Colorado Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Colorado Bar Association, with full citations and source links on every page.
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Can a Colorado lawyer agree to a non-compete, anti-poaching, or broad confidentiality clause in a partnership or employment agreement?
Mostly no. The opinion concludes that any covenant in a partnership, shareholder, operating, or employment agreement violates Colo. RPC 5.6(a) if it restrains a lawyer's independent judgment for other…
What must a Colorado criminal defense lawyer do when a client hands over a gun, money, a phone, or other incriminating physical or digital evidence?
The opinion concludes that a lawyer who takes possession of incriminating physical or digital evidence has an affirmative duty under Rule 3.4(a) and Colorado criminal law to surrender it to the author…
Can a Colorado lawyer be paid through a crowdfunding campaign, and what are the ethical limits when the lawyer runs the campaign instead of the client?
Yes. The opinion concludes crowdfunding to pay legal fees is not presumptively unethical, but the lawyer must keep the third-party payor from interfering with professional judgment, avoid unauthorized…
What ethical rules does a Colorado lawyer have to satisfy to practice virtually or work remotely?
The same rules that apply in a brick-and-mortar office. The opinion concludes virtual practice does not change a lawyer's duties of competence, diligence, communication, confidentiality, and supervisi…
Does a Colorado lawyer have an ethical duty to create a succession plan, and what should the plan cover?
The Rules do not formally require a succession plan, but the opinion concludes that the duty of diligence in Colo. RPC 1.3 (and Comment [5] for sole practitioners) supports having one. The opinion map…
Can a Colorado lawyer ethically take on too many cases, and are supervising lawyers responsible for a subordinate's excessive workload?
No to an excessive workload, and yes to supervisor responsibility. The opinion concludes the duties of competence, diligence, and communication affirmatively require every lawyer to control workload v…
When does a Colorado lawyer's biased, discriminatory, or sexually harassing conduct violate the ethics rules, and how do Colorado's rules differ from the ABA's?
Colo. RPC 8.4(g) bars conduct that exhibits or is intended to appeal to or engender bias, but only 'in the representation of a client,' while Colo. RPC 8.4(i) bars sexual harassment in the broader sph…
What must a Colorado lawyer's fee agreement contain, and what fee terms are prohibited?
The opinion explains that Colo. RPC 1.5(b) requires a lawyer to communicate the basis or rate of the fee and expenses and the scope of representation in writing, and that nonrefundable fees and retain…
In a transactional matter, when does a Colorado lawyer have a duty to inquire further if the lawyer suspects the client's purpose may be criminal or fraudulent?
A lawyer must inquire only when the lawyer actually knows facts that are obvious indicators of a client's intent to use the lawyer to facilitate a crime or fraud. The opinion concludes 'knowledge' und…
What must a Colorado lawyer do after a data breach exposes client information?
The opinion concludes a lawyer must make reasonable efforts to prevent, monitor for, stop, and investigate any breach of data the lawyer controls, and must timely notify current clients and affected t…
Can a Colorado lawyer act as escrow agent for all parties to a deal while also representing one party in it?
Yes, with informed consent. The opinion concludes a lawyer may serve as escrow agent for all parties and as counsel to one of them in the same transaction if all parties consent after full disclosure …
Do Colorado's fee-division rules apply when a firm shares fees with an 'of counsel' lawyer, and can a lawyer be 'of counsel' to two firms?
No special fee-split rules, but watch conflicts. The opinion concludes that a lawyer who is genuinely 'of counsel' (a close, regular, personal association) is treated as in the same firm, so Rule 1.5(…
Can a Colorado lawyer consult a lawyer at another firm about a client's matter, and what must the lawyer do about confidentiality?
Yes, with limits. The opinion concludes a lawyer may consult a lawyer at another firm about a client's matter. General or hypothetical inquiries that do not reveal information relating to the represen…
Can a Colorado lawyer advise or supervise investigators, clients, or police who use deception in a lawful investigation, and can the lawyer do it personally?
The opinion concludes that amended Rule 8.4(c) lets a lawyer advise, direct, or supervise others, including clients, police, and investigators, who use dishonesty or deceit in lawful investigative act…
Can a Colorado lawyer respond publicly to a client's negative online review?
Yes, but narrowly. The opinion concludes no rule bars a lawyer from responding to online criticism, but Rules 1.6 and 1.9(c) prohibit revealing information relating to the representation unless the cl…
When a Colorado lawyer is fired or withdraws, what parts of the client's file must the lawyer hand over, and can the lawyer charge the client for copies?
The opinion concludes that on termination a lawyer must, under Colo. RPC 1.16(d), surrender on demand the portions of the file the client needs to protect the client's interests (including editable el…
What are the ethics rules for Colorado lawyers who share office space or use a virtual office, especially around conflicts, client confidences, and firm names?
The opinion concludes that office-sharing and virtual-office lawyers may share space but must avoid being treated as one 'firm' for imputed-conflict purposes (or get informed written consent), must ta…
If a lawyer is personally a party in a case, can the lawyer talk directly to the represented opposing party without going through that party's attorney?
It depends on whether the lawyer is representing himself or herself. The opinion concludes that a lawyer who appears pro se is 'representing a client' and so is barred by Rule 4.2 from contacting the …
After a client dies, can the lawyer who drafted the will disclose the client's confidential information to family or the personal representative?
Usually not. The opinion concludes the duty of confidentiality and the attorney-client privilege survive a client's death, so a lawyer ordinarily may not disclose protected information to family membe…
Can a Colorado lawyer let a third party, such as a parent, employer, or family member, pay the client's legal fees?
Yes, under Rule 1.8(f). The opinion concludes a lawyer may accept payment from someone other than the client if the client gives informed consent, the payer does not interfere with the lawyer's indepe…
Can a Colorado lawyer charge interest or a finance charge on a client's unpaid legal fees, and does the lawyer have to disclose it in advance?
The opinion concludes that a lawyer may contract to charge reasonable interest on unpaid fees and expenses, but may not unilaterally impose interest or a finance charge absent a prior agreement with t…
Can a Colorado lawyer provide limited scope (unbundled) representation or ghostwrite pleadings for a self-represented litigant, and what must the lawyer disclose to the court?
The opinion concludes that Colo. RPC 1.2(c) permits limited scope representation, including ghostwriting court documents, if the limitation is reasonable and the client gives informed consent; all oth…
When a government agency is represented by counsel, can a Colorado lawyer contact its officials or employees directly, or does Rule 4.2's no-contact rule apply?
The opinion concludes that Rule 4.2's ban on contacting a represented organization applies to government bodies, so a lawyer generally may not contact officials who supervise or can bind the agency on…
What can a lawyer do when the client is missing or won't respond, and a court deadline is approaching?
The opinion concludes a lawyer who cannot contact a client must make a diligent, documented effort to locate the client and seek continuances of deadlines. If a lawyer-client relationship exists, the …
What are a Colorado lawyer's duties when an adult client seems unable to make adequately considered decisions?
The opinion concludes the lawyer must, as far as reasonably possible, maintain a normal client-lawyer relationship (Rule 1.14(a)). If the lawyer reasonably believes the client has diminished capacity,…
Can a Colorado lawyer view someone's social media or send a friend request to investigate an opposing party, witness, juror, or judge?
The opinion concludes a lawyer may always view the public portion of anyone's social media. To see restricted (friends-only) content, the lawyer may request access from an unrepresented party or witne…
Can a Colorado lawyer pay or accept referral fees, pay a lawyer referral service, or join a networking group that sends the lawyer clients?
The opinion concludes that a Colorado lawyer may neither pay nor accept a referral fee (Rule 1.5(e)) and may not give anything of value for recommending the lawyer's services (Rule 7.2(b)), but may pa…
In Colorado, can a lawyer act as trial advocate when the lawyer or a lawyer in the same firm is likely to be a witness, and can a party subpoena opposing counsel as a witness?
The opinion concludes that a lawyer who is likely to be a necessary witness generally may not also act as advocate at trial unless a Rule 3.7(a) exception applies (uncontested issue, value of legal se…
Can a Colorado lawyer use marijuana legally under state law without violating the ethics rules, given that it remains a federal crime?
Yes, with limits. The opinion concludes that a lawyer's use of marijuana in compliance with Colorado law does not by itself violate Colo. RPC 8.4(b), because that rule requires a nexus between the cri…
In Colorado, when may one lawyer represent both sides of a deal, such as buyer and seller or a husband and wife?
The opinion concludes there is no per se bar to representing multiple parties in a transaction, but the lawyer must first reasonably believe the lawyer can adequately represent each client and then ob…
What must a Colorado lawyer do in a civil case after learning that the lawyer, the client, or a witness gave the court false evidence?
The opinion concludes that under Colo. RPC 3.3 a lawyer who knows material evidence is false must take reasonable remedial measures: first remonstrate confidentially with the client, then, if needed, …
Can a Colorado lawyer pay to participate in an online lawyer-marketing or lead-generation program, or does Rule 7.2 treat it as a prohibited paid referral service?
It depends on whether the program is a directory or a referral service. The opinion concludes that under Colo. RPC 7.2 a lawyer may pay the fixed costs of an online directory listing that identifies i…
When a lawyer represents an organization in a dispute, does the lawyer also represent the organization's officers and employees, and what must the lawyer tell them?
No. The opinion concludes that representing an organization does not by itself create an attorney-client relationship with its constituents, and a lawyer may not assert otherwise without a reasonable …
What are a Colorado lawyer's duties for metadata, both when sending electronic documents and when receiving them from the other side?
A sending lawyer must use reasonable care, grounded in competence and confidentiality, to avoid transmitting metadata containing confidential information. A receiving lawyer generally may search and r…
If a Colorado lawyer already took earned fees out of the trust account and the client then disputes the bill, must the lawyer put the disputed money back into trust?
No. The opinion concludes that once fees are properly withdrawn from trust under Rule 1.5(f) and the fee agreement, a later client dispute does not turn the money back into client property, and return…
Can a Colorado lawyer sign a collaborative-law agreement promising to withdraw if the case does not settle, and how does cooperative law differ?
The opinion concludes that practicing collaborative law violates Rule 1.7(b) where the lawyer signs a four-way agreement with the opposing party requiring withdrawal if the process fails, and that the…
What are a Colorado court-appointed attorney's ethical duties to a respondent parent in a dependency and neglect case who stops appearing or communicating, and must the lawyer appeal a termination of parental rights on request?
The opinion concludes that an appointed lawyer must give the client a writing explaining the no-cost appointment and the nature of the representation, must keep advocating competently even if the clie…
In Colorado, can a lawyer secretly record a conversation, or direct an investigator to, even when one-party-consent recording is legal under state law?
The opinion concludes that surreptitious recording by a lawyer is generally improper even if legal, because it involves an element of deceit under Rule 8.4(c), and that a lawyer generally may not dire…
Can a Colorado lawyer give a second opinion to someone already represented by another lawyer, without first getting that lawyer's consent?
Yes. The opinion concludes that Rule 4.2 does not require the second lawyer to obtain the first lawyer's consent when the client initiates contact for a second opinion, because Rule 4.2 protects the o…
When can a Colorado lawyer assert a charging lien for unpaid fees, and what must the lawyer do to take a security interest in a client's property?
The opinion concludes that a lawyer may assert a statutory charging lien (Rule 1.8(j); C.R.S. section 12-5-119) for fees against property the lawyer helped obtain, but only with strict compliance with…
Can a Colorado lawyer take an equity or ownership stake in a client company, either in place of cash fees or as an investment?
The opinion concluded that the Colorado Rules do not prohibit a lawyer from acquiring an ownership interest in a client, in lieu of a cash fee or as an investment, so long as the lawyer satisfies Rule…
What must a Colorado lawyer do after receiving privileged or confidential documents the other side disclosed by mistake?
The opinion concluded that a lawyer who receives documents that appear privileged or confidential must, on recognizing their nature, notify the sending lawyer, and that giving notice is the only ethic…
Can an insurance defense lawyer send the insured's defense bills to the insurer's outside billing auditor, and must the lawyer follow the insurer's billing guidelines?
The opinion concluded that a lawyer's primary duty in the insurer-insured-lawyer relationship is to the insured, so the lawyer must obtain the insured's informed consent before disclosing confidential…
How do conflict-of-interest, imputation, and fee-division rules apply to a temporary or contract lawyer engaged by a Colorado firm, and to placement agencies?
The opinion concluded that a temporary lawyer represents the engaging firm's client and is bound by all the conflict rules; whether the temporary lawyer's conflicts are imputed to or from the firm tur…
Can a Colorado lawyer pay a fact (non-expert) witness in a civil case for the time spent testifying and preparing to testify?
The opinion concluded that a lawyer may reimburse a non-expert witness in a civil action both for expenses and for the reasonable value of time spent testifying and preparing to testify, as long as th…
In a Colorado criminal case, can a lawyer use a subpoena duces tecum to get documents from a witness without notifying the other side, and what must the lawyer do if a subpoenaed witness sends privileged material?
The opinion concluded that a lawyer may not use a subpoena duces tecum in a criminal case to obtain an exclusive or earlier review of documents without giving the required notice to opposing counsel o…
Can a Colorado contingent fee agreement include a clause that converts the fee to an hourly or quantum meruit amount if the client fires the lawyer before the case resolves?
The opinion concluded that conversion clauses are not per se improper, but a clause is unethical if it penalizes the client's absolute right to discharge counsel or produces an unreasonable fee; it ad…
Can a Colorado lawyer accept credit card payment for legal fees and expenses, and what ethics rules apply to client confidentiality and advance fees paid by card?
The opinion concluded that a lawyer may accept payment for legal services and expenses by credit card if the lawyer first consults with the client and implements protective measures, chiefly safeguard…
When must a Colorado lawyer report another lawyer's ethics violation, and to whom must the report be made?
The opinion concluded that the duty to report under Rule 8.3(a) is triggered only by a lawyer's actual knowledge (which may be inferred from circumstances) of a violation that raises a substantial que…
Can a Colorado water lawyer represent more than one client with water rights on the same river system?
The opinion concluded that representing multiple clients with water rights in the same river system is not by itself a conflict; a conflict arises under Rule 1.7 only when one client's water right or …
Can a Colorado lawyer agree, as part of settling a case, not to represent other clients against the same defendant or to limit how the lawyer handles future cases?
The opinion concluded that under Rule 5.6(b) a lawyer may not offer or make a settlement that restricts the lawyer's right to practice, including a promise not to represent other claimants against the…
Can a Colorado lawyer settle a malpractice claim with their own client, and what protections does the client get?
The opinion concluded that a lawyer may settle a client's malpractice claim against the lawyer only after disclosing the facts and the nature and extent of the claim, advising the client (preferably i…
Can a Colorado lawyer keep a client's papers as a retaining lien for unpaid fees, and when is asserting that lien ethically off limits?
The opinion concluded that a lawyer may ethically assert a statutory retaining lien on a client's papers when a client who can afford to pay fees fails or refuses to, but may not assert the lien in ni…
Can a Colorado lawyer participate in a prepaid or group legal service plan, and what conditions must the plan meet?
The opinion concluded that a lawyer may participate in a prepaid legal service plan only if the plan complies with the governing rules: the plan member (not the plan) must be the client, the plan must…
Can a Colorado lawyer send a paralegal or other nonlawyer assistant to appear at a deposition, hearing, or administrative proceeding to represent a client?
The opinion concluded that using a nonlawyer legal assistant to represent a client at a deposition, or at a hearing or administrative proceeding where the task is the practice of law, aids the unautho…
Can a Colorado lawyer use a medical-legal consulting firm on a contingent or modified contingent fee basis in a malpractice or personal injury case?
The opinion concluded that using a medical-legal consulting firm on a contingent or modified contingent fee basis raises serious risks under the Code of Professional Responsibility, including whether …
Can a Colorado lawyer advertise as 'experienced' in personal injury or other litigation areas without substantial trial experience?
The opinion concluded that a lawyer who advertises must be or promptly become competent in the advertised area, that a lawyer without substantial trial experience misleads the public by claiming to be…
Can a Colorado lawyer send a newsletter about legal developments to clients and prospective clients, and must the lawyer disclose if someone else wrote it?
The opinion concluded that a lawyer may send a newsletter on current legal developments to existing clients and to non-clients, even where pecuniary gain is a significant motive, so long as it contain…
Can a plaintiff's lawyer in Colorado contact the defendant's insurance adjuster directly once the insured is represented by defense counsel?
The opinion concluded that once a claimant's or plaintiff's lawyer knows the insurance company has retained counsel to represent its insured in the matter, that lawyer may not communicate, or cause an…
Can defense counsel in a Colorado personal injury or malpractice case talk ex parte with the plaintiff's treating physician once the plaintiff has put a medical condition in issue?
The opinion concluded that although a plaintiff who pleads a physical or mental condition impliedly waives the physician-patient or psychologist-client privilege for that condition, defense counsel ma…
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Legal ethics opinions from the Colorado Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.