Practicing With Professionalism - South Carolina Bar Association

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26 Access to Justice February 2) a bar association or local Access to Justice Committeesponsored program; 3) an organized nonprofit entity, such as Colorado Legal Services, Metro Volunteer Lawyers, or the Colorado Lawyers Committee, whose purpose is or includes the provision of pro bono representation to indigent or near-indigent persons in civil legal matters; or 4) a law school. Additionally, before assigning the matter, the assigning entity is required to determine thatthe clientisfinancially eligible for pro bono legal representation. On completion ofthepro bono representation or mentoring, the lawyerfills out a form seekingCLE credit and submitsitto the assigning entity; which in turn verifies that the lawyer is entitled to such credit. The entity then submits the form to the Colorado Board ofContinuingLegal and Judicial Education. s Incentive for Pro Bono Work The proponents ofthe new rule understood that many Colorado lawyers recognize their professional responsibility to providepro bono representation and wantto do so, butoften are unsUre whereto find out about appropriate cases-notto mention, wheretofind thetime and resources to undertake therepresentation. It is hoped that C.R.C.P. 260.8 will serve as an incentive for lawyers to contact one ofthe assigning entities and take a case. A list ofColoradopro bono coordinators, local barprograms, and local access tojustice committees follows this article. The Colorado Constitution guaranteesthat"courts ofjustice shall be open to every person and a speedy remedy afforded for every injury to person, property or character!,g For many ofour neediest citizens, the courthouse door is still closed. For every pro bono case a lawyer takes, that door opens a little wider. ( NOTES 1. See generally Clay, Taubman, and Vogt, '~ccess to Justice Commission: 2004 Report," 34 The Colorado Lawyer 42 (Jan. 2005). 2. Griffin, 351 U.S. 12, 19 (1956). 3. See, e.g., '~ccess ~o Justice Commission: 2004 Report," supra, note 1; Taubman, "Pro Bono Representation-An Ethical Perspective," 32 The Colorado Lawyer 15 (Oct. 2003); Nichol, "The Command ofEqual Justice," 31 The Colorado Lawyer 57 (July 2002). 4.Id. 5:Id. 6. To obtain a copy ofthe rule, see "Court Business," 34 The Colorado Lawyer 137 (Jan. 2005) or online athttp://www.cobar. org/tcl and click on the Jan. 2005 issue, then "Court Business." It also can be accessed directly from the Colorado Supreme Court website: http://www.courts.state.co.us/supctlrules/2004 ruleschng.htm and click on Rule Change 2004(20). 7. See Colo.RPC 6.1 and Comment'(''Every lawyer, regardless ofprofessional prominence orprofessional work load, has a responsibility toprovide legal services to those unabletopay."). 8. For copies ofthe form, as well as the complete text ofthe new rule, see note 6, supra. 9. Colo. Const. art. il, § 6. III 26 / TIle Cbloracb lawyer / February 2005 / Val. 34, lib. 2
2005 Access to Justice 27 Sally Maresh Metro Volunteer Lawyers Denver (lst, 2nd, 17th, 18th Judicial Districts) (303) 830-7860 Grant Nyhammer Alpine Legal Services, Inc. Glenwood Springs (970) 945-8858 Patricia Craig Northwest Colorado Legal Services Project Frisco (970) 668-9612 Barbara Williams Northwest Colorado Legal Services Project Leadville (719) 486-3238 Candace Sparks Northwest Colorado Legal Services Project Gunnison (970) 641-3023 Patty Bennett Uncompahgre Volunteer Legal Aid Montrose (970) 249-7202 Sherri Ferree Northwest Colorado Legal Services Project Hayden (970) 276-2161 Angela Sedillos Weld County Legal Services (970) 351-7300 William Alexander Pueblo County Bar Association (719) 553-2467 Sue Parenteau Boulder County Legal Services (303) 449-7575 Karen Detmers The Pro Bono Project Grand Junction (970) 243-7940 Mary Ann Corey El Paso County Pro Bono Colorado Springs (719) 471-0380 PattEmmett Southwestern Bar Volunteer Legal Aid (970) 247-0266 Colorado Legal Services Durango (907) 247-0266 Joe Krabacher Thursday Night Bar Program Pitkin County (970) 925-6300 Jennifer Rice Legal Aid Larimer County Bar Association Fort Collins/Loveland (970) 402-2075 Southern Colorado Pro Bono Project (719) 589-5532 . San Luis Valley Bar Pro Bono Project (719) 589-5532 Lynne Sholler Local Access to Justice Committee Durango (970) 375-7756 Steve Flynn Local Access to Justice Committee Colorado Springs (719) 471-0380 Sue Parenteau Local Access to Justice Committee Boulder County Legal Services (303) 449-7575 William Alexander Local Access to Justice Committee Pueblo County BarAssociation (719) 553-2467 Aaron Clay Local Access to Justice Committee Delta (970) 874-9777 The COlorado lawyer / February 2005 / Veil.. 34, N:J. 2 / 27
Page 1 and 2: Practicing With Professionalism Pre
Page 3 and 4: AGENDA 8:30: 9:00: 10:00: 10:15: 11
Page 5 and 6: BIOGRAPHICAL INFORMATION JOHN S. GL
Page 7 and 8: COLORADO SUPREME COURT OFFICE OF AT
Page 9 and 10: A Note Regarding Hearing Board Deci
Page 13: .Reproduced by permission of the Co
Page 17 and 18: Rule Change 2004(20) COLORADO RULES
Page 19 and 20: Rule Change 2004(20) COLORADO RULES
Page 21 and 22: FORM 8 - APPLICATION FORCLE CREDIT
Page 23 and 24: A. Information Regarding Assigning
Page 27 and 28: METROPOLITAN CONCILIATIONPANEL TROU
Page 29 and 30: DISRESPECT IN THE COURT: A JUDGE'S
Page 31 and 32: or pad of paper on the table or lec
Page 33 and 34: telephones. However, rather than te
Page 35 and 36: do, with the great public questions
Page 37 and 38: 50 Things I Wish IWauld Have Learne
Page 39 and 40: 20. Never turn in the first, second
Page 41 and 42: 41. 42. 43. 44. 45. 46. 47. 48. 49.
Page 45 and 46: FORMING THE ATTORNEY CLIENT-RELATIO
Page 47 and 48: I. Forming the Attorney-Client Rela
Page 49 and 50: trust, the clients could avoid payi
Page 51 and 52: a. Those with whom you have a perso
Page 53 and 54: 3. An attorney must explain the lim
Page 57 and 58: DURING.THE ATTORNEY-CLIENT RELATION
Page 59 and 60: II. During the Attorney-Client Rela
Page 61 and 62: 2. The attorney-client· privilege
Page 63 and 64: RPC 1.4(a) and (b).) (suspension, s
Page 65 and 66:
for or appear for trial and the cou
Page 67 and 68:
o. People v. Holmes, 951 P.2d 477 (
Page 69 and 70:
obtain the return of an automobile
Page 71 and 72:
prepare corporate minutes authorizi
Page 73 and 74:
asked the client to sign a reaffinn
Page 75 and 76:
special use permit until the lender
Page 77 and 78:
TERMINATION OF THE ATTORNEY-CLIENT
Page 79 and 80:
· III. Withdrawallfermination from
Page 81 and 82:
included improper collection of fee
Page 83 and 84:
Defender in the pending case. This
Page 87 and 88:
LAW OFFICE MANAGEMENT·
Page 89 and 90:
V. Law Office Management: A. Prepar
Page 91 and 92:
4. Bill only for work performed and
Page 93 and 94:
G. Discipline may result from failu
Page 95 and 96:
FEES AND FEE AGREEMENTS
Page 97 and 98:
VII. Fee Agreements and Fees: A. Co
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(Attorney, representing another att
Page 101 and 102:
a. The use of conversion clauses in
Page 103 and 104:
·obtained in that lawsuit. It is p
Page 105 and 106:
lUU:. Use or converSIOn clauses In
Page 107 and 108:
1UU: Use ot converSIOn clauses In c
Page 109 and 110:
lVV: use or converSlOn Clauses m co
Page 111 and 112:
1vv: use or converSIOn clauses m co
Page 113 and 114:
1UU: Use ot converSIOn clauses 11)
Page 115 and 116:
: Contmgent tee arrangement m ChIld
Page 117 and 118:
6'/: Contmgent tee arrangement m ch
Page 119 and 120:
~2: AssertIOn of attorney's retammg
Page 121 and 122:
~:L: AssertIon ot attorney's retamm
Page 123 and 124:
1$2: AssertlOn at attorney's retamm
Page 125 and 126:
RULE 1.5 - FEES 1
Page 127 and 128:
RULE 1.5 FEES Amended andAdoptedby
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A lawyer may require advance paymen
Page 131 and 132:
legal services or confers benefits
Page 133 and 134:
1LL-' un Ketamers, .I:' lat .I:'ees
Page 135 and 136:
TCL - Un Retamers, Flat Fees, and C
Page 137 and 138:
TCL - On Ketamers, Flat Fees, and C
Page 139 and 140:
TeL - On Retamers, Flat Fees, and C
Page 141 and 142:
TRUST ACCOUNTS
Page 143 and 144:
VI. Trust Accounts and Operating Ac
Page 145 and 146:
B. Trust Account Bookkeeping 1. RUL
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Trust Accounts. and Operating.Accou
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evidence of knowing and intentional
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. People v. Barringer, 61 P.3d 495
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RULE 1.15 ~ SAFEKEEPING'PROPERTY 1
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RULE 1.15 SAFEKEEPING PROPERTY; INT
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(1) Required Bank Accounts. Every a
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into an account maintained under pa
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ofthe funds should be kept in trust
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PRIVATE CONDUCT
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IV. Private Conduct A. Colo. RPC 8.
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harassment and disorderly conduct f
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3. False statements, intentional or
Page 173 and 174:
. People v. Lowrey, 894 P.2d 758 (C
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ANCILLARY ISSUES
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VIII. Professionalism in the Practi
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warned to communicate through attor
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association and continued to do so
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A Lawyer's~Principl~s"-of Professio
Page 185 and 186:
DBA PRINCIPLES OF PROFESSIONALISM \
Page 187 and 188:
Professionalism byJerome J. Shestae
Page 189 and 190:
The Scrivener: Modern Legal Writing
Page 191 and 192:
)The Top Ten Insights that Court St
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Practicing With Professionalism - South Carolina Bar Association

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