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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If a lawyer is personally a party in a case, can the lawyer talk directly to the represented opposing party without going through that party's attorney?
It depends on whether the lawyer is representing himself or herself. The opinion concludes that a lawyer who appears pro se is 'representing a client' and so is barred by Rule 4.2 from contacting the …
When a government agency is represented by counsel, can a Colorado lawyer contact its officials or employees directly, or does Rule 4.2's no-contact rule apply?
The opinion concludes that Rule 4.2's ban on contacting a represented organization applies to government bodies, so a lawyer generally may not contact officials who supervise or can bind the agency on…
Can a Colorado lawyer view someone's social media or send a friend request to investigate an opposing party, witness, juror, or judge?
The opinion concludes a lawyer may always view the public portion of anyone's social media. To see restricted (friends-only) content, the lawyer may request access from an unrepresented party or witne…
When a lawyer represents an organization in a dispute, does the lawyer also represent the organization's officers and employees, and what must the lawyer tell them?
No. The opinion concludes that representing an organization does not by itself create an attorney-client relationship with its constituents, and a lawyer may not assert otherwise without a reasonable …
Can a Colorado lawyer give a second opinion to someone already represented by another lawyer, without first getting that lawyer's consent?
Yes. The opinion concludes that Rule 4.2 does not require the second lawyer to obtain the first lawyer's consent when the client initiates contact for a second opinion, because Rule 4.2 protects the o…
Can a plaintiff's lawyer in Colorado contact the defendant's insurance adjuster directly once the insured is represented by defense counsel?
The opinion concluded that once a claimant's or plaintiff's lawyer knows the insurance company has retained counsel to represent its insured in the matter, that lawyer may not communicate, or cause an…
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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.