OARC Update May 2025


OARC Update May 2025

WHAT YOU NEED TO KNOW

Annual Report

The Office of Attorney Regulation Counsel has published its 2024 Annual Report. Each year, in addition to profiling the work of the office, we take a closer look at unique aspects of the practice in Colorado. This year, we profile the Licensed Legal Paraprofessional (LLP) program. As you likely know from past issues of our newsletter, LLPs represent a new licensing framework in Colorado. LLPs are authorized to engage in representation with respect to specific tasks in domestic relations matters. We hosted two LLP exams in 2024 and licensed 91 LLPs. The program continues to have strong momentum and we anticipate licensing more LLPs following the April 2025 exam. To review the Annual Report, click here.

ABA Formal Opinion 516

On April 2, 2025, the ABA Standing Committee on Ethics and Professional Responsibility issued ABA Formal Ethics Opinion 516 Terminating a Client Representation Under MRPC 1.16(b)(1): What “Material Adverse Effects” Prevent Permissive Withdrawal? This Opinion closely examines permissive withdrawal under MRPC 1.16(b), and specifically the phrase “material adverse effect on the interests of the client.”  The Opinion first explains that a “material adverse effect” is one where “the withdrawal would significantly harm the client’s interests in the matter in which the lawyer represents the client.” P. 3. The Opinion goes on to explain  those circumstances that are likely to constitute an adverse effect: when there will be delay caused by the client’s search for a new attorney; where the original lawyer’s unique abilities or knowledge cannot be replaced; or where the client will incur significant expense for new counsel to become familiar with the matter. The Opinion recognizes a lawyer may be able to remediate these effects. The Opinion also discusses the circumstances that are unlikely to have a material adverse effect, such as: when the representation has just begun; where co-counsel is able to complete the remaining work; where the lawyer has completed substantial work and the remaining work does not require the lawyer’s particular skill or knowledge; or when there is no imminent matter pending. The Opinion then goes on to discuss the interplay between MRPC 1.16(b)(1), which is not concerned with the lawyer’s motivation for withdrawing, and the situation where a lawyer withdraws in order to represent an adverse party. This part of the Opinion, which discusses the “hot potato doctrine”, is one topic covered by the dissenting authors. Those authors maintain the Opinion is not complete in that it fails to address the importance of lawyers closing files; it fails to fully explain the breadth of precedent for the “hot potato” doctrine; and it fails to address mandatory withdrawal. ABA Formal Opinion 516 

HB 25-1090

In this year’s legislative session, the General Assembly passed and the Governor signed HB 25-1090 Protections Against Deceptive Pricing Practices, which is set to take effect January 1, 2026. To review the language of the law, click here. Notably, the new law sets forth requirements for displaying the “total price” for a good, service or property, and there is no express exception for law services.  The law addresses situations in which the person offering services cannot reasonably know the total price at the time of the offer, and what must be disclosed to fall within the law’s safe harbor.  Lawyers and LLPs may wish to review these new provisions in the context of Colo. RPC 1.5 or Colo. LLP RPC 1.5, which continue to govern lawyer and LLP fee agreements, respectively.  Should our office learn of information that will assist lawyers and LLPs in understanding the application of this law to the legal profession, we will include that information in our upcoming newsletters. 

Colorado Lawyer Well-Being Recognition Program for Legal Employers

Ryann Peyton, the Executive Director of the Colorado Attorney Mentoring Program and Legal Entrepreneurs for Justice, provides an update on the reception and recognition ceremony for the Colorado Well-Being Recognition Program for Legal Employers.

On April 15th the Colorado Well-Being Recognition Program for Legal Employers recognized the 2024 pledge to lawyer well-being participants who met their well-being priorities with a reception and recognition ceremony held at the Colorado Supreme Court. Chief Justice Monica Márquez provided remarks thanking the attendees for their commitment to improving well-being in Colorado’s legal profession. Attendees were recognized for being pioneers in the movement to help lawyers take care of one another. Participants in the 2024 program received recognition in the form of a virtual “badge” to display on their organization websites and e-mail signature lines, as well as a Certificate of Recognition issued by the justices of the Colorado Supreme Court.

2024 pledge to lawyer well-being participants

We are still seeking leaders in Colorado’s lawyer well-being movement! The legal profession is renowned for its rigorous demands and high-stress environments, but this shouldn’t come at the cost of our mental and physical health. We must take proactive steps to ensure our well-being remains a top priority.
 
That’s why we’re calling on you to take the Colorado Pledge for Lawyer Well-Being in 2025. By taking this pledge, you’re not just making a commitment to your organization, but to the entire legal community. Let’s work together to create a culture where lawyer well-being is valued and prioritized.
 
Learn more about the program, register for our free events, and take the Pledge at www.coloradolawyerwellbeing.org !

Logo for Colorado Well-Being Recognition Program for Legal Employers

REMINDERS & UPCOMING CLEs AND EVENTS

MAY

May 28 Swearing-In at Ellie Caulkins Opera House for February 2025 Bar Exam

May 30 Upleveling the Practice Through AI, ABA 50th National Conference on Professional Responsibility, Arlington, VA (panel presentation with Greg Siskind and Josh Noffke, moderated by April McMurrey)

May 31 Client Protection Rules and Their Impact, 40th ABA National Forum on Client Protection, Arlington, VA (panel presentation with Justin P. Moore, Eric A. Seiff and Michael J. Knight, Sr.)

May 31 ABA PMBR Workshop, ABA Center for Professional Responsibility, Washington, D.C. (Gregory G. Sapakoff)

JUNE

June 5 A Phased Approach to Regulating AI in Consumer-Facing Legal Tools, IAALS and Duke Center on Law & Tech, Virtual (Jessica Yates)

June 13 OARC Update, CBA Board of Governors Meeting, Glenwood Springs (Jessica Yates)

June 16 LLP Swearing-In Ceremony (April exam)

June 23 Practicing with Professionalism, CBA-CLE webinar

June 23-24  2nd Annual Licensed Legal Paraprofessional (LLP) Practicum, CBA-CLE

June 27 Organizational Representation, Colorado Municipal League Summer Conference, Breckenridge (Jessica Yates)

June 27 The Foundation of an Ethical Fee Agreement, as part of Best Practices in the Profession, CBA-CLE (April McMurrey)

JULY

July 17 ABA & CBA Ethics Opinion(s), Office of the Attorney General, Denver (Jessica Yates)

July 29-30 July 2025 Bar Exam at the National Western Complex