OARC Update

WHAT YOU NEED TO KNOW

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: supremecourtrules@judicial.state.co.us.  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.

WHEN THINGS SEEM “OFF”: ARE YOU ABOUT TO BE SCAMMED?

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.

LEGAL  ENTREPRENEURS FOR JUSTICE

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.

COLAP RESOURCES: LOOKING OUT FOR COLLEAGUES

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. 

ABA SURVEY TO BETTER UNDERSTAND THE IMPACT RAISING CHILDREN HAS ON LEGAL CAREERS

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 (qualtrics.com)

LICENSING AND REGISTRATION REMINDERS

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 attorney_registration@coloradosupremecourt.us 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.  

REMINDERS & UPCOMING CLEs