May 30, 2017

Archives for July 15, 2016

New and Revised Ethics Opinions Address Unbundling, Missing Clients

The Colorado Bar Association’s Ethics Committee has released Formal Opinion 128, addressing missing clients, and has revised Formal Opinion 101, addressing unbundling of legal services. Formal Opinion 128, “Ethical Duties of Lawyer Who Cannot Contact Client,” addresses situations where a client disappears at some time during the representation, or situations where a lawyer is retained by an insurance company to represent an insured but cannot locate the client. The CBA Ethics Committee opines that the lawyer should continue to act on behalf of the client in order to preserve legal rights, as long as the actions do not conflict with other ethical rules. The Committee also notes that the lawyer should take reasonable steps to locate the missing client.

Formal Opinion 101, “Unbundled Legal Services,” was revised by the Ethics Committee and reenacted as a new opinion. Formal Opinion 101 addresses unbundled legal services, where a lawyer undertakes part of the representation for a client but does not provide full services, such as in situations where a client cannot afford the full range of legal services but retains a lawyer to “ghostwrite” pleadings. The Ethics Committee incorporated the changes to Colo. RPC 1.2(c), which rule specifically allows limited representation, and the amendments to C.R.C.P. 11(b) and 311(b), which allow “ghostwriting” of pleadings. The opinion discusses the rule changes and their significance to lawyers in limited representations.

These rules and more will be discussed at CBA-CLE on July 26, 2016, at a breakfast program: “Ethics Rules Changes – Effective April 6, 2016.” Speakers Marcy Glenn, David Stark, and Jamie Sudler will discuss the new and revised rules and their implications for practitioners. Click the links below to register, or call (303) 860-0608.

 

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CLE Program: Ethics Rules Changes — Effective April 6, 2016

This CLE presentation will occur on July 26, 2016, at the CBA-CLE offices (1900 Grant Street, Third Floor), from 8:30 a.m. to 9:50 a.m. Register for the live program here or register for the webcast here. You may also call (303) 860-0608 to register.

Can’t make the live program? Order the homestudy here: MP3Video OnDemand.

Hon. Gregory G. Lyman to Retire from Sixth Judicial District Court

lymanOn Thursday, July 14, 2016, the Colorado State Judicial Branch announced the retirement of Hon. Gregory G. Lyman from the Sixth Judicial District Court, effective January 10, 2017. Judge Lyman was appointed to the district court in June 1996, where he primarily handles civil, criminal, probate, and domestic relations matters. He is the Chief Judge of the Sixth Judicial District, and is also a Water Judge in Division 7. Prior to his appointment to the bench, he was the District Attorney of the Sixth Judicial District and also worked at the District Attorney’s Office in the Seventh Judicial District. He was in private practice before his work as a District Attorney. Judge Lyman received his law degree from the University of Colorado Law School.

Applications are now being accepted for the vacancy on the Sixth Judicial District Court bench. Eligible applicants must be qualified electors of the Sixth Judicial District and must have been licensed to practice law in Colorado for five years. Application forms are available from the State Judicial website or from the ex officio chair of the Sixth Judicial District Nominating Commission, Justice Brian Boatright. Completed applications must be received no later than noon on August 5, 2016, and anyone wishing to nominate another must do so no later than July 29, 2016.

For more information about the vacancy, click here.

Colorado Court of Appeals: Announcement Sheet, 7/14/2016

On Thursday, July 14, 2016, the Colorado Court of Appeals issued eight published opinions and 35 unpublished opinions.

People v. Lucero

People v. Stellabotte

People v. Vasseur

Rangeview LLC v. City of Aurora

People v. Boulden

Mark West Energy Partners L.P. v. Zurich American Insurance Co.

Mortgage Investment Enterprises, LLC v. Oakwood Holdings, LLC

People in Interest of L.K.

Summaries of these cases are forthcoming, courtesy of The Colorado Lawyer.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 7/14/2016

On Thursday, July 14, 2016, the Tenth Circuit Court of Appeals issued no published opinion and one unpublished opinion.

Mingo v. Raemisch

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.