OARC Update

A bimonthly newsletter of the
Office of Attorney Regulation Counsel



In this month’s What You Need to Know, we profile information regarding recent rule and CLE regulation amendments, proposed rule amendments, and a recent ethics opinion.
Recent rule amendments
On September 10, 2020, the Colorado Supreme Court amended and adopted Colo. RPCs 7.1-7.5, effective immediately, which govern information about legal services, including advertising and solicitation requirements. The new amendments adopt much of the language from the American Bar Association’s Model Rules, with some exceptions. To review the amendments, click here.

Recent regulation amendments

On September 18, 2020, the Colorado Supreme Court Advisory Committee approved amendments to the Continuing Legal and Judicial Education Regulations, which will take effect October 1, 2020. Any attorney or CLE sponsor or provider with a request pending in the Office under the pre-October 1 regulations will receive the benefit of those regulations. The revised regulations clarify certain provisions around CLE credit for teaching and graduate studies, as well as residency requirements needed to invoke the comity provision. Notably, the fee for filing a Form 1B Request for Individual Attorney Accreditation, which is required to obtain Colorado CLE credit for out-of-state live CLE courses for which the provider has not sought Colorado accreditation, is being increased from $5.00 to $10.00. The fee increase accounts for the transaction costs associated with processing such forms, as well as the vendor fees associated with the newly available online filing and payment system for these forms. The Office of Attorney Regulation Counsel operates through collected fees rather than legislative appropriations. For more information, click here.

Proposed rule changes

The Colorado Supreme Court has proposed amendments to rules governing the attorney regulation process and the unauthorized practice of law. The comment period closed on September 15, 2020. For more information regarding the written comments and the proposed amendments, click here.        
The Colorado Supreme Court has proposed amendments to the contingent fee rule, which would move the substance of C.R.C.P. 23.3 Rules Governing Contingent Fees into Colo. RPC 1.5 Fees, among other changes. The comment period closed on September 3, 2020 and the public hearing has been cancelled.  The proposed amendments include a form contingent fee agreement.  If the Supreme Court adopts the proposal, the Office of Attorney Regulation Counsel will post a Microsoft Word version of the form on its website for download and use by attorneys. For more information regarding the written comments and the proposed amendments, click here.

Finally, the Supreme Court Advisory Committee recently voted to recommend a proposal to revise certain rules relating to attorney admission.  The proposal would eliminate the reciprocity requirement applicable to on-motion applicants, increase the time frame that an MPRE score is valid, update requirements for foreign-educated applicants and make certain other changes.  The proposed changes are not yet posted for review at the time of this newsletter, but may be posted on the Court’s proposed rule webpage later in October.

CBA Formal Ethics Opinion 141

In July 2020, the Ethics Committee of the Colorado Bar Association issued Formal Opinion 141 Ethical Duties Arising from Data Breach. The Opinion discusses a lawyer’s ethical obligations regarding data breaches, including the obligation to prevent, monitor for, halt and investigate security breaches. The Opinion discusses and concurs with ABA Formal Op. 483 “Lawyers’ Obligations After an Electronic Data Breach or Cyberattack” (2018)CBA Formal Ethics Op. 141.



Ryann Peyton, Director, Colorado Attorney Mentoring Program

Legal mentoring looks different today than it did six months ago. Typically when we talk about mentoring we are focused on achieving career objectives, developing professional identity, or improving practice competencies. Today, however, there are so many other things to worry about that are more critical than resume building.

At some point in the future, those career-oriented things will become important again, but right now, there is a more fundamental aspect of mentoring that is vital to emphasize: mentoring is a personal relationship based on caring, support and trust. Keeping that relationship active can help mentors and mentees better manage stress, anxiety, frustration and loneliness during a period of isolation.

People need each other now more than ever. If you are in a mentoring relationship, whether through a formal program or organically on your own, let your mentoring partners know that you care, you are interested in how they are doing, and that you are available and supportive in this difficult time.

If you would like a mentoring relationship during this challenging time, reach out to the Colorado Attorney Mentoring Program (CAMP) where meaningful mentoring is still happening…albeit virtually. Learn more at



Starting in October of this year, the Colorado Bar Association Ethics Committee will pilot a new program designed to assist lawyers in disciplinary matters. The CBA Assistance Program for Office of Attorney Regulation Counsel Disciplinary Matters makes referrals of need-based legal assistance to respondent lawyers in disciplinary matters. Volunteer members of the CBA Ethics Committee can enter into independent attorney-client relationships with respondent lawyers regarding their disciplinary matter, and provide limited-scope representation. Respondent lawyers seeking assistance through the program are required to submit an application, including a financial affidavit. When reviewing applications, the program’s screening committee will determine whether a particular case is appropriate for inclusion, relying in part on the financial affidavit, but also other factors such as the number of cases in the program and the number of volunteer lawyers available to provide assistance through the program. The CBA Ethics Committee and the assistance program are not affiliated with OARC; however, OARC will be providing information to lawyers in the disciplinary process about this program. For more information, click here.


As we near the end of the year, our office is preparing to send out registration statements. Be sure our office has your current contact information. To update your information, you may notify the office in writing by sending a letter, or by using the change of address form. You may also contact us by email to report any changes.


Oct. 2 Professionalism and Ethics Update, Colorado Rural Electric Association webinar (Erin R. Kristofco)

Oct. 2 Lawyers, Investigators and the Rules of Professional Conduct, Professional Private Investigators Association of Colorado webinar (J.P. Moore)

Oct. 2 OARC and Ethical Conduct, Ethics and Professionalism: Balancing Civility with Zealous Advocacy, CBA-CLE webinar (April M. McMurrey)

Oct. 6 Overview of the Office of Attorney Regulation Counsel & COLAP, Outreach to Continental Divide Bar Association webinar (Jessica Yates co-presenting with COLAP’s Amy Kingery)

Oct. 7 Alternative Careers for Lawyers as Leaders in Government, Presidential Virtual Visit Adams/Broomfield Bar Association webinar (Jessica Yates)
Oct. 8 Expanding Our Reach: The Future of Pro Bono Service Delivery for Federal Practitioners webinar (E. James Wilder)

Oct. 8 Results announced for July 2020 bar exam

Oct. 14 Alternative Careers for Lawyers as Leaders in Government, CBA Presidential Virtual Visit 13th Judicial District webinar (Jessica Yates)

Oct. 16 and 17 Practical Ethical Issues in Trust and Estate Practice, Estate Planning Retreat, CBA-CLE virtual conference (April M. McMurrey co-presenting with attorney Clara Brown Shaffer)

Oct. 23  OARC and Common Ethical Issues for Child Support Attorneys and Staff,  2020 Virtual Judicial Huddle (Jill Perry Fernandez)

Oct. 26 Practicing with Professionalism, CBA-CLE webinar

Oct. 26  Remote Regulation Panel, International Conference of Legal Regulators webinar (Alan Obye)

Oct. 28 Trust Accounts and Operating Accounts: Running your Business to Avoid Ethics Problems, Four Corners Bar Association webinar (J.P. Moore)

Oct. 29 Adopting a Restorative Approach to Complaints, International Conference of Legal Regulators webinar (Jessica Yates)


Nov. 1 Application filing deadline for February 2021 bar exam

Nov. 5 Annual Appellate CLE, Ethics Panel webinar (Jessica Yates)

Nov. 9 Ethics presentation, Law in the Trenches, Southwest Colorado Bar Association webinar (Alan Obye and Catherine Shea)

Nov. 10 What's Next, 2020? Current Ethical Issues and Updates, Douglas Elbert Bar Association webinar (Jane Cox)

Nov. 10 Language Barriers and the Colorado Rules of Professional Conduct, Spanish Speaking Lawyers Committee webinar (E. James Wilder)

Nov. 13 Ethics update, CBA Presidential Virtual Visit Weld County webinar (Jessica Yates)

Nov. 13 Ethics 7.0 What’s New in Attorney Regulation, CBA-CLE webinar (Greg Sapakoff)


Dec. 1 Late application filing deadline for February 2021 bar exam

Dec. 4  What's Next, 2020?  Current Ethical Issues and Updates, Weld County Bar Association webinar (Jane Cox)

Dec. 9 Working with Attorneys Presentation, SCAO New Judge Orientation webinar (Jessica Yates)

Dec. 16 The Current State of Lawyer Well-Being, CBA-CLE webinar (Jonathan White, co-presenting with COLAP’s Sarah Myers and CAMP’s Ryann Peyton)

Copyright © 2020 Office of Attorney Regulation Counsel, Colorado Supreme Court, All rights reserved.

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