OARC Update

A bimonthly newsletter of the
Office of Attorney Regulation Counsel


In this month’s What You Need to Know, we provide an update regarding the new legal licensing structure and we note a recent rule amendment.

Update on Licensed Legal Paraprofessional Proposal
The Colorado Supreme Court has posted the written public comments received on the implementation plan to license legal paraprofessionals (“LLPs”) for a limited practice of law in the area of domestic relations.  It also has announced it will hold a public hearing on the plan November 16 at 2 p.m.  Requests to speak at the hearing may be emailed to:  All speaking requests must be received no later than 4:00 p.m. on November 10, 2022.
The 26-page implementation plan outlines how interested paraprofessionals who meet educational and experiential requirements could become licensed for this limited practice of law by taking and passing designated family law and ethics exams and clearing character and fitness requirements.  The plan includes numerous proposed rule and statutory changes to ensure that these paraprofessionals would be adequately regulated and could advise clients, though they would not be allowed to orally advocate in court.
The Court is inviting public comment on the entire proposal, and specifically the issues of what asset or income criteria are appropriate limits for LLP representation of clients.  
To review the implementation plan and the various proposed rule and statutory changes, and for instructions on how to provide public comments, go to the Court’s proposed rule change website and review the information under “PALS implementation report and plan.” 
The Colorado Bar Association hosted a town hall discussion on August 9, 2022 where speakers from the working group gave an overview of the program and answered questions. To view the video of the town hall discussion hosted by the Colorado Bar Association, click here.
To access the audio-only version, click here.
Additional information and updates about the LLP program can be found here.

Amendment to Colo. RPC 1.8(e)(financial assistance to a client)
The Colorado Supreme Court amended Colorado Rule of Professional Conduct 1.8(e) and the comments to the rule, effective September 8, 2022. The amendment can be reviewed here. The amendment to the rule expands the exceptions for when a lawyer may provide financial assistance to a client. The new amendment explains that when a lawyer is representing an indigent client without payment of a fee, or representing an indigent client or the interests of a child and youth through employment or contracts with a state agency, the lawyer may provide modest gifts to the client for food, rent, transportation, medicine or other basic living expenses, provided the lawyer does not promise the gift prior to retention or use the gift to induce the client to continue the representation, the lawyer does not seek or accept reimbursement from the client (or the client’s relatives or affiliates), and the lawyer does not advertise or publicize to prospective clients a willingness to provide such gifts. The amendments to Comments 11, 12 and 13 provide further explanation regarding permissible modest gifts.


You’re in the last stages of settlement and you are holding the agreed-upon settlement proceeds in your trust account to be disbursed to others.  You get an email that, well, feels a bit jarring, maybe because:

  • The recipient of funds, or their counsel, is requesting that the funds be wired to an account in a different country, or an account different than the one previously discussed; and
  • The sender of the email says they can’t talk by phone right now, but asks for an email to confirm you are following the new instructions; or
  • The sender of the email wants you to talk to another designated person, unknown to you, to get further instructions, or provides a phone number you haven’t seen before.

There are lots of variations on the same theme: re-routed wire transfers, counterfeit cashier’s checks, unnecessary third-party transfers – all of which can result in a lawyer sending those settlement proceeds to the perpetrators of the fraud.  And the schemes apparently work with enough success to embolden the creators of yet more frauds, which have now occurred throughout the country – including Colorado.
There are lots of ways to avoid this worst-case scenario.  Lawyers can ensure everyone in their firm is trained to recognize the tell-tale signs of an attempted fraud.  Lawyers can make it clear to clients, opposing counsel, and others that unexpected deviations from payment procedures will require additional authentication, such as a Zoom meeting to confirm visually and verbally the change.  Lawyers can adopt stricter email security protocols to keep their emails from getting hacked and avoid using public or unsecured networks for work-related emails.
While the Office of Attorney Regulation Counsel does not author ethics opinions, this unofficial blog of Vermont’s Bar Counsel caught our eye. There can be ethical implications, depending on the facts and circumstances, when a lawyer releases funds to fraudsters that are properly due to others.  Diligence in today’s world means double- and maybe even triple-checking before allowing that to happen.


Are you a legal entrepreneur with an interest in creating a socially conscious law practice? The Legal Entrepreneurs for Justice program (LEJ) may be your path to this innovative practice model. The LEJ is currently accepting applications for the 2023 session. J. Ryann Peyton, the Director of both LEJ and the Colorado Attorney Mentoring Program, describes the philosophy of LEJ and the application process for the LEJ 2023 session. For more information, click here.


Sarah Myers, the Executive Director for the Colorado Lawyer Assistance Program, describes ways in which COLAP can help if you are concerned about a colleague or family member. She explains signs to watch for that may indicate someone is struggling, as well as ways you might approach the person if you opt to speak to them directly. 


The American Bar Association Commission on Women in the Profession, along with other affinity bars, is conducting a survey of lawyers (not limited to women and parents) to better understand the impact raising children has on legal careers.  The Commission is specifically in need of men’s participation in the survey. The deadline for completing the survey is 9 p.m., MST, September 28, 2022. A link to the survey can be found here: Parenthood and Child Caregiver Survey (


Have you moved to a new job or residence?  Please be sure to update your contact information with the Office of Attorney Registration as soon as possible so you don’t miss important notices and reminders from that office.
Inactive attorneys 65 and older, please note that during the 2023 registration period your bar card will only be provided upon request. If you are an inactive attorney, age 65 and older and wish to receive a bar card, please email the Office of Attorney Registration at to request your bar card for 2023.
CLE compliance reminder
All active Colorado attorneys under age 72 must earn 45 credits, including 7 professional responsibility credits, every three years by the end of the third year. For those whose compliance period began in 2021, the 7 professional responsibility credits must include 2 credits in equity, diversity and inclusivity, and 5 credits in legal ethics or legal professionalism. Roughly one-third of active Colorado attorneys have a compliance deadline coming up in the next few months -- by December 31, 2022.  Be sure to check here to confirm you have met or are on your way to meeting this requirement.  Programs that already have been accredited can be found here. OARC offers a free on-line self-assessment that qualifies for CLE credit, which can be accessed here.  


October 6 Earliest date for which July 2022 Bar Exam results are posted
October 11 EDI Requirements, Larimer County Bar Association, Larimer County Courthouse in the Jury Room (Jessica Yates)
October 12 Ethics for Government Lawyers, Colorado Attorney General’s Office/EPA (April McMurrey)
October 14 Professionalism and Attorney Ethics, CBA Workers’ Compensation Section, CBA-CLE (Jonathan White)
October 14 Trust Account School, Ralph Carr Building (Margaret Funk and Justin Moore)
October 17 Practicing with Professionalism, CBA-CLE webinar
October 18 OARC & the Regulation of the Profession, CU Law Class (Jessica Yates)
October 18 Rule 3.8(d) Training, Colorado Springs City Attorney’s Office (Jessica Yates)
October 20 Future of Lawyer Regulation Committee, NOBC Webinar (Jessica Yates)
October 20 Rule 6.1’s Voluntary Pro Bono Service Provision and C.R.C.P. 250.2 EDI Requirements, Arapahoe County Bar Association Professionalism Matters Events, DTC (Jessica Yates)
October 20 Ethics and Professionalism, CBA-CLE (April McMurrey)
October 28 Ethics Update, Workers’ Compensation Education Association (Catherine S. Shea)
October 31 Oath of Admission Ceremony-Boettcher Concert Hall
November 1 Application filing deadline for February 2023 Bar Exam
November 7 Select Ethical Issues in the Context of DUI Cases, Adams Broomfield Bar Association, webinar (Justin Moore)
November 9 Ethics Update, Colorado Water Congress (April McMurrey)
November 15 Fee Agreements, Ethics 7.0, CBA-CLE (April McMurrey)
November 15 and November 16, Ethics Revue: Starring the Law Club, Clocktower  Cabaret (Jessica Yates)
November 16 Rule 3.8(d) Presentation, Colorado OADC, Ralph Carr Building (Jessica Yates)
Copyright © 2022 Office of Attorney Regulation Counsel, Colorado Supreme Court, All rights reserved.

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