March 26, 2019

Archives for April 19, 2010

CLE: “The Ethics of Representing Diminished Capacity Clients” One-Hour Program

CBA-CLE will host elder lawyer Bernard Poskus in a one-hour lunchtime program, “The Ethics of Representing Diminished Capacity Clients,” next Monday, April 26. The program will be held in CBA-CLE’s small classroom, and starts at noon. A catered lunch will be served.

Poskus has practiced law since 1978, with most of his practice being devoted to representation of the elderly, the disabled, and those persons who are otherwise disadvantaged. When a client is incapacitated, says Poskus, the typical client-lawyer relationship may not be possible, which leads to a number of thorny ethics questions:

  • What kind of relationship do you have with an incapacitated client? 
  • How do you get retained by an incapacitated client?
  • When, if ever, do you overrule your incapacitated client?
  • Can you be held liable for negligence for failing to overrule your incapacitated client?

These issues and more will be analyzed in Poskus’s presentation.

The presentation will also be available as a live webcast for those unable to attend. All program registrants, whether in person or off-site, are eligible to receive one one ethics CLE credit.

Register today!

Legal Update: C.R.C.P. 16 and 47 Go Up for Amendment

The Colorado Supreme Court is requesting written comments on proposed amendments (.pdf) to Colorado Rules of Civil Procedure (C.R.C.P.) 16 and 47.

The proposed amendment to C.R.C.P. 16, “Case Management and Trial Management,” will add language to the Rules that in jury trials, “the parties shall confer regarding the amount of time requested for juror examination and provide their positions along with their reasons therefore.”

The proposed amendments to C.R.C.P. 47, “Jurors,” will add language explaining the circumstances under which a party may request additional time for juror examination.

Interested parties are invited to submit written comments to the court prior to deliberation. Comments must be received by Susan J. Festag, Clerk of the Supreme Court, by the close of business on Friday, July 9.

Additional details here.

Legislation: Governor Signs Colorado Clean Air-Clean Jobs Act

With his signature today, Governor Bill Ritter enacted one of the most hotly contested bills before the Colorado legislature this session. HB 10-1365, known as the Colorado Clean Air-Clean Jobs Act, requires Colorado utility providers cut emissions by 80 percent by 2017.

The mandate will be achieved by energy companies, such as Xcel Energy and the Black Hills Corp., replacing or retro-fitting their aging and inefficient power plants with cleaner-burning natural gas technology. Power stations that are unable to upgrade or retro-fit their processors will be closed.

The bill was introduced on March 15 in the House by Rep. Judy Solano (D-Brighton) and Rep. Ellen Roberts (R-Durango), with Senate Minority Leader Josh Penry (R-Grand Junction) and Sen. Bruce Whitehead (D-Hesperus) as sponsors in the Senate. The bill had a brief and tumultuous ride to the governor’s desk, sparking a wild–not to mention costly–rumpus, with coal mining and railroad companies and unions on one side and Xcel Energy, natural gas and environmental lobbies, and the governor on the other.

Ritter advocated for Colorado plants adopting these changes now, well in advance of any federal air-quality rules changes on the horizon. Ritter has remarked that changes in emissions requirements will come regardless of whether Colorado is ready for or wants them, and prudence dictates that the state be ahead of the curve.

The Denver Post has covered the bill’s progression every step of the way.

(image source: rkimpeljr)