1972, November, Pg. 14. ETHCS.

2 Colo.Law. 14

Colorado Lawyer

1972.

1972, November, Pg. 14.

ETHCS

14Vol. 2, No. 1, Pg. 14ETHCSOpinions of the Ethics Committee of the Colorado Bar Association are published here for the information of the members of the Association. Formal opinions are given on matters of general and continuing interest to the Bar. Informal opinions are given in response to specific inquiry.Informal Opinion: 12-8-71Topic:Representation of suspended attorney's clients; fees.

Digest: A suspended attorney still owes certain obligations to his former clients; an attorney suspended from the practice of law may be compensated only for work performed and advances made prior to suspension.

QuestionWhat are some of the ethical considerations involved in entering an appearance as counsel of record on matters previously handled by an attorney who has been suspended from the practice of law?

OpinionFirst, an attorney must satisfy himself that the change of attorneys is with the express consent and agreement of the clients involved. This may well require a meeting with the clients prior to the change of attorneys.

Secondly, we believe that the suspended attorney has an obligation to his former clients to assist a new attorney in becoming familiar with the particular files, and he should disclose whatever information he may have concerning those matters. Any time spent by the suspended attorney in this connection would not be subject to compensation as set forth below.

Thirdly, on the assumption that the suspension of the attorney had nothing to do with the pending matters which the new attorney would be assuming, we see no reason why the new attorney should be under any ethical limitation of such a nature so as to prevent him from seeing that the suspended attorney is compensated for the work performed prior to the date of suspension on the matters and that...