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.