Practicing With Professionalism - South Carolina Bar Association

similar to those supporting the attorney-client privilege, this exemption ("
assures the privacy of ,the attorney from opposing counsel and opposing
'-,
parti~s:
1. Hickman v. Tay/or, 329 U.S. 495 (1947). (The Court established a workproduct
exception to promote .....the interests ofthe clients and the cause
ofjustice....");
2. C.R.C.P. 26(b)(3) "In ordering the discovery of [trial preparation]
materials when the required showing has been made, the court shall
protect against disclosure of the mental impressions, conclusions,
opinions, or legal theories ofan attorney or other representative ofa party
concerning litigation."
3. For issues relating to production of the attorney's work-product to the
attorney'scli~nt, see CBA Ethics Opinion 104, Surrender ofPapers to the
Client Upon Termination ofthe Representation.
D. An attorney has a duty not to neglect a client matter. Colo. RPC 1.3.
1. Neglect ofa client matter may result in suspension.
a. People v. Stillman, 42 P.3d 88 (Colo.O.P.D.J. 2002). (In three C·
instances the attorney was retained to represent clients in dissolution of _
marriage proceedings. In each case, the attorney neglected the client
matters and failed to communicate, resulting in harm to the clients.
The attorney failed to provide an accounting and failed to return a
clientfile..During one matter, the attorney failed to communicate with
her client for a period ofmonths and then moved her office during the
representation without informing her client ofthe new location. The
neglect in that instance rose to the level ofabandonment. The
respondent's actions violated Colo. RPC 1.3, Colo. RPC 1.4(a), Colo.
RPC l.15(b), Colo. RPC l.16(d), Colo. RPC 8.4(a), and Colo. RPC
8.4(h).) (suspension, two years);
b. People v. Posse/ius, 42 P.3d 95 (Colo.O.P.D.J. 2002). (Attorney
represented a corporation in an action filed againstit by a corporate
officer and shareholder. The attorney received two extensions to
respond to the complaint but failed to file an answer. When the
attorney was contacted by the plaintiff's.representative he indicated
that he would discuss'the matterwith the corporation, but failed to do
so. The attorney's failure to respond to the complaint resulted in a
default judgment against the corporation. The corporation retained
new counsel and was able·to have the default judgment set aside, but
was ordered to pay the plaintiff's attorneys' fees. The attorney's
neglect and failure to communicate violated Colo. RPC 1.3 and Colo. (
Professionalism CLE (2004)