Chapter 1 - § 1.4 ADDITIONAL ETHICAL CONSIDERATIONS

• Jurisdiction: Colorado

§ 1.4 Additional Ethical Considerations

§ 1.4.1 Ghost-Writing

"Ghost-writing," or drafting pleadings for a pro se party's signature, is prohibited for Colorado attorneys, except in limited circumstances.⁹⁷ The obvious policy reason behind this is that the courts need to be able to hold the attorney responsible for drafting and filing a pleading under C.R.C.P. 11.

In certain circumstances, an attorney may provide limited representation to a pro se party involved in litigation, such as assistance drafting pleadings, without entering an appearance in the case.⁹⁸ Any such pleadings or papers that the attorney helps draft must contain the assisting attorney's name, address, telephone number, and registration number.⁹⁹ Additionally, an attorney rendering such assistance must advise the pro se party that the pleading or other paper must contain a certification by the attorney that:

to the best of the attorney's knowledge, information and belief, this pleading or paper is (1) well-grounded in fact based upon a reasonable inquiry of the pro se party by the attorney, (2) is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, and (3) is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.¹⁰⁰

An attorney in these circumstances "may rely on the pro se party's representation of facts, unless the attorney has reason to believe that such representations are false or materially insufficient, in which instance the attorney shall make an independent reasonable inquiry into the facts."¹⁰¹

If an attorney helps a pro se party by filling out pre-printed and electronically published forms that are issued through the judicial branch for use in court, the certification and attorney name disclosure requirements of Rules 11(b) and 311(b) do not apply. Because this assistance does not constitute an entry of appearance by the assisting attorney, it also does not entitle the attorney to receive service of any papers in the lawsuit.¹⁰²

§ 1.4.2 Pretrial Publicity

In their outrage over the claims their clients have, lawyers sometimes are tempted to "try their cases" in the press. Lawyers who are participating in or who have participated in an action must be cautious about such tactics. The Colorado Rules of Professional Conduct specifically prohibit attorneys from making extrajudicial statements regarding the investigation or litigation of a...