Court Business

• Publication year: 2004
• Pages: 135
• Citation: Vol. 33 No. 9 Pg. 135

33 Colo.Law. 135 Colorado Lawyer 2004.

2004, September, Pg. 135. Court Business

Vol. 33, No. 9, Pg. 135

The Colorado Lawyer
September 2004
Vol. 33, No. 9 [Page 135]

From the Courts
Court Business
Court Business

Colorado Supreme Court Rules Committee

Colorado Rules of Civil Procedure
Chapter 20. Colorado Rules of Procedure Regarding
Attorney Discipline and Disability Proceedings, Colorado Attorneys' Fund for Client Protection,
And Mandatory Continuing Legal Education and Judicial Education
Notice of Public Written Comment Regarding New Rule 260.8

Comments Due October 22, 2004

NOTICE OF PUBLIC WRITTEN COMMENT

The Colorado Supreme Court proposes to approve new Rule 260.8 - Direct Representation and Mentoring in Pro Bono Civil Legal Matters, and new Form 8 - Application for CLE Credit for Pro Bono Representation or Mentoring to the Rules of Procedure Regarding Attorney Discipline and Disability Proceedings Colorado Attorneys' Fund for Client Protection, and Mandatory Continuing Legal Education and Judicial Education Anyone wishing to comment on the new proposed rule and form may do so in writing by submitting an original and eight copies to: Clerk of the Colorado Supreme Court, Susan J Festag, 2 E. 14th Ave., Denver, CO 80203. Deadline is Friday, October 22, 2004, 5:00 p.m. If adopted by the Court, the Rule would become effective January 1, 2005.

By the Court:

Nancy E. Rice, Justice
Colorado Supreme Court

Colorado Rules of Civil Procedure
Chapter 20. Colorado Rules of Procedure Regarding
Attorney Discipline and Disability Proceedings, Colorado Attorneys' Fund for Client Protection,
And Mandatory Continuing Legal Education and Judicial Education
Rule 260.8. (New) Direct Representation
and Mentoring in Pro Bono Civil Legal Matters

(1) A lawyer may be awarded a maximum of nine (9) units of general credit during each three-year compliance period for providing uncompensated pro bono legal representation to an indigent or near-indigent client or clients in a civil legal matter, or mentoring another lawyer or a law student providing such representation.

(2) To be eligible for units of general credit, the civil pro bono legal matter in which a lawyer provides representation must have been assigned to the lawyer by: a court; a bar association or Access to Justice Committee-sponsored program; an organized non-profit entity, such as Colorado Legal Services and Metro Volunteer Lawyers, whose purpose is or includes the provision of pro bono representation to indigent or near-indigent persons in civil legal matters; or a law school. Prior to assigning the matter, the assigning court, program, entity, or law school shall determine that the client is financially eligible for pro bono legal representation because (a) the client qualifies for participation in programs funded by the Legal Services Corporation, or (b) the client's income and financial resources are slightly above the guidelines utilized by such programs, but the client nevertheless cannot afford counsel.

(3) Subject to the reporting and review requirements specified herein, (a) a lawyer providing uncompensated, pro bono legal representation shall receive one (1) unit of general credit for every five (5) billable-equivalent hours of representation provided to the indigent client; (b) a lawyer who acts as a mentor to another lawyer as specified in this Rule shall be awarded one (1) unit of general credit per completed matter; and (c) a lawyer who acts as a mentor to a law student shall be awarded two (2) units of general credit per completed matter. A lawyer will not be eligible to receive more than nine (9) units of general credit during any three-year compliance period via any combination of pro bono representation and mentoring.

(4) A lawyer wishing to receive general credit units under this Rule shall submit to the assigning court, program, or law school a completed Form 8. As to mentoring, the lawyer shall submit Form 8 only once, when the matter is fully completed. As to pro bono representation, if the representation will be concluded during a single three-year compliance period, then the lawyer shall complete and submit Form 8 only once, when the representation is fully completed. If the representation will continue into another three-year compliance period, then the applying lawyer may submit an interim Form 8 seeking such credit as the lawyer may be eligible to receive during the three-year compliance period that is coming to an end. Upon receipt of an interim or final Form 8, the assigning court, program, entity, or law school shall in turn report to the Board the number of general CLE units that it recommends be awarded to the reporting lawyer under the provisions of this Rule. It shall recommend an award of the full number of units for which the lawyer is eligible under the provisions of this Rule, unless it determines after review that such an award is not appropriate due to the lawyer's lack of diligence or competence, in which case it shall recommend awarding less than the full number of units or no units. An outcome in the matter adverse to the client's objectives or interests shall not result in any presumption that the lawyer's representation or mentoring was not diligent or competent. The Board shall have final authority to issue or decline to issue units of credit to the lawyer providing representation or mentoring, subject to the other provisions of these Rules and Regulations, including without limitation the hearing provisions of Regulation 108.

(5) A lawyer who acts as a mentor to another lawyer providing representation shall be available to the lawyer providing representation for information and advice on all aspects of the legal matter, but will not be required to file or otherwise enter an appearance on behalf of the indigent client in any court. Mentors shall not be members of the same firm or in association with the lawyer providing representation to the indigent client.

(6) A lawyer who acts as a mentor to a law student who is eligible to practice law under CRS §§ 12-1-116 to -116.5 shall be assigned to the law student at the time of the assignment of the legal matter with the consent of the mentor, the law student, and the law school. The matter shall be assigned to the law student by a court, a program or entity as described in Rule 260.8(2), or an organized student law office program administered by his or her law school, after such court, program, entity, or student law office determines that the client is eligible for pro bono representation in accordance Rule 260.8(2). The mentor shall be available to the law student for information and advice on all aspects of the matter, and shall directly and actively supervise the law student while allowing the law student to provide representation to the client. The mentor shall file or enter an appearance along with the law student in any legal matter pursued or defended for the client in any court. Mentors may be acting as full-time or adjunct professors at the law student's law school at the same time they serve as mentors, so long as it is not a primary, paid responsibility of that professor to administer the student law office and supervise its law-student participants.

(7) This Rule 260.8 shall expire on _____________, 20___ [five years from Rule's adoption], unless extended by the Colorado Supreme Court.

Form 8 - Application for CLE Credit for
Pro Bono Representation or Mentoring
Instructions

1. The lawyer who performed the representation or mentoring must complete Part I of this form, and then provide the original to the assigning court, program, entity, or law school.

2. The assigning court, program, entity, or law school must complete Part II of this form, and then submit the original to the Colorado Board of Continuing Legal and Judicial Education, 600 17th St., Suite 520-S, Denver, CO 80202-5451.

Report by Attorney Providing Pro Bono Representation or Mentoring Pursuant to C.R.Civ.P. 260.8.

Type of Report:

This is an  Interim or a  Final Application for credit, in accordance with the provisions of C.R.Civ.P. 260.8(4).

Case Information:

Attorney: _____________________________________________________________________________________

Client: _____________________________________________________________________________________

Name of Mentee Lawyer/Law Student (if applicable): _________________________________________________________________

Assigning Court, Program, Entity, or Law School (C.R.Civ.P. 260.8(2)): __________________________________________________

Type of Case (check major category):

Family law - Divorce Consumer contracts or debt Immigration Tax

Family law - Post-Decree matters Estate planning Landlord-tenant Tort defense

Bankruptcy Guardianship/conservatorship Probate Real estate

Other (explain) ________________________

Check Major Reason Case Closed (Complete Only if This is a Final Report):

Counsel and advice Change in client's financial eligibility Insufficient merit to proceed

Brief service Negotiated settlement without legal action Administrative agency decision

Referred after legal assessment Negotiated settlement with legal action Court decision

Client did not respond or otherwise withdrew Other (explain) ______________________________________________

Brief Summary of Case Status (Interim Report) or Disposition (Final Report):

_____________________________________________________________________________________

_____________________________________________________________________________________

Total Billable-Equivalent Pro...