1976, August, Pg. 1086. Lawyer Advertising: Colorado's Proposed Amendments.

• Author: by Charles E. Painter

5 Colo.Law. 1086

Colorado Lawyer

1976.

1976, August, Pg. 1086.

Lawyer Advertising: Colorado's Proposed Amendments

1086Vol. 5, No. 8, Pg. 1086Lawyer Advertising: Colorado's Proposed Amendmentsby Charles E. PainterCharles E. Painter, Colorado Springs, is the Chairman of the Ethics Committee of the Colorado Bar Association. 1087INTRODUCTION

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility issued a Discussion Draft of proposed amendments to the Code of Professional Responsibility on December 6, 1975. The effect of these amendments would have been to remove almost all restrictions against advertising in any form by attorneys as long as they did not publicize misleading or false information. The style and context of advertising would have been limited only by the ingenuity of the attorneys. A reproduction of the Discussion Draft appeared in the January 1976 Colorado Lawyer commencing at page 29. The ABA requested input from state bar associations regarding the Discussion Draft so that action could be taken on the proposal at the mid-winter meeting in Philadelphia on February 17, 1976.

The Ethics Committee of the Colorado Bar Association (CBA) was assigned the responsibility of analyzing the Discussion Draft and making recommendations to the Board of Governors of the CBA as to the position Colorado should take with respect to advertising. After extensive analysis, debate and consultation with both individual attorneys and local bar associations, the Ethics Committee recommended to the Board of Governors that some kind of publication regarding limitation of practice with no claim of associated expertise and the disclosure of fees to be charged would be advisable. Because of the magnitude and complexity of the advertising issue, the Ethics Committee requested additional time for review and analysis before making further recommendations to the Board of Governors. For this reason, the Committee recommended that the CBA Delegates to the ABA House of Delegates oppose adoption of the Discussion Draft in the proposed form.

The ABA House of Delegates adopted amendments to Canon 2 of the Code of Professional Responsibility on February 17, 1976. A copy of these amendments appeared in the April 1976 Colorado Lawyer commencing on page 503. These amendments permitted attorneys to include a...