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 agree to a non-compete, anti-poaching, or broad confidentiality clause in a partnership or employment agreement?
Mostly no. The opinion concludes that any covenant in a partnership, shareholder, operating, or employment agreement violates Colo. RPC 5.6(a) if it restrains a lawyer's independent judgment for other…
What must a Colorado criminal defense lawyer do when a client hands over a gun, money, a phone, or other incriminating physical or digital evidence?
The opinion concludes that a lawyer who takes possession of incriminating physical or digital evidence has an affirmative duty under Rule 3.4(a) and Colorado criminal law to surrender it to the author…
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…
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…
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 respond publicly to a client's negative online review?
Yes, but narrowly. The opinion concludes no rule bars a lawyer from responding to online criticism, but Rules 1.6 and 1.9(c) prohibit revealing information relating to the representation unless the cl…
What are the ethics rules for Colorado lawyers who share office space or use a virtual office, especially around conflicts, client confidences, and firm names?
The opinion concludes that office-sharing and virtual-office lawyers may share space but must avoid being treated as one 'firm' for imputed-conflict purposes (or get informed written consent), must ta…
After a client dies, can the lawyer who drafted the will disclose the client's confidential information to family or the personal representative?
Usually not. The opinion concludes the duty of confidentiality and the attorney-client privilege survive a client's death, so a lawyer ordinarily may not disclose protected information to family membe…
Can a Colorado lawyer let a third party, such as a parent, employer, or family member, pay the client's legal fees?
Yes, under Rule 1.8(f). The opinion concludes a lawyer may accept payment from someone other than the client if the client gives informed consent, the payer does not interfere with the lawyer's indepe…
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 must a Colorado lawyer do in a civil case after learning that the lawyer, the client, or a witness gave the court false evidence?
The opinion concludes that under Colo. RPC 3.3 a lawyer who knows material evidence is false must take reasonable remedial measures: first remonstrate confidentially with the client, then, if needed, …
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 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 an insurance defense lawyer send the insured's defense bills to the insurer's outside billing auditor, and must the lawyer follow the insurer's billing guidelines?
The opinion concluded that a lawyer's primary duty in the insurer-insured-lawyer relationship is to the insured, so the lawyer must obtain the insured's informed consent before disclosing confidential…
In a Colorado criminal case, can a lawyer use a subpoena duces tecum to get documents from a witness without notifying the other side, and what must the lawyer do if a subpoenaed witness sends privileged material?
The opinion concluded that a lawyer may not use a subpoena duces tecum in a criminal case to obtain an exclusive or earlier review of documents without giving the required notice to opposing counsel o…
Can a Colorado lawyer accept credit card payment for legal fees and expenses, and what ethics rules apply to client confidentiality and advance fees paid by card?
The opinion concluded that a lawyer may accept payment for legal services and expenses by credit card if the lawyer first consults with the client and implements protective measures, chiefly safeguard…
When must a Colorado lawyer report another lawyer's ethics violation, and to whom must the report be made?
The opinion concluded that the duty to report under Rule 8.3(a) is triggered only by a lawyer's actual knowledge (which may be inferred from circumstances) of a violation that raises a substantial que…
Can a Colorado water lawyer represent more than one client with water rights on the same river system?
The opinion concluded that representing multiple clients with water rights in the same river system is not by itself a conflict; a conflict arises under Rule 1.7 only when one client's water right or …
Can one lawyer represent both spouses in a Colorado dissolution-of-marriage case?
The opinion concluded that a lawyer may not represent both parties to a dissolution where conflicting interests exist, and because property, support, custody, or maintenance issues nearly always creat…
Can a lawyer sue a client or use a collection agency to recover an agreed, unpaid legal fee?
The opinion concluded that, although lawsuits and controversies over fees should be avoided, a lawyer may ethically recover an agreed, unpaid fee either by suing the client in the lawyer's own name or…
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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.