment, avoid unauthorized…
Does a Colorado lawyer have an ethical duty to create a succession plan, and what should the plan cover?
The Rules do not formally require a succession plan, but the opinion concludes that the duty of diligence in Colo. RPC 1.3 (and Comment [5] for sole practitioners) supports having one. The opinion map…
What must a Colorado lawyer's fee agreement contain, and what fee terms are prohibited?
The opinion explains that Colo. RPC 1.5(b) requires a lawyer to communicate the basis or rate of the fee and expenses and the scope of representation in writing, and that nonrefundable fees and retain…
What must a Colorado lawyer do after a data breach exposes client information?
The opinion concludes a lawyer must make reasonable efforts to prevent, monitor for, stop, and investigate any breach of data the lawyer controls, and must timely notify current clients and affected t…
Can a Colorado lawyer charge interest or a finance charge on a client's unpaid legal fees, and does the lawyer have to disclose it in advance?
The opinion concludes that a lawyer may contract to charge reasonable interest on unpaid fees and expenses, but may not unilaterally impose interest or a finance charge absent a prior agreement with t…
What can a lawyer do when the client is missing or won't respond, and a court deadline is approaching?
The opinion concludes a lawyer who cannot contact a client must make a diligent, documented effort to locate the client and seek continuances of deadlines. If a lawyer-client relationship exists, the …
What are a Colorado lawyer's duties when an adult client seems unable to make adequately considered decisions?
The opinion concludes the lawyer must, as far as reasonably possible, maintain a normal client-lawyer relationship (Rule 1.14(a)). If the lawyer reasonably believes the client has diminished capacity,…
What are a Colorado court-appointed attorney's ethical duties to a respondent parent in a dependency and neglect case who stops appearing or communicating, and must the lawyer appeal a termination of parental rights on request?
The opinion concludes that an appointed lawyer must give the client a writing explaining the no-cost appointment and the nature of the representation, must keep advocating competently even if the clie…
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Legal ethics opinions from the Colorado Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.