Ethics Rules Lawyers Should Remember

140 Pages Posted: 29 Nov 2016 Last revised: 9 Aug 2023

See all articles by Herrick K. Lidstone

Herrick K. Lidstone

Burns, Figa & Will, P.C.; University of Denver Sturm College of Law

Date Written: August 8, 2023

Abstract

This paper discusses the Colorado Rules of Professional Conduct as applicable to business, transactional, real estate, and title lawyers in Colorado. This paper also discusses comparable rules of professional conduct and interpretations from a number of other states and the ABA's Model Rules of Professional Conduct, including newly adopted Model Rule 8.4(g) and its potential negative impact on practicing lawyers, notwithstanding the good intentions of the rule.

This paper addresses many of the 2018 and earlier interpretations, including regarding waiver of attorney-client privilege and work-product through incautious use of modern communications technologies and electronic file storage. It also discusses practical and ethical aspects of an attorney accepting cryptocurrency for legal fees or as a retainer, new developments relating to multi-party representation, and the application of recent interpretations of a prosecutor's duties under Rule 3.8 to subpoenas issued by grand juries to lawyers.

Keywords: Rules of Professional Conduct, Lawyers, Transactional Lawyers, Model Rules, Rule 8.4(g)

Suggested Citation

Lidstone, Herrick K., Ethics Rules Lawyers Should Remember (August 8, 2023). Available at SSRN: https://ssrn.com/abstract=2874398 or http://dx.doi.org/10.2139/ssrn.2874398

Herrick K. Lidstone (Contact Author)

Burns, Figa & Will, P.C. ( email )

6400 S Fiddlers Green Circle
Suite 1000
Greenwood Village, CO 80111
United States
303-796-2626 (Phone)
303-796-2777 (Fax)

HOME PAGE: http://www.bfwlaw.com

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

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