The Colorado Rules of Professional Conduct are clear that when an attorney is in possession of client property, such as a retainer, the attorney must exercise the utmost care in safekeeping that property. However, what are the ethical guidelines to follow if the property the attorney is asked to keep safe has been used in a crime? Is it ethical for an attorney to keep safe a gun that was used in the commission of a crime?
The Rules of Professional Conduct mandate that all client dealings must be kept confidential. However, they also require that attorneys refrain from conduct involving deceit, fraud, dishonesty, or misrepresentation. How can an attorney retain confidentiality while not assisting the client in hiding a murder weapon? What is the attorney to do about the evidentiary issues that arise in this scenario?
These topics and more will be discussed on Friday, December 28, 2012 at noon. Gerald Pratt, of Pratt & Landry, will present on ethical issues involved in procuring evidence. He will give guidance on how an attorney should react when presented with a smoking gun or a compromised computer, the nuances of preserving evidence versus limiting access to evidence, and more. Please join us for this final ethics presentation of the year.