Colorado Goes Live with Lawyer Self-Assessment Program

On October 24, 2017, the Colorado Supreme Court launched an online platform aimed at helping Colorado lawyers to practice ethically, avoid disciplinary actions, and reduce stress when dealing with rules of professional conduct. The new Colorado Lawyer Self-Assessment Program is the first online self-assessment program launched by a state for its lawyers, but Illinois will soon follow with its own similar same initiative.

A subcommittee of the Colorado Supreme Court’s Advisory Committee initiated the self-assessment tool, and a group of Colorado lawyers, professionals, and professors assisted in its development. The self-assessment program addresses 10 important areas-including conflicts, confidentiality, and fees-in which lawyers encounter common ethical obstacles when practicing law. Every area contains a list of objectives, requirements, and the best practices to follow. Then, the program asks the lawyer performing the assessment if he or she is following those guidelines and, if the answer is negative, the program provides ethics opinions and articles that explain the risks involved. Lawyers who complete the entire program also receive CLE credit.

Colorado lawyers are responding positively to the self-assessment program and the Colorado Supreme Court’s Advisory Committee expects to improve it considerably based on the assessment reports submitted.

View the Colorado Lawyer Self-Assessment Program here.

Written Consents Now Required When a Lawyer Subpoenas a Current Client for Another Client’s Lawsuit

According to a formal opinion issued by the New York City bar’s ethics committee, an attorney who must subpoena a current client for another client’s lawsuit typically has a conflict of interest requiring that the attorney secure informed written consent from both clients.

In considering the issue, the committee reasoned that testifying or producing documents in response to a subpoena are inconveniences that entail loss of money and time for the client subpoenaed. Such requests advanced through a coerced discovery may affect a client’s loyalty towards his or her lawyer. As such, subpoenaing a client involves representation of “differing interests” under Rule 1.7(a).

To prevent a violation of Rule 1.7, the committee advised attorneys to implement conflict-checking procedures before preparing and serving subpoenas. If a conflict is discovered, attorneys must obtain informed consents from both parties. The committee further advised attorneys to run a conflict check prior to being retained if it is apparent that current clients will be subject to discovery. If a conflict is preemptively discovered, the attorney must obtain informed consent from both parties, limit the scope of the representation to exclude the attorney from obtaining discovery, or decline the representation altogether.

Read the full opinion here