Join us for a New Lawyers CLE:
Defending a Case Without a Client
Presented by
The Honorable Robert L. McGahey, Jr.
2nd Judicial District Court Judge
Jacob Vos
Counsel at the Office of Attorney Regulation Counsel
John White
Counsel at the Office of Attorney Regulation Counsel
Casey Quillen
Ruebel & Quillen
1 Ethics & 1 General CLE applied for
Free to CLDA Members
Hosted Social Hour Included
**non-members $50 (CU and DU students free)
The presentation will discuss C.R.S. § 42-7-414 and how it effectively allows service of a complaint on an absent client. The speakers will address how to respond to a complaint served via this statute, what efforts constitute a good-faith search for a missing client, when a motion to quash service under this statute is appropriate, whether there is a duty to file a motion to quash even if it will likely be unsuccessful when you cannot find your client, interview techniques for a client who does not want to be involved in a case, and responsibilities for participating in litigation without a client.
For the ethics portion of this event, Assistant Regulation Counsel Jacob Vos and Staff Attorney Jonathan White of the Office of Attorney Regulation Counsel will deliver a presentation titled “Uncooperative Clients and Self-Assessments for New Lawyers.”
Mr. Vos will discuss the lawyer’s duty of loyalty to a client and the obligations that flow from the lawyer-client relationship. He will explain the unique considerations that arise when a third party pays for the representation, such as an insurance carrier providing representation for its insured. Mr. Vos will discuss the impact of a client’s non-participation in the representation on the duty of loyalty and confidentiality. This will include whether a lawyer can opine that an insured party may jeopardize coverage. Other topics will include possible ways to handle initial discussions with a client who is the insured party so that the client understands the lawyer’s ethical duties as well as expectations of the client, along with limitations on the client’s ability to interfere with settlement.
Mr. White will discuss Colorado’s new lawyer self-assessment program. It is designed to help lawyers better serve clients and simplify their professional lives. The program arises out of a multi-year initiative of a subcommittee of the Colorado Supreme Court’s Attorney Regulation Advisory Committee. The subcommittee’s goal is to help lawyers engage in an honest and relevant assessment of their law practice and identify points of excellence and areas for improvement.
There are ten individual self-assessments in the program. They are:
(1) Developing a competent practice;
(2) Communicating in an effective, timely, professional manner and maintaining
professional relations;
(3) Ensuring that confidentiality requirements are met;
(4) Avoiding conflicts of interest;
(5) Maintaining appropriate file and records management systems;
(6) Managing the law firm/legal entity and staff appropriately;
(7) Charging appropriate fees and making appropriate disbursements;
(8) Ensuring that reliable trust account practices are in use;
(9) Working to improve the administration of justice and access to legal services;
(10) Wellness and inclusivity.
The self-assessments are voluntary and confidential. The goal is to have lawyers reflect on their practice and proactively look at ways to enhance their ethical infrastructure and better serve clients.
** non-members contact bo@codla.org for payment
- Matthew Broderick, Board Liaison, Gordon & Rees
- Erin Erhardt, Co-Chair, Patterson & Salg
- Kyle Joyce, Co-Chair, Montgomery | Amatuzio | Chase | Bell | Jones LLP
- Chris Gatewood, Vice-Chair, Hall & Evans
- Hillary Patterson, Vice-Chair, Patterson & Salg
- Hanie Kim, University of Denver Student Liaison
- Tessa Carberry, Univeristy of Colorado Student Liaison