CHAPTER 4 HOT TOPICS IN LEGAL ETHICS AND ATTORNEY REGULATION

• Jurisdiction: United States

Mine Closure, Financial Assurance, and Final Reclamation
(Nov 2009)
CHAPTER 4
HOT TOPICS IN LEGAL ETHICS AND ATTORNEY REGULATION
Alexander "Alec" R. Rothrock
Burns, Figa & Will, P.C.
Greenwood Village, Colorado

Alexander "Alec" R. Rothrock is a shareholder with the Greenwood Village, Colorado law firm of Burns, Figa & Will, P.C. He received a Bachelor of Arts degree in history from the University of Michigan at Ann Arbor in 1981 and a Juris Doctor degree from DePaul University College of Law in Chicago in 1984. Mr. Rothrock practices in the areas of legal ethics and the law of practicing law. Mr. Rothrock is the author of the book, Essays on Legal Ethics and Professional Conduct in Colorado (Continuing Legal Education of Colorado, Inc. 2003) and a former chair of the Colorado Bar Association Ethics Committee.

Mine Closure, Financial Assurance, and Final Reclamation Special Institute

November 5, 2009

Rocky Mountain Mineral Law Foundation

I. People v. Brennan, No. 08PDJ052 (Colo. October 29, 2009)(Decision and Order Imposing Sanctions)

• Intentionally disrupting a tribunal

• http://www.statebillnews.com/?p=1115

II. People v. Beecher, No. 07PDJ081 (Colo. February 3, 2009)(Opinion and Order Imposing Sanctions)

• Overzealous divorce representation compromised by intimate relationship with client

III. People v. Fisher, 202 P.2d 1866 (Colo. 2009)

A) Fisher arose out of representation of wife in divorce case

• Fully stayed six month suspension

• Very controversial decision sparking vigorous dissent

• Numerous rule violations in addition to Rule 1.8(a) for obtaining secured note from client for outstanding fees during representation

• Made no effort to comply with Rule 1.8(a)

• No separate writing referencing the terms of the loan

• No recommendation of independent counsel

• No

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