Rules Do Apply

Check out the rule change to Colo. RPC 8.4(c), and rule change proposals for Mandatory Continuing Legal and Judicial Education, and Conditional Admission.

By Dawn McKnight

 

Amendments and Proposed Revisions to the Rules

Colo. RPC 8.4(c)

Effective September 28, 2017, following a public hearing on September 14, 2017, the Colorado Supreme Court adopted an amendment to Colorado Rule of Professional Conduct 8.4(c). With this amendment, the Rule now states:

Rule 8.4. Misconduct

It is professional misconduct for a lawyer to:

(a) – (b) [NO CHANGE]

(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;

(d) – (h) [NO CHANGE]

COMMENT [NO CHANGE]

Public comments, including those submitted by the Office of Attorney Regulation Counsel, are available at:

https://www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes/Historic_Information.cfm

 

Proposed Revisions to the Colorado Rules of Civil Procedure

Mandatory Continuing Legal and Judicial Education

In May 2017, the Supreme Court Advisory Committee submitted proposed changes to C.R.C.P. 260 (Mandatory Continuing Legal and Judicial Education) to the Colorado Supreme Court. Some of the proposed changes include:

·        The inclusion of a “live” (in person or webinar attendance) requirement to encourage lawyers to be more engaged in continuing legal education as professional development.

·        Removing the age 65 exemption and recognizing that professional development is important for all actively practicing lawyers, regardless of age.

·        Refining confidentiality provisions to make continuing legal education transcripts and some other records available to the public.

The text of the revisions, as well as public comments, are available at: https://www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm

Conditional Admission

Also in May 2017, the Supreme Court Advisory Committee submitted proposed changes to the rules governing admission to practice in Colorado to the Colorado Supreme Court, specifically to C.R.C.P 208, 209, 211 and 251.28. The proposed revisions would establish an option for an applicant to the Colorado Bar to be conditionally admitted to the practice of law in Colorado.

To be eligible for conditional admission, the applicant would be required to demonstrate that the prior conduct which would otherwise indicate he or she lacks the requisite character and fitness necessary to practice in Colorado was caused by or related to a diagnosed mental health condition or disorder, that he or she has been engaged in an effective and ongoing course of treatment for the condition or disorder for a duration sufficient to demonstrate commitment and progress towards managing the condition or disorder, and that the recurrence of the conduct is unlikely if the treatment continues for a sustained period of time.

The revisions also establish the process for conditional admission.  The Presiding Disciplinary Judge or a Hearing Panel could recommend to the Supreme Court that the applicant be conditionally admitted, and to make recommendations regarding the conditions with which an applicant must comply to be admitted. Only the Supreme Court could enter the order of conditional admission.

The text of the proposed revisions as well as public comments are available at: https://www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm.

Dawn McKnight is Deputy Regulation Counsel in the Office of Attorney Regulation Counsel.