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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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…
What can a lawyer do when the client is missing or won't respond, and a court deadline is approaching?
The opinion concludes a lawyer who cannot contact a client must make a diligent, documented effort to locate the client and seek continuances of deadlines. If a lawyer-client relationship exists, the …
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, …
Can a Colorado lawyer sign a collaborative-law agreement promising to withdraw if the case does not settle, and how does cooperative law differ?
The opinion concludes that practicing collaborative law violates Rule 1.7(b) where the lawyer signs a four-way agreement with the opposing party requiring withdrawal if the process fails, and that the…
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 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…
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 …
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…
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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.