Last week, the Colorado Supreme Court approved four amendments to the Colorado Rules of Professional Conduct. The rules changes concern client file retention and publicity statements by attorneys and are effective immediately.
Rules 1.15, which deals with lawyer safeguarding of client property, was amended in sections (j) and (l) to account for the inclusion of new Rule 1.16A. Comment 1 to the rule was also amended.
Rule 1.16A was adopted and outlines the procedures for the retention and maintenance of a client’s file.
Rules 3.6 and 3.8, regarding extrajudicial comments an attorney may make, were also amended. Comments should be avoided that would increase public condemnation of the accused, but statements may be made to protect a client from “the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s client.”
The red-line rule changes can be reviewed at State Judicial.
Rule 1.15(j), (l) – “Safekeeping Property: Required Accounting Records; Retention of Records; Availability of Records”
Rule 1.16A – “Client File Retention”
Rule 3.6(b), (c) – “Trial Publicity”
Rule 3.8(f) – “Special Responsibilities of a Prosecutor”