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 act as escrow agent for all parties to a deal while also representing one party in it?
Yes, with informed consent. The opinion concludes a lawyer may serve as escrow agent for all parties and as counsel to one of them in the same transaction if all parties consent after full disclosure …
When a Colorado lawyer is fired or withdraws, what parts of the client's file must the lawyer hand over, and can the lawyer charge the client for copies?
The opinion concludes that on termination a lawyer must, under Colo. RPC 1.16(d), surrender on demand the portions of the file the client needs to protect the client's interests (including editable el…
If a Colorado lawyer already took earned fees out of the trust account and the client then disputes the bill, must the lawyer put the disputed money back into trust?
No. The opinion concludes that once fees are properly withdrawn from trust under Rule 1.5(f) and the fee agreement, a later client dispute does not turn the money back into client property, and return…
What must a Colorado lawyer do after receiving privileged or confidential documents the other side disclosed by mistake?
The opinion concluded that a lawyer who receives documents that appear privileged or confidential must, on recognizing their nature, notify the sending lawyer, and that giving notice is the only ethic…
Can a Colorado lawyer settle a malpractice claim with their own client, and what protections does the client get?
The opinion concluded that a lawyer may settle a client's malpractice claim against the lawyer only after disclosing the facts and the nature and extent of the claim, advising the client (preferably i…
Can a Colorado lawyer keep a client's papers as a retaining lien for unpaid fees, and when is asserting that lien ethically off limits?
The opinion concluded that a lawyer may ethically assert a statutory retaining lien on a client's papers when a client who can afford to pay fees fails or refuses to, but may not assert the lien in ni…
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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.