October 18, 2017

Rule 8.4 of Colorado Rules of Professional Conduct Amended in Rule Change 2017(09)

On Thursday, September 28, 2017, the Colorado Supreme Court released Rule Change 2017(09), amending Rule 8.4 of the Colorado Rules of Professional Conduct. Rule 8.4 addresses attorney misconduct. The change to the rule only involves subsection (c), which is amended by the addition of a clause to clarify that attorneys may advise, direct, or supervise others in lawful investigatory activities:

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation, except that a lawyer may advise, direct, or supervise others, including clients, law enforcement officers, or investigators, who participate in lawful investigative activities;

The rule change is effective immediately. A redline and clean copy of the rule change is available here. All of the Colorado Supreme Court’s adopted and proposed rule changes are available here.

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