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TCL > August 1998 Issue > Court Business

August 1998       Vol. 27, No. 8       Page  101
From the Courts
Court Business

Court Business

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

(a) OBLIGATIONS OF PARTIES AND ATTORNEYS.

[Subsection designation of (a) and title added to first and second paragraphs of original text of Rule 11--no change to original text.]

(b) LIMITED SCOPE OF ENGAGEMENT.

WHEN AN ATTORNEY SUBSTANTIALLY DRAFTS A PLEADING OR PAPER TO BE SIGNED AND FILED BY A PRO SE PARTY, OTHER THAN ASSISTING IN THE COMPLETION OF COURT APPROVED FORMS, THE ATTORNEY BY SUCH PARTICIPATION CERTIFIES THAT TO THE BEST OF THE ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF BASED UPON A REASONABLE INQUIRY CONSISTENT WITH THE LIMITED SCOPE OF THE ATTORNEY'S REPRESENTATION OF THE CLIENT, THE PLEADING OR PAPER IS WELL-GROUNDED IN FACT AND IS WARRANTED BY EXISTING LAW OR A GOOD FAITH ARGUMENT FOR THE EXTENSION, MODIFICATION OR REVERSAL OF EXISTING LAW, AND THAT IT IS NOT INTERPOSED FOR ANY IMPROPER PURPOSE, SUCH AS TO HARASS OR TO CAUSE UNNECESSARY DELAY OR NEEDLESS INCREASE IN THE COST OF LITIGATION.

SUCH A PLEADING OR PAPER SHALL STATE THAT IT WAS PREPARED BY OR WITH THE ASSISTANCE OF AN ATTORNEY AND SHALL INCLUDE THE ATTORNEY'S NAME, ADDRESS, TELEPHONE NUMBER AND REGISTRATION NUMBER. THE ATTORNEY SHALL ADVISE THE PRO SE PARTY THAT THE PLEADING OR OTHER PAPER MUST CONTAIN THIS STATEMENT.

THE ATTORNEY'S DRAFTING OF A PLEADING OR PAPER TO BE SIGNED AND FILED BY A PRO SE PARTY 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. THE ATTORNEY'S VIOLATION OF C.R.C.P. 11 MAY SUBJECT THE ATTORNEY TO THE SANCTIONS PROVIDED IN C.R.C.P. 11(a).


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

(a) OBLIGATIONS OF PARTIES AND ATTORNEYS.

[Subsection designation of (a) and title added to original text of Rule 311--no change to original text.]

(b) LIMITED SCOPE OF ENGAGEMENT.

WHEN AN ATTORNEY SUBSTANTIALLY DRAFTS A PLEADING OR PAPER TO BE SIGNED AND FILED BY A PRO SE PARTY, OTHER THAN ASSISTING IN THE COMPLETION OF COURT APPROVED FORMS, THE ATTORNEY BY SUCH PARTICIPATION CERTIFIES THAT TO THE BEST OF THE ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF BASED UPON A REASONABLE INQUIRY CONSISTENT WITH THE LIMITED SCOPE OF THE ATTORNEY'S REPRESENTATION OF THE CLIENT, THE PLEADING OR PAPER IS WELL-GROUNDED IN FACT AND IS WARRANTED BY EXISTING LAW OR A GOOD FAITH ARGUMENT FOR THE EXTENSION, MODIFICATION OR REVERSAL OF EXISTING LAW, AND THAT IT IS NOT INTERPOSED FOR ANY IMPROPER PURPOSE, SUCH AS TO HARASS OR TO CAUSE UNNECESSARY DELAY OR NEEDLESS INCREASE IN THE COST OF LITIGATION.

SUCH A PLEADING OR PAPER SHALL STATE THAT IT WAS PREPARED BY OR WITH THE ASSISTANCE OF AN ATTORNEY AND SHALL INCLUDE THE ATTORNEY'S NAME, ADDRESS, TELEPHONE NUMBER AND REGISTRATION NUMBER. THE ATTORNEY SHALL ADVISE THE PRO SE PARTY THAT THE PLEADING OR OTHER PAPER MUST CONTAIN THIS STATEMENT.

THE ATTORNEY'S DRAFTING OF SUCH A PLEADING OR PAPER TO BE SIGNED AND FILED BY A PRO SE PARTY SHALL NOT CONSTITUTE AN ENTRY OF APPEARANCE BY THE ATTORNEY AND DOES NOT AUTHORIZE OR REQUIRE THE SERVICE OF PAPERS UPON THE ATTORNEY PURSUANT TO C.R.C.P. 305(b). THE ATTORNEY'S VIOLATION OF C.R.C.P. 311 MAY SUBJECT THE ATTORNEY TO THE SANCTIONS PROVIDED IN C.R.C.P. 11(a).


C.R.C.P. 121, 1-1. Entry of Appearance and Withdrawal
COMMITTEE COMMENT

This standard sets forth detailed requirements for both entry of appearance and withdrawal. This standard was necessary because there was no uniformity among the counties. While the proposed standard seems somewhat onerous on the withdrawing attorney, each of the elements is quite important to everyone involved in a litigated case, particularly the withdrawing attorney.

AN ATTORNEY MAY PROVIDE LIMITED REPRESENTATION TO PRO SE PARTIES IN ACCORDANCE WITH THE REQUIREMENTS OF C.R.C.P. 11(b) AND RULE 1.2 OF THE COLORADO RULES OF PROFESSIONAL CONDUCT. THE PROVIDING OF LIMITED REPRESENTATION TO PRO SE PARTIES IN ACCORDANCE WITH C.R.C.P. 11(b) AND RULE 1.2 OF THE COLORADO RULES OF PROFESSIONAL CONDUCT DOES NOT CONSTITUTE AN ENTRY OF APPEARANCE UNDER C.R.C.P. 121, SECTION 1-1, NOR DOES SUCH LIMITED REPRESENTATION REQUIRE OR AUTHORIZE THE SERVICE OF A PLEADING OR PAPER UPON THE ATTORNEY PURSUANT TO C.R.C.P. 5(b).


Colo. RPC 1.2. Scope of Representation

(a) [No change]

(b) [No change]

(c) A lawyer may limit the scope of the representation of the client if the client consents after consultation. IN LITIGATION MATTERS, THE SCOPE OF THE REPRESENTATION MAY BE LIMITED ONLY AFTER CONSULTATION WITH THE CLIENT WHICH CONSULTATION SHALL INCLUDE DISCLOSURE OF THE BENEFITS AND RISKS OF SUCH LIMITED REPRESENTATION TO THE CLIENT.

(d) [No change]

(e) [No change]

(f) [No change]

COMMENT

Scope of Representation

THE SCOPE OF THE LAWYER'S REPRESENTATION OF THE CLIENT MAY BE LIMITED IF THE CLIENT CONSENTS AFTER CONSULTATION. IN NON-LITIGATION MATTERS, IT IS COMMON FOR THE SCOPE OF THE REPRESENTATION TO BE LIMITED. FOR EXAMPLE, IN A MATTER INVOLVING THE TRANSFER OF TITLE TO REAL ESTATE, THE LAWYER'S ROLE MAY BE LIMITED TO DRAFTING OF THE REAL ESTATE CONTRACT AND EXCLUDE INVESTIGATION OF TITLE OR THE ATTENDANCE OF THE LAWYER AT THE CLOSING. IN LITIGATION MATTERS, LIMITATION OF THE SCOPE OF THE REPRESENTATION INVOLVES SPECIAL CONCERNS THAT TRANSCEND THE INTERESTS OF THE CLIENT AND THE LAWYER. A LIMITATION ON THE SCOPE OF THE REPRESENTATION IN LITIGATION MATTERS HAS SIGNIFICANT POTENTIAL TO PREJUDICE THE CLIENT, UNLESS THE LIMITATIONS AND THE RISKS TO THE CLIENT OF SUCH LIMITED REPRESENTATION ARE CAREFULLY EXPLAINED TO THE CLIENT. A LAWYER MAY NOT LIMIT THE SCOPE OF REPRESENTATION TO THE POINT WHERE THE LAWYER DOES NOT PROVIDE MEANINGFUL LEGAL ADVICE AND DOES NOT REMAIN RESPONSIBLE FOR THE CONSEQUENCES OF ANY NEGLIGENT ADVICE.

NOTHING IN THIS RULE IS INTENDED TO AFFECT, IN ANY MANNER, THE LAWS GOVERNING CIVIL LIABILITY OF LAWYERS.

OBJECTIVES OF REPRESENTATION

[Balance of Comment - no change].

© 1998 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=1998.


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