Ethics Rules Lawyers Should Remember

Abstract

This paper discusses the Colorado Rules of Professional Conduct as applicable to business, transactional, real estate, and title lawyers in Colorado. This paper also discusses comparable rules of professional conduct and interpretations from a number of other states and the ABA's Model Rules of Professional Conduct, including newly adopted Model Rule 8.4(g) and its potential negative impact on practicing lawyers, notwithstanding the good intentions of the rule. This paper addresses many of the 2018 and earlier interpretations, including regarding waiver of attorney-client privilege and work-product through incautious use of modern communications technologies and electronic file storage. It also discusses practical and ethical aspects of an attorney accepting cryptocurrency for legal fees or as a retainer, new developments relating to multi-party representation, and the application of recent interpretations of a prosecutor's duties under Rule 3.8 to subpoenas issued by grand juries to lawyers.