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TCL > February 1997 Issue > Court Business

February 1997       Vol. 26, No. 2       Page  101
From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

Colorado Rules of County Court
Rule 360. Relief from Judgment or Order

Rule 30. Relief from Judgment or Order. Change #1996(13) is stricken. See Change #1996(4). Adopted by the Court, En Banc, December 5, 1996, effective immediately.

Colorado Probate Code
Appendix A to Chapter 27
Colorado Probate Forms

Special Form Index, Colorado Probate Forms, are changed as follows:
Form 38. Trust Registration Statement [revised];
Form 38-A. Amended Trust Registration Statement [revised];
Form 31-A. Petition to Settle Personal Injury Claim [deleted];
Form 31-B. Order Granting Leave to Settle Personal Injury Claim [deleted].
Changes approved in principle by the Court, En Banc, June 27, 1996, effective immediately.
[Changed forms are available by contacting the Clerk of the Supreme Court.]

Colorado Rules of Probate Procedure
Rule 8.4. Information Concerning Appointment—Contents and Filing, Repealed and Readopted;
Appendix A to Chapter 27
Colorado Probate Forms
Form 42 (Rev. 4-92) Withdrawn;
Form 42 (Rev. 10-96) Approved

Rule 8.4. Information Concerning Appointment—Contents and Filing is repealed and readopted, and is amended as follows:
Rule 8.4. Information Concerning Appointment:
Contents and Filing
The information concerning appointment required by Section 15-12-705, C.R.S., shall state:
1. The date of death of the decedent.
2. Whether the decedent died intestate or testate.
3. If the decedent died testate, the dates of the will and any codicils thereto, the date of admission to probate and whether probate was formal or informal.
4. The name, address, and date of appointment of the personal representative.
5. Whether bond has been filed.
6. Whether the administration is supervised, and, if administration is unsupervised, that the court will consider ordering supervised administration if requested by an interested person.
7. That the information is being sent to persons who have or may have some interest in the estate being administered.
8. That papers relating to the estate, including the inventory of estate assets, are on file in the described court or, if not may be obtained from the personal representative.
9. That interested persons are entitled to receive an accounting.
10. The surviving spouse, children under twenty-one years of age, and dependent children may be entitled to exempt property and a family allowance if a request for payment is made in the manner and within the time limits prescribed by Statutes (Sections 15-11-401 et seq., C.R.S.).
11. The surviving spouse may have a right of election to take a portion of the augmented estate if a petition is filed within the time limits prescribed by Statute (Section 15-11-201 et seq., C.R.S.).
12. That interested persons have the responsibility to protect their own rights and interests within the time and in the manner provided by the Colorado Probate Code, including the appropriateness of claims paid, the compensation of personal representatives, attorneys, and others, and the distribution of estate assets, since the court will not review or adjudicate these or other matters unless specifically requested to do so by an interested person.
The personal representative shall promptly file with the court a copy of the information provided and a statement of when it was provided, to whom, and at what address.
Adopted by the Court, En Banc, October 31, 1996, effective immediately.

Special Form Index, Colorado Probate Code Forms, Form 42 (Rev. 4-92) Withdrawn; Form 42 (Rev. 10-96) Approved in principle by the Court, October 31, 1996, effective immediately.

Colorado Rules of Probate Procedure
Appendix A to Chapter 27
Colorado Probate Forms
Errata

Clarification of revision dates of Special Form Index, June 27, 1996, effective nunc pro tunc to January 29, 1996, is as follows:
Form 10. Order Admitting Will to Formal Probate and Formal Appointment of Personal Representative. (Revised 8-91)
Form 14. Order of Intestacy, Determination of Heirs and Formal Appointment of Personal Representative. (Revised 8-91)
Form 22-W. Withdrawal or Satisfaction of Claim and Release. (New 12-95)
Form 25. Order for Final Settlement and Distribution. (Replaces Form 25-I and Form 25-T) (Revised 8-91)
Form 26. Decree of Final Discharge. (Revised 8-91)
Form 51. Order Terminating Conservatorship. (Revised 8-91)
Form 55. Order for Deposit of Funds to Restricted Account. (Revised 8-91)

Colorado Rules of Procedure Regarding
Lawyer Discipline and Disability Proceedings
And Mandatory Continuing Legal Education
And Judicial Education
Amended and Adopted

Rule 241.14. Hearings Before the Hearing Board, is amended as follows:
(a) through (e) [No Change]
(f) Order for Examination. When the mental or physical condition of the lawyer in question has become an issue in the proceeding, the presiding officer of the hearing board or the vice-chair of the hearing panel, on motion of the disciplinary counsel, may order the lawyer to submit to a physical or mental examination by a suitable licensed or certified examiner. The order may be made only upon a determination that reasonable cause exists and after notice to the lawyer. The lawyer will be provided the opportunity to respond to the motion of disciplinary counsel, and the lawyer may request a hearing before the presiding officer. The hearing shall be held within thirty days of the date of the lawyer’s request, and shall be limited to the issue of whether reasonable cause exists for such an order.
Amended and Adopted by the Court, En Banc, June 27, 1996, effective July 1, 1996.

Colorado Rules of Professional Conduct
Committee Comments to
Rule 1.7. Conflict of Interest: General Rule
Rule 8.4. Misconduct
Amended and Approved for Publication

C.R.C.P. Committee Comments to Rule 1.7. Conflict of Interest: General Rule, is amended as follows:

COMMITTEE COMMENT

The rule adopted is identical to Model Rule 1.7 except for section (c) which the Committee felt was necessary in order to provide more protection for a client whose consent is sought as a way of resolving a conflict of interest between the lawyer and client. The addition states that consent should not be obtained from a client in a situation in which a disinterested lawyer would advise the client not to agree to the representation.
FOR A DISCUSSION OF THE ETHICAL RAMIFICATIONS OF SEXUAL RELATIONSHIPS BETWEEN A LAWYER AND A CLIENT SEE THE COMMITTEE COMMENT TO RULE 8.4.
Amended and approved for publication by the Court, En Banc, October 17, 1996, effective January 1, 1997.

C.R.C.P. Committee Comments to Rule 8.4. Misconduct, is amended as follows:

COMMITTEE COMMENT

The Committee added the proscriptions contained in C.R. Civ.P. 241.6 and DR 1-102(a)(5) of the Code.
SEXUAL RELATIONSHIPS BETWEEN A LAWYER AND A CLIENT RAISE MANY ISSUES REGARDING A LAWYER’S PROFESSIONAL CONDUCT. FOR EXAMPLE, IN PEOPLE v. GOOD, 893 P.2d 101 (COLO. 1995), THE COLORADO SUPREME COURT HELD THAT BECAUSE OF THE RISKS INHERENT IN A SEXUAL RELATIONSHIP BETWEEN A LAWYER AND A CLIENT, SUCH A RELATIONSHIP OR EVEN SUGGESTIONS OF SUCH A RELATIONSHIP WILL ALMOST ALWAYS VIOLATE RULE 8.4 (H). SEE ALSO PEOPLE v. BERGNER, 873 P.2d 726 (COLO. 1994).
Amended and approved for publication by the Court, En Banc, October 17, 1996, effective January 1, 1997.

Appendix to Chapters 18 to 20, C.R.C.P.
Terminology: “Partner” and
Rule 7.5. Firm Names and Letterheads
Amended and Approved for Publication

Terminology: “Partner” and Rule 7.5, is amended as follows:
Terminology: “Partner”
“Partner” denotes a member of a partnership OR LIMITED LIABILITY PARTNERSHIP, and a shareholder in a law firm organized as a professional corporation., OR A MEMBER OF A LIMITED LIABILITY COMPANY.
Amended and adopted by the Court, En Banc, October 17, 1996, effective January 1, 1997.

Rule 7.5. Firm Names and Letterheads, is amended a follows:
(a) [No change]
(b) A lawyer in private practice shall not practice under a tradename, a name that is misleading as to the identity of the lawyer or lawyers practicing under such name, or firm name containing names other than those of one or more of the lawyers in the firm; provided the name of a professional corporation or professional association may contain “P.C.,” “L.L.C.,” “L.L.P.,” or “P.A.” or similar symbols indicating the nature of the organization, and a legal clinic which meets all of the criteria of a legal clinic as defined by these rules may use “legal clinic” in its name.
(c) – (f) [No change]
Amended and adopted by the Court, En Banc, October 17, 1996, effective January 1, 1997.

By the Court:

Howard M. Kirshbaum
Justice, Colorado Supreme Court

© 1997 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=1997.


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