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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What ethical rules does a Colorado lawyer have to satisfy to practice virtually or work remotely?
The same rules that apply in a brick-and-mortar office. The opinion concludes virtual practice does not change a lawyer's duties of competence, diligence, communication, confidentiality, and supervisi…
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…
Can a Colorado lawyer ethically take on too many cases, and are supervising lawyers responsible for a subordinate's excessive workload?
No to an excessive workload, and yes to supervisor responsibility. The opinion concludes the duties of competence, diligence, and communication affirmatively require every lawyer to control workload v…
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 consult a lawyer at another firm about a client's matter, and what must the lawyer do about confidentiality?
Yes, with limits. The opinion concludes a lawyer may consult a lawyer at another firm about a client's matter. General or hypothetical inquiries that do not reveal information relating to the represen…
Can a Colorado lawyer use marijuana legally under state law without violating the ethics rules, given that it remains a federal crime?
Yes, with limits. The opinion concludes that a lawyer's use of marijuana in compliance with Colorado law does not by itself violate Colo. RPC 8.4(b), because that rule requires a nexus between the cri…
What are a Colorado lawyer's duties for metadata, both when sending electronic documents and when receiving them from the other side?
A sending lawyer must use reasonable care, grounded in competence and confidentiality, to avoid transmitting metadata containing confidential information. A receiving lawyer generally may search and r…
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…
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 Colorado lawyer send a paralegal or other nonlawyer assistant to appear at a deposition, hearing, or administrative proceeding to represent a client?
The opinion concluded that using a nonlawyer legal assistant to represent a client at a deposition, or at a hearing or administrative proceeding where the task is the practice of law, aids the unautho…
Can a Colorado lawyer advertise as 'experienced' in personal injury or other litigation areas without substantial trial experience?
The opinion concluded that a lawyer who advertises must be or promptly become competent in the advertised area, that a lawyer without substantial trial experience misleads the public by claiming to be…
What are a Colorado lawyer's ethical duties when using paralegals and other nonlawyer assistants?
The opinion set out guidelines: a lawyer must ascertain an assistant's abilities, limitations, and training and limit the assistant's duties accordingly; train the assistant on the ethical standards t…
What must Colorado legal aid lawyers do when their program loses funding and they can no longer represent all their clients?
The opinion concluded that as substantial defunding becomes reasonably evident, legal services lawyers must protect existing clients first: notify clients, set priorities, inform the courts, and seek …
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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.