OARC Update

As we've previously noted, on January 2, 2024, a break-in at the Ralph Carr Judicial Center resulted in significant damage to the building, including to the 5^th floor where our offices are located. Fortunately, many of the services we provide are available electronically. While we continue to receive mail at the building, when possible, please use email and phone services to communicate with our office. We appreciate your continued patience.

WHAT YOU NEED TO KNOW

Amendments to the Colorado Rules of Professional Conduct

On September 12, 2024, the Colorado Supreme Court adopted amendments to Colorado Rules of Professional Conduct 5.4, 6.1 and 8.4. The amendments to Colo. RPCs 5.4 and 6.1 update citations to the continuing legal education rules. The amendment to Colo. RPC 8.4(g) amends the language of that rule to include sex, identity or gender expression, and ethnicity as categories of referenced classes. With this amendment, Colorado’s rule more closely mirrors the categories of classes included in Model Rule 8.4(g), though Colorado’s rule still differs from the Model Rule in the scope of application. The adopted amendments can be found here. 

Proposed New Rule Governing Accommodations for Exams

The Colorado Supreme Court is considering adding to the rules that govern admission in Colorado to specifically address disability accommodations for applicants for the bar exam and the licensed legal paraprofessional exam. The new rule explains how an applicant qualifies for disability accommodations and the process for considering that request, which would supplement the policies for accommodations that can be found on the Admissions web site. The Court has scheduled a public hearing on the proposed rule on December 11, 2024 at 3:30 p.m. at the Colorado Supreme Court. The deadline for submitting public comments is November 15, 2024 at 4 p.m. The deadline to request to speak at the public hearing is December 2, 2024 at 4 p.m. Comments and speaking requests may be emailed to supremecourtrules@judicial.state.co.us. The proposed rule and information regarding the hearing can be found here.  The policies and guidelines can be found here.

ABA Formal Opinion 512

On July 29, 2024, the ABA Standing Committee on Ethics and Professional Responsibility issued ABA Formal Ethics Opinion 512 Generative Artificial Intelligence Tools. This Opinion examines the application of the Model Rules of Professional Conduct to a lawyer’s use of generative artificial intelligence, which can be accessed through free platforms such as ChatGPT as well as a number of commercial platforms. Specifically, the Opinion addresses the use of generative artificial intelligence in relation to a lawyer’s duties of competence, confidentiality, communication, meritorious claims and contentions, candor toward the tribunal, supervisory responsibilities and fees. Opinion 512. 

ABA Formal Opinion 513

On August 23, 2024, the ABA Standing Committee on Ethics and Professional Responsibility issued ABA Formal Ethics Opinion 513 Duty to Inquire Into and Assess the Facts and Circumstances of Each Representation. This Opinion examines the amendments to Model Rule 1.16(a) and the Comments, which addresses a lawyer’s duty to inquire into and assess the facts and circumstances of each representation. Our office previously discussed the amendments in our September 2023 newsletter. As the Opinion notes, many of the obligations that have now been made explicit through the amendments already existed under Model Rules 1.2(d), 1.1, 1.3, 1.4, 1.13, 8.4(b) and 8.4(c). Opinion 513 .

Colorado has not adopted the amendments that are the focus of Opinion 513. Nevertheless, the concepts that inform the Opinion also exist under Colorado’s Rules of Professional Conduct through Colo. RPC 1.2(d) and 1.16(a), among others.

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