OARC Update November 2025

As we’ve previously noted, on January 2, 2024, a break-in at the Ralph Carr Judicial Center resulted in significant damage to the building, including to the 5^th floor where our offices are located. Fortunately, many of the services we provide are available electronically. While we continue to receive mail at the building, when possible, please use email and phone services to communicate with our office. We appreciate your continued patience.

WHAT YOU NEED TO KNOW

Amendments to Licensed Legal Paraprofessional (LLP) Rules

On October 30, 2025, the Colorado Supreme Court adopted amendments to the rules governing LLPs. The amendments expand and clarify the scope of practice for LLPs, including by permitting LLPs to examine witnesses and to work with experts on any topic within the LLPs’ scope of practice. The amendments also address educational requirements for licensure and align LLP registration fees with attorney registration fees. The amendments are effective December 1, 2025, and can be found here (Rule Change 2025(20)).

Proposed Amendments to the RPCs Would Address Artificial Intelligence

The Colorado Supreme Court is taking public comment on proposed amendments to the Colorado Rules of Professional Conduct that would explicitly address the impact of new technology, particularly artificial intelligence, on lawyers’ obligations in the practice of law.  Specifically, the Court is proposing:

• A new paragraph [20A] in Scope, and
• Revised comment [8] and new comment [9] to Colo. RPC 1.1 to address the obligation to maintain competence in light of technological developments.

The Court has scheduled a public hearing for December 17, 2025, at 3:30 p.m. in the Supreme Court Courtroom.  The deadline to request to speak at the public hearing is December 5, 2025, at 4 p.m.  The deadline to submit written comments is December 1, 2025, at 4 p.m.  Written public comments should be submitted in letter format addressed as follows: Colorado Supreme Court, 2 E. 14th Avenue, Denver, CO 80202.  Public comments should be submitted by email in letter format as an attachment to the email as a Word or PDF document.  Comments and speaking requests must be emailed to supremecourtrules@judicial.state.co.us.  Written comments received by the deadline will be made public and posted to the Court’s website after the comment period closes.

ABA Formal Opinion 518

On October 15, 2025, the ABA Standing Committee on Ethics and Professional Responsibility issued ABA Formal Ethics Opinion 518 A Lawyer’s Duties to Avoid Misleading Communications When Acting as a Third-Party Neutral Mediator. The Opinion explores a lawyer’s professional obligations under the Model Rules when the lawyer is acting as a third-party neutral. The Opinion begins by reciting the obligations set forth in Model Rule 2.4: the lawyer’s duty to inform unrepresented parties that the lawyer does not represent the parties, and the duty to describe to the unrepresented parties the difference between a lawyer representing the parties and a lawyer acting as a third-party neutral when the lawyer knows or reasonably should know the parties do not understand the lawyer’s role in the mediation process. The Opinion also discusses that while many of the professional conduct rules do not apply because there is no attorney-client relationship, Model Rule 8.4(c) does still apply and prohibits a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. Accordingly, the lawyer, acting as a mediator, may not give credence to statements that the lawyer knows to be false. ABA Formal Opinion 518

CBA Formal Opinion 150

In June 2025, the Colorado Bar Association Ethics Committee adopted CBA Formal Ethics Opinion 150 Ethical Issues that Arise When Crowdfunding Is Utilized to Pay for Legal Representation. This Opinion identifies the Colorado Rules of Professional Conduct that are implicated by a crowdfunding arrangement for legal fees, including: Colo. RPCs 1.0(e), 1.4, 1.8(f), 5.4(c), 1.6(a), 1.2(d), 8.4(c), 4.1(a), 3.6(a), 1.5(f), and 1.8(a).  The Opinion then examines two fact patterns to analyze application of the rules. The first fact pattern is when the client has arranged for crowdfunding for legal fees for their case and the lawyer has no direct control over the content of the crowdfunding (“client-sponsored crowdfunding”); the second is when the lawyer arranges for crowdfunding for the client’s case (“lawyer-sponsored crowdfunding”).

In addition to discussing the lawyer’s obligation regarding a third-party payor not interfering with the representation, and the lawyer’s duties regarding handling of funds, the Opinion highlights that for “client-sponsored crowdfunding,” the lawyer has fewer responsibilities given the lack of control over content, but still must advise the client on a range of ramifications regarding  the disclosure of confidential information on the website, including potential waiver of attorney-client privilege as well as the potential waiver of their Fifth Amendment privilege against self-incrimination. P. 7. For lawyer-sponsored crowdfunding, the lawyer “must ensure (1) the information in the statement on the crowdfunding site contains no more confidential information than is necessary; (2) the client provides informed consent to all information regarding representation placed on the crowdfunding site; and (3) the client is advised as to potential waiver of attorney-client privilege by the publishing of statements on the crowdfunding site.” P. 18. The lawyer also must ensure treatment of funds obtained from lawyer-sponsored crowdfunding complies with applicable rules.  P. 12-17.  CBA Ethics Opinion 150

CAMP IS NOW APEX

The Colorado Attorney Mentoring Program (CAMP) has evolved since it was created in 2013. The program now includes mentoring and more. Accordingly, CAMP has been renamed to capture the breadth of the program. CAMP is now the Colorado Office of Attorney Professional Excellence (APEX). J. Ryann Peyton, the Executive Director of APEX, explains the various offerings APEX has and what this next chapter entails.

STRATEGIES FOR DEEP CONNECTIONS

The modern lifestyle facilitates less human interaction, which contributes to the problem of loneliness in our society. In this article, Carrie Bowers, Program Coordinator for the Colorado Lawyer Assistance Program, describes the importance of being connected and ways to find connection in our communities.

OARC Adopts Credit Card 2% Administrative Fee for Upcoming Attorney/LLP Registration

As we noted in our September newsletter, pursuant to C.R.S. § 5-2-212, OARC will begin charging a 2% fee for the use of credit cards, including the upcoming attorney and LLP registration cycle that begins December 1, 2025.  The 2% fee helps cover the cost of processing a credit or charge card transaction.  OARC also will phase in the 2% fee for other credit card transactions, such as those charged for certain courses offered by OARC as well as applications for admission.  Payments made by ACH transfer, check or debit card are not subject to the 2% fee. 

OARC and certain other independent agencies, including the Office of the Presiding Disciplinary Judge, the Office of Attorney Professional Excellence, and the Colorado Lawyer Assistance Program, are funded exclusively by fees and receive no taxpayer funding.  Every time OARC collects a fee by credit card, generally over 2% of that fee must be paid to the financial institutions associated with that card and payment. 

Important CLE Compliance Reminder

If your three-year compliance period ends in 2025, now is the time to make a plan for compliance by December 31, and to enter your credits by January 31, 2026, in order to avoid significant late fees.

Here are the key links:

Check your transcript and enter credits.

At the end of a three-year compliance cycle, attorneys must have 45 credit hours, which includes a minimum of 2 hours of Equity, Diversity and Inclusivity (“EDI”) credits and a minimum of 5 hours of ethics or legal professionalism credits. Review the rules, regulations and forms.

To find EDI-accredited courses under either the Live or Home Study Courses tab (depending on which you want to take), click on the EDI column heading until courses are sorted by the number of EDI credits given. If you know part of the course title or provider name, you also can enter those search terms in the search fields provided. You also can click on “Export” to get a searchable spreadsheet of all courses.

Note that a course covering both the Rules of Professional Conduct and diversity in the profession might not give attendees both ethics and EDI credit. That is because each hour of a course may receive either ethics or EDI accreditation, but not both for the same hour. To ensure the course you are taking satisfies the credits you are seeking (regardless of how it is advertised), check our website to confirm the accreditation.

The Office of Attorney Regulation Counsel has a free lawyer self-assessment online CLE program that qualifies for 3 ethics credits if fully completed. 

Mandatory Registration and Voluntary Demographic Survey Reminder

The online registration system will be available at coloradolegalregulation.com starting on December 1, 2025. Postcard reminders will be mailed the last week of November. As a reminder,  we now use multifactor authentication (MFA) at the time of login. This is an added layer of security we’re pleased to include in the registration process.

There is again this year an anonymous, voluntary demographic survey offered at the completion of online registration.  All attorneys and LLPs are encouraged to complete it to provide helpful information to track trends in groups of legal practitioners in Colorado.   

REMINDERS & UPCOMING CLEs AND EVENTS

DECEMBER

December 1 Late filing deadline for February 2026 bar exam

December 5 OARC’s Trust Account School, webinar (Margaret Funk and Justin P. Moore)

December 5 Generative Artificial Intelligence and the Practice of Law webinar, Adams/Broomfield Bar Association (April McMurrey)

December 9 New Judge Orientation, Office of the Colorado State Court Administrator, live (Jessica Yates)

December 15 Practicing with Professionalism, CBA-CLE webinar

December 16 Business Continuation, Legal Entrepreneurs for Justice Bootcamp (Jay Fernandez)

JANUARY

January 6 Trust Accounting and the Rules of Professional Conduct, Legal Entrepreneurs for Justice Bootcamp (Justin P. Moore)

January 12 Practicing with Professionalism, CBA-CLE webinar

January 13 Trust Accounting, as part of the Hanging Your Shingle program, CBA-CLE classroom (Margaret Funk)

January 13 Ethics Updates, Douglas/Elbert Bar Association, live (April McMurrey)

January 15 Fee Agreements, as part of the Hanging Your Shingle program, CBA-CLE classroom (April McMurrey)

FEBRUARY

February 20 Executive Order Re: Immigration Attorneys, Immigration and Criminal Defense Bar, live (Jessica Yates)