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TCL > August 1999 Issue > Court Business

August 1999       Vol. 28, No. 8       Page  95
From the Courts
Court Business

Court Business

Notice of Proposed Amendments
To the Local Bankruptcy Rules

The Judges of the Bankruptcy Court are pleased to announce release of proposed amendments to the Local Bankruptcy Rules and Forms for public comment pursuant to Rule 83, Fed.R.Civ.P. The text of the proposed amendments affects Local Bankruptcy Rules 102, 109, 117, 202, 214, 401, and 910, and Local Bankruptcy Forms 202.1, 202.2, 202.3, 203, 304, 401.3, and the Appendix.

A copy of the proposed amendments may be picked up free of charge from the Clerk of the Bankruptcy Court or by mailing a self-addressed, postage pre-paid ($.55) envelope to the U.S. Bankruptcy Court, District of Colorado, Attn. Proposed Amendments to the Local Bankruptcy Rules. The proposed amendments are also available at the Court’s website: www.co.uscourts.gov.

Interested persons are invited to submit written comments regarding the proposed amendments no later than Friday, August 20, 1999, to: Clerk of the U.S. Bankruptcy Court, District of Colorado, 721 19th St., 1st Fl., Denver, CO 80202-2508.

For the Court:
Bradford L. Bolton
Clerk

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Colorado Supreme Court Rules Committee

Colorado Rules of Civil Procedure
Chapter 30. Municipal Court
Rule 224. Trial Jurors
Amended and Adopted

Rule 224. Trial Jurors

(a) through (b) [No change]

Rule 224(c) is Repealed and Readopted with Amendments as follows:

(c) Orientation and Examination of Jurors. An orientation and examination shall be conducted to inform prospective jurors about their duties and service and to obtain information about prospective jurors to facilitate an intelligent exercise of challenges for cause and peremptory challenges.

(1) The jury commissioner or court employee in charge of summoning prospective jurors is authorized to examine and, when appropriate, excuse prospective jurors who do not satisfy the statutory qualifications for jury service, or who are entitled to a postponement, or as otherwise authorized by appropriate court order.

(2) When prospective jurors have reported to the courtroom, the judge shall explain to them in plain and clear language:

(I) The grounds for challenge for cause;

(II) Each juror’s duty to volunteer information that would constitute a disqualification or give rise to a challenge for cause;

(III) The identities of the parties and their counsel;

(IV) The nature of the case using applicable instructions if available or, alternatively, a joint statement of factual information intended to provide a relevant context for the prospective jurors to respond to questions asked of them. Alternatively, at the request of counsel and in the discretion of the judge, counsel may present such information through brief non-argumentative statements;

(V) General legal principles applicable to the case including presumption of innocence, burden of proof, definition of reasonable doubt, elements of charged offenses and other matters that jurors will be required to consider and apply in deciding issues.

(3) The judge shall ask prospective jurors questions concerning their qualifications to serve as jurors. The court may, in its discretion, allow the parties or their counsel to supplement the court’s interrogation by asking additional questions of prospective jurors. In the discretion of the judge, juror questionnaires, poster boards and other methods may be used. In order to minimize delay, the judge may reasonably limit the time available to the parties or their counsel for juror examination. The court may limit or terminate repetitious, irrelevant, unreasonably lengthy, abusive or otherwise improper examination.

(4) Jurors shall not be required to disclose personal locating information, such as address or place of business, in open court and such information shall not be maintained in files open to the public. The trial judge shall assure that parties and counsel have access to appropriate and necessary locating information.

(5) Once the jury is impaneled, the judge shall again explain in more detail the general principles of law applicable to criminal cases, the procedural guidelines regarding conduct by jurors during the trial, case specific legal principles and definitions of technical or special terms expected to be used during presentation of the case.

(d)(1)(I)-(X) [No change]

(XI) The juror is a lawyer; (repealed)

(XII) [No change]

(d)(2) [No change]

(e) through (f) [No change]

(g) Custody of Jury.

(1) In all cases, in the court’s discretion, jurors may be sequestered or permitted to separate during all trial recesses, both before and after the case has been submitted to the jury for deliberation. THE COURT SHOULD ONLY SEQUESTER JURORS IN EXTRAORDINARY CASES. OTHERWISE, JURORS SHOULD BE PERMITTED TO SEPARATE DURING ALL TRIAL RECESSES, BOTH BEFORE AND AFTER THE CASE HAS BEEN SUBMITTED TO THE JURY FOR DELIBERATION. Cautionary instructions as to their conduct during all recesses shall be given to the jurors by the court.

(g)(2) - (3) [No change]

Amended and Adopted by the Court, En Banc, June 10, 1999, effective July 1, 1999.

By the Court:
Rebecca Love Kourlis
Justice, Colorado Supreme Court

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Colorado Rules of Civil Procedure
Chapter 20. Colorado Rules of Procedure
Regarding Attorney Discipline and Disability Proceedings,
Colorado Attorneys’ Fund for Client Protection, and
Mandatory Continuing Legal Education and Judicial Education
Rule 251.34. Advisory Committee

Appendix to Chapters 18 to 20.
Colorado Rules of Professional Conduct
Rule 1.15. Safekeeping Property; Interest-Bearing
Accounts to be Established for the Benefit of the Client or Third Persons or the Colorado
Lawyer Trust Account Foundation;
Notice of Overdrafts; Record Keeping

Rule 251.34. Advisory Committee

(a) [No Change]

(1) [No Change]

(2) [No Change]

(3) [No Change]

(4) [No Change]

(b) [No Change]

(1) [No Change]

(2) [No Change]

(3) [No Change]

(4) [No Change]

(5) [No Change]

(6) [No Change]

(7) Adopt such practices as may from time to time become necessary to govern the internal operation of the Advisory Committee as approved by the Supreme Court.

(8) (7) [Renumbered, No Other Change]

(9) (8) [Renumbered, No Other Change]

(10) (9) [Renumbered, No Other Change]

(10) [Renumbered, NO OTHER CHANGE]

Rule 1.15. Safekeeping Property; Interest-Bearing Accounts to be Established for the Benefit of the Client or Third Persons or the Colorado Lawyer Trust Account Foundation; Notice of Overdrafts; Record Keeping

(a) [No Change]

(b) [No Change]

(c) [No Change]

(d) [No Change]

(e) [No Change]

(f) Required Bank Accounts. Every attorney in private practice in this state shall maintain in a financial institution DOING BUSINESS IN of Colorado, in the attorney’s own name, or in the name of a partnership of attorneys, or in the name of the professional corporation or limited liability corporation of which the attorney is a member, or in the name of the attorney or entity by whom employed:

(1) [No Change]

(2) [No Change]

(3) One or more of the trust accounts may be the account or accounts described in Rule 1.15(e)(2), known as COLTAF (Colorado LAWYER Trust Account Foundation) accounts.

(4) [No Change]

(5) [No Change]

(6) A trust account shall be maintained only in Colorado financial institutions DOING BUSINESS IN COLORADO WHICH ARE approved by the Regulation Counsel with policy guidelines by the Board of Trustees of the Colorado Attorneys’; fFund for Client Protection, which shall annually publish a list of such approved institutions. A financial institution shall be approved if it shall file with the Regulation Counsel an agreement, in a form provided, to report to the Regulation Counsel in the event any properly payable trust account instrument is presented against insufficient funds, irrespective of whether the instrument is honored; any such agreement shall apply to all branches of the financial institution and shall not be canceled except on thirty-days notice in writing to the Regulation Counsel. The agreement shall further provide that all reports made by the financial institution shall be in the following format: (1) in the case of dishonored instrument, the report shall be identical to the overdraft notice customarily forwarded to the depositor; (2) in the case of instruments that are presented against insufficient funds but which instruments are honored, the report shall identify the financial institution, the attorney or law firm, the account number, the date of presentation for payment, and the date paid, as well as the amount of the overdraft created thereby. Such reports shall be made simultaneously with, and within the time provided by law for, notice of dishonor, if any; if an instrument presented against insufficient funds is honored, then the report shall be made within five banking days of the date of presentation for payment against insufficient funds. In addition, each financial institution approved by the Regulation Counsel must cooperate with the COLTAF program and must offer a COLTAF account to any attorney who wishes to open one. In addition to the reports specified above, approved financial institutions shall agree to cooperate fully with the Regulation Counsel and to produce any trust account or business account records on receipt of a subpoena therefor in connection with any proceeding pursuant to C.R.C.P. 251. Nothing herein shall preclude a financial institution from charging an attorney or law firm for the reasonable cost of producing the reports and records required by this Rule, BUT SUCH CHARGES SHALL NOT BE A TRANSACTION COST TO BE CHARGED AGAINST FUNDS PAYABLE TO THE COLTAF PROGRAM. Every attorney or law firm MAINTAINING A TRUST ACCOUNT in this state shall, AS A CONDITION THEREOF, be conclusively deemed to have consented to the reporting and production requirements BY FINANCIAL INSTITUTIONS MANDATED BY of this rRule AND SHALL INDEMNIFY AND HOLD HARMLESS THE FINANCIAL INSTITUTION FOR ITS COMPLIANCE WITH SUCH REPORTING AND PRODUCTION REQUIREMENT. A FINANCIAL INSTITUTION SHALL BE IMMUNE FROM SUIT ARISING OUT OF ITS ACTIONS OR OMISSIONS IN REPORTING OVERDRAFTS OR INSUFFICIENT FUNDS OR PRODUCING DOCUMENTS UNDER THIS RULE. THE AGREEMENT ENTERED INTO BY A FINANCIAL INSTITUTION WITH THE REGULATION COUNSEL SHALL NOT BE DEEMED TO CREATE A DUTY TO EXERCISE A STANDARD OF CARE AND SHALL NOT CONSTITUTE A CONTRACT FOR THE BENEFIT OF ANY THIRD PARTIES THAT MAY SUSTAIN A LOSS AS A RESULT OF LAWYERS OVERDRAWING ATTORNEY TRUST ACCOUNTS.

(g) [No Change]

(h) [No Change]

(i) [No Change]

[j] [No Change]

Amended and Adopted by the Court, En Banc, May 13, 1999, effective July 1, 1999.

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Colorado Rules of Civil Procedure
Chapter 2. Pleadings and Motions
C.R.C.P. 11. Signing of Pleadings
Chapter 17A. Practice Standards and Local Court Rules
C.R.C.P. 121, Section 1-1. Entry of Appearance and Withdrawal
Chapter 25. Colorado Rules of County Court Civil Procedure
C.R.C.P. 311. Signing of Pleadings
Appendix to Chapters 18 to 20. Colorado Rules of Professional Conduct
Colo.RPC 1.2. Scope and Objectives of Representation
Colo.RPC 4.2. Communication with Person Represented by Counsel
Colo.RPC 4.3. Dealing with Unrepresented Person

C.R.C.P. 11. Signing of Pleadings

(a) OBLIGATIONS OF PARTIES AND ATTORNEYS

[Reletter existing text of Rule 11 as subsection (a) with no change to original text.]

(b) LIMITED REPRESENTATION

AN ATTORNEY MAY UNDERTAKE TO PROVIDE LIMITED REPRESENTATION IN ACCORDANCE WITH COLO.RPC 1.2 TO A PRO SE PARTY INVOLVED IN A COURT PROCEEDING. PLEADINGS OR PAPERS FILED BY THE PRO SE PARTY THAT WERE PREPARED WITH THE DRAFTING ASSISTANCE OF THE ATTORNEY SHALL INCLUDE THE ATTORNEY’S NAME, ADDRESS, TELEPHONE NUMBER AND REGISTRATION NUMBER. THE ATTORNEY SHALL ADVISE THE PRO SE PARTY THAT SUCH PLEADING OR OTHER PAPER MUST CONTAIN THIS STATEMENT. IN HELPING TO DRAFT THE PLEADING OR PAPER FILED BY THE PRO SE PARTY, THE ATTORNEY CERTIFIES THAT, TO THE BEST OF THE ATTORNEY’S KNOWLEDGE, INFORMATION AND BELIEF, THIS PLEADING OR PAPER IS (1) WELL-GROUNDED IN FACT BASED UPON A REASONABLE INQUIRY OF THE PRO SE PARTY BY THE ATTORNEY, (2) IS WARRANTED BY EXISTING LAW OR A GOOD FAITH ARGUMENT FOR THE EXTENSION, MODIFICATION OR REVERSAL OF EXISTING LAW, AND (3) IS NOT INTERPOSED FOR ANY IMPROPER PURPOSE, SUCH AS TO HARASS OR TO CAUSE UNNECESSARY DELAY OR NEEDLESS INCREASE IN THE COST OF LITIGATION. THE ATTORNEY IN PROVIDING SUCH DRAFTING ASSISTANCE MAY RELY ON THE PRO SE PARTY’S REPRESENTATION OF FACTS, UNLESS THE ATTORNEY HAS REASON TO BELIEVE THAT SUCH REPRESENTATIONS ARE FALSE OR MATERIALLY INSUFFICIENT, IN WHICH INSTANCE THE ATTORNEY SHALL MAKE AN INDEPENDENT REASONABLE INQUIRY INTO THE FACTS. ASSISTANCE BY AN ATTORNEY TO A PRO SE PARTY IN FILLING OUT PRE-PRINTED AND ELECTRONICALLY PUBLISHED FORMS THAT ARE ISSUED THROUGH THE JUDICIAL BRANCH FOR USE IN COURT ARE NOT SUBJECT TO THE CERTIFICATION AND ATTORNEY NAME DISCLOSURE REQUIREMENTS OF THIS RULE 11(b).

LIMITED REPRESENTATION OF A PRO SE PARTY UNDER THIS RULE 11(b) SHALL NOT CONSTITUTE AN ENTRY OF APPEARANCE BY THE ATTORNEY FOR PURPOSES OF C.R.C.P. 121, SECTION 1-1 OR C.R.C.P. 5(b), AND DOES NOT AUTHORIZE OR REQUIRE THE SERVICE OF PAPERS UPON THE ATTORNEY. REPRESENTATION OF THE PRO SE PARTY BY THE ATTORNEY AT ANY PROCEEDING BEFORE A JUDGE, MAGISTRATE, OR OTHER JUDICIAL OFFICER ON BEHALF OF THE PRO SE PARTY CONSTITUTES AN ENTRY OF AN APPEARANCE PURSUANT TO C.R.C.P. 121, SECTION 1-1. THE ATTORNEY’S VIOLATION OF THIS RULE 11(b) MAY SUBJECT THE ATTORNEY TO THE SANCTIONS PROVIDED IN C.R.C.P. 11(a).

C.R.C.P. 121. SECTION 1-1. ENTRY OF APPEARANCE AND WITHDRAWAL

[No Change]

COMMITTEE COMMENT

[No change to first paragraph of existing comment]

AN ATTORNEY MAY PROVIDE LIMITED REPRESENTATION TO A PRO SE PARTY IN ACCORDANCE WITH THE REQUIREMENTS OF C.R.C.P. 11(b) OR C.R.C.P. 311(b) AND COLO.RPC 1.2. PROVIDING LIMITED REPRESENTATION TO A PRO SE PARTY IN ACCORDANCE WITH C.R.C.P. 11(b) OR 311(b) AND COLO.RPC 1.2 DOES NOT CONSTITUTE AN ENTRY OF APPEARANCE EITHER UNDER C.R.C.P. 121, SECTION 1-1, OR IN THE COUNTY COURT. SUCH LIMITED REPRESENTATION DOES NOT REQUIRE OR AUTHORIZE THE SERVICE OF A PLEADING OR PAPER UPON THE ATTORNEY PURSUANT TO C.R.C.P. 5(b) OR C.R.C.P. 305.

C.R.C.P. 311. Signing of Pleadings

(a) OBLIGATIONS OF PARTIES AND ATTORNEYS

[Reletter existing text of Rule 311 as subsection (a) with no change to original text.]

(b) LIMITED REPRESENTATION

AN ATTORNEY MAY UNDERTAKE TO PROVIDE LIMITED REPRESENTATION IN ACCORDANCE WITH
COLO.RPC 1.2 TO A PRO SE PARTY INVOLVED IN A COURT PROCEEDING. PLEADINGS OR PAPERS FILED BY THE PRO SE PARTY THAT WERE PREPARED WITH THE DRAFTING ASSISTANCE OF THE ATTORNEY SHALL INCLUDE THE ATTORNEY’S NAME, ADDRESS, TELEPHONE NUMBER AND REGISTRATION NUMBER. THE ATTORNEY SHALL ADVISE THE PRO SE PARTY THAT SUCH PLEADING OR OTHER PAPER MUST CONTAIN THIS STATEMENT. IN HELPING TO DRAFT THE PLEADING OR PAPER FILED BY THE PRO SE PARTY, THE ATTORNEY CERTIFIES THAT TO THE BEST OF THE ATTORNEY’S KNOWLEDGE, INFORMATION AND BELIEF, THIS PLEADING OR PAPER IS (1) WELL-GROUNDED IN FACT BASED UPON A REASONABLE INQUIRY OF THE PRO SE PARTY BY THE ATTORNEY, (2) IS WARRANTED BY EXISTING LAW OR A GOOD FAITH ARGUMENT FOR THE EXTENSION, MODIFICATION OR REVERSAL OF EXISTING LAW, AND (3) IS NOT INTERPOSED FOR ANY IMPROPER PURPOSE, SUCH AS TO HARASS OR TO CAUSE UNNECESSARY DELAY OR NEEDLESS INCREASE IN THE COST OF LITIGATION. THE ATTORNEY IN PROVIDING SUCH DRAFTING ASSISTANCE MAY RELY ON THE PRO SE PARTY’S REPRESENTATION OF FACTS, UNLESS THE ATTORNEY HAS REASON TO BELIEVE THAT SUCH REPRESENTATIONS ARE FALSE OR MATERIALLY INSUFFICIENT, IN WHICH INSTANCE THE ATTORNEY SHALL MAKE AN INDEPENDENT REASONABLE INQUIRY INTO THE FACTS. ASSISTANCE BY AN ATTORNEY TO A PRO SE PARTY IN FILLING OUT PRE-PRINTED AND ELECTRONICALLY PUBLISHED FORMS THAT ARE ISSUED THROUGH THE JUDICIAL BRANCH FOR USE IN COURT ARE NOT SUBJECT TO THE CERTIFICATION AND ATTORNEY NAME DISCLOSURE REQUIREMENTS OF THIS RULE 311(b).

LIMITED REPRESENTATION OF A PRO SE PARTY UNDER THIS RULE 311(b) SHALL NOT CONSTITUTE AN ENTRY OF APPEARANCE BY THE ATTORNEY FOR PURPOSES OF C.R.C.P. 121, SECTION 1-1 OR C.R.C.P. 305, AND DOES NOT AUTHORIZE OR REQUIRE THE SERVICE OF PAPERS UPON THE ATTORNEY. REPRESENTATION OF THE PRO SE PARTY BY THE ATTORNEY AT ANY PROCEEDING BEFORE A JUDGE, MAGISTRATE, OR OTHER JUDICIAL OFFICER ON BEHALF OF THE PRO SE PARTY CONSTITUTES AN ENTRY OF AN APPEARANCE PURSUANT TO C.R.C.P. 121, SECTION 1-1. THE ATTORNEY’S VIOLATION OF THIS RULE 311(b) MAY SUBJECT THE ATTORNEY TO THE SANCTIONS PROVIDED IN C.R.C.P. 311(a).

Colo.RPC 1.2. Scope AND OBJECTIVES of Representation

(a) A lawyer shall abide by a client’s decisions concerning the SCOPE AND objectives of representation, subject to paragraphs (c), (d), and (e), and shall consult with the client as to the means by which they are to be pursued. A lawyer shall abide by a client’s decision whether to accept an offer of settlement of a matter. In a criminal case, the lawyer shall abide by the client’s decision after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

(b) [No Change]

(c) A lawyer may limit the SCOPE OR objectives, OR BOTH, of the representation if the client consents after consultation. A LAWYER MAY PROVIDE LIMITED REPRESENTATION TO PRO SE PARTIES AS PERMITTED BY C.R.C.P. 11(b) AND C.R.C.P. 311(b).

(d) [No Change]

(e) [No Change]

(f) [No Change]

COMMENT

Scope AND OBJECTIVES of Representation

(INSERT FOLLOWING NEW MATERIAL TO BEGIN THE COMMENT AND THEN PROCEED WITH THE EXISTING COMMENT WITHOUT CHANGE)

THE SCOPE OR OBJECTIVES, OR BOTH, OF THE LAWYER’S REPRESENTATION OF THE CLIENT MAY BE LIMITED IF THE CLIENT CONSENTS AFTER CONSULTATION WITH THE LAWYER.

IN LITIGATION MATTERS ON BEHALF OF A PRO SE PARTY, LIMITATION OF THE SCOPE OR OBJECTIVES OF THE REPRESENTATION IS SUBJECT TO C.R.C.P. 11(b) OR 311 (b) AND C.R.C.P. 121, SECTION 1-1, AND, THEREFORE, INVOLVES NOT ONLY THE CLIENT AND THE LAWYER BUT ALSO THE COURT. WHEN A LAWYER IS PROVIDING LIMITED REPRESENTATION TO A PRO SE PARTY AS PERMITTED BY C.R.C.P. 11(b) OR 311(b), THE CONSULTATION WITH THE CLIENT SHALL INCLUDE AN EXPLANATION OF THE RISKS AND BENEFITS OF SUCH LIMITED REPRESENTATION. A LAWYER MUST PROVIDE MEANINGFUL LEGAL ADVICE CONSISTENT WITH THE LIMITED SCOPE OF THE LAWYER’S REPRESENTATION, BUT A LAWYER’S ADVICE MAY BE BASED UPON THE PRO SE PARTY’S REPRESENTATION OF THE FACTS AND THE SCOPE OF REPRESENTATION AGREED UPON BY THE LAWYER AND THE PRO SE PARTY.

A LAWYER REMAINS LIABLE FOR THE CONSEQUENCES OF ANY NEGLIGENT LEGAL ADVICE. NOTHING IN THIS RULE IS INTENDED TO EXPAND OR RESTRICT, IN ANY MANNER, THE LAWS GOVERNING CIVIL LIABILITY OF LAWYERS.

[No change to balance of existing comment]

Colo.RPC 4.2. Communication with Person Represented by Counsel

[No Change]

COMMENT

[No change to first two paragraphs]

This rule also covers any person, whether or not a party to a formal proceeding, who is represented by counsel concerning the matter in question. A PRO SE PARTY TO WHOM LIMITED REPRESENTATION HAS BEEN PROVIDED IN ACCORDANCE WITH C.R.C.P. 11(b), OR C.R.C.P. 311(b), AND COLO.RPC 1.2 IS CONSIDERED TO BE UNREPRESENTED FOR PURPOSES OF THIS RULE UNLESS THE LAWYER HAS KNOWLEDGE TO THE CONTRARY.

COMMITTEE COMMENT

[No Change]

Colo.RPC 4.3. Dealing with Unrepresented Person

[No Change]

COMMENT

An unrepresented person, particularly one not experienced in dealing with legal matters, might assume that a lawyer is disinterested in loyalties or is a disinterested authority on the law even when the lawyer represents a client. During the course of a lawyer’s representation of a client, the lawyer should not give advice to an unrepresented person other than the advice to obtain counsel. THE LAWYER MUST COMPLY WITH THE REQUIREMENTS OF THIS RULE FOR PRO SE PARTIES TO WHOM LIMITED REPRESENTATION HAS BEEN PROVIDED, IN ACCORDANCE WITH C.R.C.P. 11(b), C.R.C.P. 311(b), COLO. RPC 1.2, AND COLO.RPC 4.2. SUCH PARTIES ARE CONSIDERED TO BE UNREPRESENTED FOR PURPOSES OF THIS RULE.

COMMITTEE COMMENT

[No Change]

Amended and Adopted by the Court, En Banc, June 17, 1999, effective July 1, 1999.

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Notice and Comment Accompanying Colorado Supreme Court’s Announcement of Limited Representation Rules for Litigation

Notice: Limited Representation Rules ("litigation unbundling") have been adopted effective July 1, 1999, amending C.R.C.P. 11, C.R.C.P. 311, Colo.RPC 1.2, C.R.C.P. 121, section 1.1 (comment), Colo.RPC 4.2 (comment) and Colo.RPC 4.3 (comment). Please Read Text of Rule Change and the Notice of its effect.

Notice of Limited Representation "Unbundling" Rules for Litigation in Effect July 1, 1999

The Colorado Supreme Court has adopted new rules for limited representation of clients in litigation matters. They address the obligations of attorneys to pro se parties and Colorado state courts in litigation that is being pursued by the pro se party with the drafting assistance of the attorney who is not making an entry of appearance in the case before a judge, magistrate, or other judicial officer.

The new rules authorize limited representation of pro se parties by attorneys in litigation, pursuant to Colo. RPC 1.2. Under Colo.RPC 1.2 the attorney and the client as a result of consultation with each other may limit the objectives and scope of litigation representation. As the comment to this professional rule sets forth, the attorney shall explain to the client the risks and benefits of limited representation. The attorney providing limited representation must provide meaningful legal advice to the client but it may be based upon the pro se party’s representation of the facts and the scope of the representation agreed upon between the attorney and the client.

New comment to Colo.RPC 4.2 and Colo.RPC 4.3 explains that a pro se party to whom such limited representation is being provided is considered to be unrepresented from the standpoint of other lawyers who must contact the pro se party in the course of the litigation. Such lawyers contacting the pro se parties may not give legal advice to them but do not have to proceed through the lawyer who has provided the limited representation.

C.R.C.P. Rules 11 and 311 now contain a new subsection (b) that addresses limited litigation representation. An attorney who provides drafting assistance to a pro se party who files a pleading or paper in court thereby certifies to the court that it, to the best of the attorney’s knowledge, information and belief, (1) is well grounded in fact based on a reasonable inquiry of the pro se party by the attorney, (2) is warranted by existing law or good faith argument for the extension, modification or reversal of existing law, and (3) is not interposed for any improper purpose. The attorney may rely on the pro se party’s representation of the facts unless he or she has reason to believe that such representations are false or materially insufficient, in which instance the attorney shall make an independent reasonable inquiry into the facts.

The attorney must advise the pro se party that a pleading or paper for which the attorney has provided drafting assistance must include the attorney’s name, address, telephone number and registration number. The attorney certification and name disclosure requirements do not apply to attorneys who assist pro se parties in filling out pre-printed and electronically published forms that are issued through the judicial branch for use in court. These include forms that are prepared and released through the State Court Administrator’s Office and having been derived from the Colorado Judicial Branch are republished by print or electronically by services such as Bradford (marked "JDF" on Bradford forms), West, or Lexis. This includes forms approved by rule of the Colorado Supreme Court and those available through the Colorado Judicial Branch web page. Forms that are derived from sources other than the Colorado Judicial Branch are considered pleadings or papers whose assistance in drafting must meet the attorney certification and name disclosure requirements of C.R.C.P. 11(b) and C.R.C.P. 311(b).

As set forth in C.R.C.P. 121, Section 1-1, providing limited representation in litigation in accordance with Colo.RPC 1.2, C.R.C.P. 11(b) and C.R.C.P. 311(b) does not constitute entry of appearance by the attorney in the case and does not require or authorize the service of a pleading or paper upon the attorney pursuant to C.R.C.P. 5(b) or C.R.C.P. 305. However, under rules 11(a) and 311(a) representation of the pro se party at any proceeding before a judge, magistrate, or other judicial officer on behalf of the pro se party constitutes an entry of appearance.

Violation of C.R.C.P. 11(b) or C.R.P.C. Rule 311 (b) subjects the attorney to the sanctions of C.R.C.P. 11(a) or C.R.C.P. 311(a).

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RULE AND ORDER APPROVING
TEMPORARY CIVIL RESTRAINING ORDER
AND PERMANENT CIVIL RESTRAINING ORDER,
PURSUANT TO SECTION 13-1-136(2), HOUSE BILL 99-1204,
AND SUSPENDING C.R.C.P. 10
TO ALLOW FOR NEW FORM OF CAPTION

(Filed with the Colorado Supreme Court but not to be published in statewide Court Rules, Volume 12, C.R.S.)

THE SUPREME COURT OF COLORADO HEREBY APPROVES THE FORMS PREPARED BY THE STATE COURT ADMINISTRATOR’S OFFICE, ENTITLED "TEMPORARY CIVIL RESTRAINING ORDER" AND "PERMANENT CIVIL RESTRAINING ORDER" ATTACHED HERETO, AND HEREBY SUSPENDS THE OPERATION OF C.R.C.P. 10 TO PROVIDE FOR THE NEW FORM OF CAPTION CONTAINED ON BOTH FORMS.

ADOPTED EN BANC, JUSTICE SCOTT NOT PARTICIPATING, THIS 24th DAY OF JUNE 1999, EFFECTIVE JULY 1, 1999.

By the Court:
Gregory J. Hobbs, Jr.
Justice, Supreme Court Rules Committee

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Amendment of Rule 5 for
7th Judicial District

(Filed with the Colorado Supreme Court but not to be published in statewide Court Rules, Volume 12, C.R.S.)

WHEREAS, each court by action of a majority of its judges may from time to time propose local rules and amendments of local rules not inconsistent with Statewide rules adopted by the Colorado Supreme Court;

WHEREAS, the 7th Judicial District has proposed an amendment to local rule 5 that is not inconsistent with the statewide rules of the Colorado Supreme Court;

NOW THEREFORE, the Supreme Court of the State of Colorado, En Banc, approves the appended amendment to Local Rule 5 of the 7th Judicial District, State of Colorado this twenty-fourth day of June, 1999, effective July 1, 1999.

By the Court:
Mary J. Mullarkey
Chief Justice

LOCAL RULE 5
Assignment of Cases

(a) The assignment of cases for judges and magistrates and the duties of a magistrate shall be in a manner set forth by the Chief Judge.

(b) Recusals and Disqualifications:

(1) EXCEPT AS OTHERWISE PROVIDED HEREIN, Ddistrict court judges shall recuse from matters that involve a litigant who is an attorney who regularly practices before the district court OR WHEN IN THEIR DISCRETION THERE IS A CONFLICT OR THE APPEARANCE OF A CONFLICT, OR FOR OTHER GOOD CAUSE SHOWN. A request for appointment of a senior judge shall be made by the district ADMINISTRATOR at the time of the recusal.

(2) EXCEPT AS OTHERWISE PROVIDED HEREIN, A Ccounty court judge shall recuse from matters that involve a litigant who is an attorney who regularly practices before the district court THAT COUNTY JUDGE, OR WHEN IN THE JUDGE’S DISCRETION THERE IS A CONFLICT OR THE APPEARANCE OF A CONFLICT, OR FOR OTHER GOOD CAUSE SHOWN. IN THIS EVENT, an appointment by the district ADMINISTRATOR of a judge from within the district shall be made, OR IF NO OTHER JUDGE WITHIN THE DISTRICT CAN PRESIDE, then the district ADMINISTRATOR shall request the appointment of a senior judge.

(3) THE PROVISION ABOVE REQUIRING RECUSAL BECAUSE A LITIGANT IS AN ATTORNEY WHO REGULARLY PRACTICES IN THE JUDGE’S COURT SHALL NOT APPLY IN SITUATIONS IN WHICH THE ATTORNEY IS NAMED AS A PARTY BASED UPON HIS/HER OFFICIAL CAPACITY IN A STATUTORY PROCEEDING. THIS INCLUDES, BUT IS NOT LIMITED TO DISTRICT ATTORNEYS, COUNTY ATTORNEYS, ATTORNEYS GENERAL AND ANY ASSISTANT, DEPUTY OR OTHER STAFF ATTORNEY FOR ANY OF THE FOREGOING OFFICES RESPECTIVELY.

© 1999 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=1999.


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