November 1, 2014

Colorado Supreme Court Amends Professional Conduct Rules Regarding Fee Change Communications

The Colorado Supreme Court has approved a new amendment to the Colorado Rules of Professional Conduct. The rule change concerns communications with clients regarding changes to the basis or rate of fees or expenses.

Rules 1.5, which deals with fees, was amended in section (b) to require that any changes in the basis or rate of the fee or expenses be promptly communicated to the client, in writing. The amended rule removes and replaces the following language: “Except as provided in a written fee agreement, any material changes to the basis or rate of the fee or expenses are subject to the provisions of Rule 1.8(a).”

The new language of Rule 1.5(b) reads:

When the lawyer has not regularly represented the client, the basis or rate of the fee and expenses shall be communicated to the client, in writing, before or within a reasonable time after commencing the representation. Any changes in the basis or rate of the fee or expenses shall also be promptly communicated to the client, in writing.

The rule change can be reviewed at State Judicial.

Affected Rules:

Rule 1.5 – “Fees”

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