Rule 251.14.Complaint -- Contents,
Service
(a)Contents of Complaint. Complaints seeking to establish grounds for
discipline of an attorney shall be filed as provided by these Rules with the
Presiding Disciplinary Judge. An original and three copies of the complaint
shall be filed.
The complaint shall set forth clearly and with particularity the grounds for
discipline with which the respondent is charged and the conduct of the
respondent which gave rise to those charges.
All disciplinary and disability proceedings filed as herein provided shall
be conducted in the name of the People of the State of Colorado and shall be
prosecuted by the Regulation Counsel.
(b)Service of Complaint. The Regulation Counsel shall promptly serve
upon the respondent, as provided in C.R.C.P. 251.32(b), a citation
and a copy of the complaint
filed against the respondent. The citation shall require the respondent within
twenty
days after service thereof to file an original and three copies of a written
answer to the
complaint, in compliance with C.R.C.P. 251.15.
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ANNOTATIONSSource:
Amended and adopted June 25, 1998, effective January 1, 1999.
Editor's note:
This rule was previously numbered as
241.12.
Am. Jur.2d. See 7 Am. Jur.2d, Attorneys at Law,
SectionSection134, 135.
Law reviews.
For article, "Statutes and Cases Concerning
Unauthorized Practice of Law in Colorado", see 24 Dicta 257 (1947).
For note, "Standards of Discipline for Attorneys
in Colorado and the Significance of the Code of Professional
Responsibility", see 50 Den. L.J. 207 (1973).
Consideration of charges not made in formal complaint against an
attorney constitutes a violation of the respondent's rights to procedural
due process of law. People v. Emeson, 638 P.2d 293 (Colo. 1981) (decided
under former C.R.C.P. 247).
Board's findings that attorney engaged in dishonest conduct in collection matter
contravened requirement that the grounds for discipline be set forth "clearly and with
particularity." The complaint and the issues identified for hearing did not adequately
place the attorney on notice that he had violated the disciplinary rules prohibiting dishonest
conduct. A proper charge of dishonesty would have identified conduct constituting violation
of C.R.P.C. 4.1(a) (making a false statement of material fact or law to a third person) or
8.4(c) (engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation); not
8.4(g) (engaging in conduct violating accepted standards of legal ethics). In re Quiat, 979
P.2d 1029 (Colo. 1999) (decided under rule in effect prior to the 1999 repeal and
reenactment).
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