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…
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…
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…
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…
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No. The opinion concludes that once fees are properly withdrawn from trust under Rule 1.5(f) and the fee agreement, a later client dispute does not turn the money back into client property, and return…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 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…
When can a Colorado lawyer assert a charging lien for unpaid fees, and what must the lawyer do to take a security interest in a client's property?
The opinion concludes that a lawyer may assert a statutory charging lien (Rule 1.8(j); C.R.S. section 12-5-119) for fees against property the lawyer helped obtain, but only with strict compliance with…
Can a Colorado lawyer take an equity or ownership stake in a client company, either in place of cash fees or as an investment?
The opinion concluded that the Colorado Rules do not prohibit a lawyer from acquiring an ownership interest in a client, in lieu of a cash fee or as an investment, so long as the lawyer satisfies Rule…
Can a Colorado contingent fee agreement include a clause that converts the fee to an hourly or quantum meruit amount if the client fires the lawyer before the case resolves?
The opinion concluded that conversion clauses are not per se improper, but a clause is unethical if it penalizes the client's absolute right to discharge counsel or produces an unreasonable fee; it ad…
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 an insurer hires a lawyer to defend its insured, whose interests come first if the insurer and the insured disagree on strategy?
The opinion concluded that a lawyer hired by a liability insurer to defend its insured must represent the insured with undivided fidelity and may not take any position potentially disadvantageous to t…
Can a lawyer take over a matter from another lawyer the client wants to replace?
The opinion concluded that a lawyer may properly accept employment on a matter previously handled by another lawyer, provided the superseding lawyer has assured himself that the client has given the f…
Can an insurance company select and pay the lawyer who represents a minor's guardian in getting court approval of an injury settlement?
The opinion concluded that it is unethical for a lawyer to represent a minor's guardian in obtaining court approval of an injury settlement when the lawyer was selected or employed by the insurance co…
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…
How much can a Colorado lawyer charge for a foreclosure, and can the fee be higher because a non-client debtor or purchaser pays it?
The opinion concluded that a lawyer may not agree to, charge, or collect an illegal or clearly excessive fee for handling a foreclosure, that a fee amount specified in the note or security instrument …
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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.