OARC Update

CALLS TO ACTION

Attorney Registration is in Process

If you have not completed your attorney registration for 2023, now is a good time to do it!  The deadline for registration without a late fee is February 28, 2023.  Please click here to register. 

Demographic Survey

Again this year, with the attorney registration statement, we included a link to an online demographic survey hosted by Survey Monkey. If you have not completed this voluntary and anonymous survey, please do so in the coming weeks as the survey will close at the end of the attorney registration cycle.  Higher participation will allow us to better understand and monitor shifts in the demographics of the Colorado bar. 

To complete the survey, click here. This short survey takes only 1-2 minutes to complete.

ATTORNEYS ON THE MOVE

Who’s On First?
Considerations in Practicing Law Somewhere Else
 
For any attorney contemplating temporary or more long-term practice in a jurisdiction other than where they are licensed, it can be a daunting task to ascertain whether their practice of law is authorized.  Colo. RPC 5.5 provides that an attorney without Colorado admission cannot practice law in Colorado unless authorized by one of the rules in C.R.C.P. 204 et seq., or as authorized by federal or tribal law.  The same rule also provides that an attorney cannot practice law elsewhere if it would violate the regulations of that jurisdiction – which requires the hypothetical attorney in that fact pattern to understand whether the second jurisdiction would consider their contemplated conduct to be authorized or unauthorized, assuming it is considered the practice of law. 
 
This type of multi-rule, multi-jurisdictional analysis can give anyone a head-ache.  OARC addressed some remote practice issues in its November 2020 newsletter.  While OARC cannot provide legal advice, nor does it render legal opinions, a few highlights of the Supreme Court’s rules can help attorneys navigate the legal and factual questions at issue.

1. An attorney licensed by another U.S. jurisdiction can practice law in Colorado if that attorney’s practice of law: (a) is exclusively under federal or tribal law; or (b) is authorized by one of the limited practice authorizations set forth in C.R.C.P. 204 through 205.6. 
2. Rule 205.1 is Colorado’s “temporary practice rule.” While many types of limited practice of law in Colorado can be permitted under that rule (for example, participating in a deposition of a Colorado witness in connection with out-of-state litigation), that rule does not permit a non-Colorado-licensed attorney who is domiciled in Colorado to practice law in Colorado.  That attorney would need to be authorized pursuant to another rule, or be fully licensed to practice in this state.
3. “Practice Pending Admission” can be authorized under C.R.C.P. 205.6 only when the attorney has filed a qualifying application already with the Office of Attorney Admissions, and has filed a separate application for Practice Pending Admission that has been granted.  “Practice Pending Admission” status does not allow private practice attorneys to appear in court or administrative proceedings unless they also seek and receive pro hac vice approval.  Further, “Practice Pending Admission” status is only good for one year.
4. “Single client certification” can be authorized under C.R.C.P. 204.1 for an attorney licensed by another U.S. jurisdiction who seeks authorization to practice law for a single client.  Typically this attorney is in-house counsel for a corporate employer.  The client also will need to complete a certification in conjunction with the application.  The authorization to practice law is limited to that single client, and the attorney cannot switch to a new client (for example, a new corporate employer) without completing a new application, which must include a certification from the new client. 

What about a Colorado-licensed attorney who is considering a temporary or longer-term practice in another jurisdiction?  Under Colo. RPC 5.5, a Colorado attorney needs to ensure that what they are proposing to do in that other jurisdiction complies with that jurisdiction’s rules of professional conduct.  To put it more colloquially, the Colorado OARC perspective is “if it is okay with them, it is okay with us.”  Therefore, Colorado attorneys need to perform some due diligence when contemplating the practice of law in another state.  Different jurisdictions have different rules and enforcement philosophies.  The bar association of that other jurisdiction may have helpful information, or that jurisdiction’s disciplinary office might also staff an ethics hotline.

WHAT YOU NEED TO KNOW: UPDATES IN REGULATION

Amendments to the Unauthorized Practice of Law Rules
 
On December 15, 2022, the Colorado Supreme Court adopted amendments to procedural rules governing the unauthorized practice of law by individuals who are not lawyers or otherwise allowed to provide legal services normally provided by lawyers. The new rules became effective on December 15, 2022. The amended rules can be found here.
 
Where Is My Bar Card?
 
If you have already completed your 2023 annual registration and are wondering when you will receive your 2023 Colorado Attorney Registration card, you are not the only one.  Due to supply chain issues, there is currently a delay in getting the bar card order fulfilled.  If those delays persist past February, an announcement will be made on the OARC website. Thank you for your patience!  The registration deadline without a late fee is still February 28, 2023.
 

COLORADO LAWYER WELL-BEING RECOGNITION PROGRAM FOR LEGAL EMPLOYERS

Ryann Peyton, the Executive Director of the Colorado Attorney Mentoring Program, discusses the Colorado Supreme Court Well-Being Recognition Program and ways to get involved.
 
If lawyers don’t take care of each other, who will? The Colorado Supreme Court is launching the Colorado Well-Being Recognition Program for Legal Employers. A step forward in shifting the culture of well-being in Colorado’s legal profession, this first-of-its-kind program will recognize legal employers for implementing well-being strategies and recommendations in their organizations.
 
The program includes an annual Pledge to Well-Being, a facilitated educational series offering idea crowdsourcing for well-being strategies, and recognition by the Colorado Supreme Court for your organization’s well-being commitments and achievements.
 
We hope you’ll join us to make Colorado a national leader in lawyer-led well-being solutions. As the research conclusively bears out: (1) well lawyers are more effective and achieve better outcomes; (2) well-being breeds job satisfaction; and (3) well-being reduces the risk of attorney discipline. Promoting attorney well-being is good for business, good for clients, and the right thing to do!
 
Brief informational webinars are available to organizational leaders seeking additional information. You can reach out directly to program director Ryann Peyton at r.peyton@csc.state.co.us with specific questions or to schedule a webinar for your organization.
 
Visit https://coloradolawyerwellbeing.org for more information and to take the pledge!
 

ASSESSING YOUR PRACTICE

REMINDERS & UPCOMING CLEs