August 14, 2002

Present at the meeting were John Palmeri (via telephone); Dan McCune; Michael Canges; Dave Little; Reba Nance; Jerry Pratt; Mike McConnell; Chris Little; Chuck Turner; Chris Buckman; Bob Keatinge; Rene Garcia; and Franz Hardy.

The committee discussed topics for articles in the Whoops Newsletter. John Palmeri and Franz Hardy recently wrote an article for Whoops regarding confirmation of engagement and non-engagement with clients. Ideas for upcoming articles included determining who is the client, scope of the engagement and how to keep the client happy.

The committee next discussed the prospect raised by the Colorado Supreme Court of amending the Rules of Professional Conduct to require attorneys to disclose whether or not they have malpractice insurance to clients. The committee discussed the pros and cons of a rule requiring disclosure of information. The committee discussed a statute which requires all physicians to have malpractice insurance. This statute also places a damages cap on recovery against doctors. If the same insurance requirement was imposed on attorneys, a similar statutory limitation on damages may be appropriate. Chris Buckman agreed to come up with a list of issues or concerns regarding insurance disclosure and provide it to the committee for the upcoming September, 2002 meeting.

Dan McCune raised an issue regarding the ABA’s new Model Rule 1.6. The rule requires the disclosure of certain attorney-client communication that the attorney-client privilege previously protected from disclosure. An attorney is permitted to reveal client confidences that the lawyer "reasonably believes necessary to prevent reasonably certain death or substantial bodily harm." The ABA will encourage several states, including Colorado, to adopt the new law.

The next meeting is scheduled for September 18, 2002.