1 / 11

Best Practices

Best Practices. Judge Daniel M. Taubman , Colorado Court of Appeals. Colorado’s Unbundling Road Show. What Did We Do?. What Is Our Goal? . Educating lawyers, judges, and self-represented litigant coordinators about Ethical rules about unbundling, especially Rule 1.2(c)

megara
Download Presentation

Best Practices

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Best Practices Judge Daniel M. Taubman, Colorado Court of Appeals

  2. Colorado’s Unbundling Road Show What Did We Do?

  3. What Is Our Goal? • Educating lawyers, judges, and self-represented litigant coordinators about • Ethical rules about unbundling, especially Rule 1.2(c) • Practical aspects of unbundling

  4. How Did We Do It? • Lunchtime or afternoon presentations around the state, at the invitation of local bars, specialty bars, local access to justice committees & chief judges • Presenters include • A judge to discuss ethical and procedural rules • One or more lawyers – often including local lawyer – to discuss practical aspects of unbundling

  5. What Rules Did We Address? • Ethical rules, primarily Rule 1.2(c) • Ghostwriting rule, C.R.C.P. 11(b) • Automatic entry and withdrawal, C.R.C.P. 121-1(5) and related court forms • Appellate rule on unbundling, C.A.R. 5(e)

  6. What Practical Issues Did We Address? • Need for written retainer agreement • Need to modify written retainer agreement when scope changes or increases • What types of cases and issues are appropriate for unbundling • What types of clients are best for unbundling • Practical issues judges and court staff should consider regarding unbundling • How courts can support unbundling

  7. What Types of Unbundling Did We Address? • Limited appearances in court • Ghostwriting • Limited discrete tasks, such as legal advice, document review & drafting correspondence

  8. How Did We Do the Presentations? • PowerPoint presentations • Ethical and procedural rules • Practical aspects of unbundling • What judges need to know about unbundling • Colorado Bar Association booklet, Practical and Ethical Considerations to Integrating Unbundled Legal Services (now in 4th Edition) • Unbundling outline • Formal Ethics opinion • Court forms • Sample retainer agreements

  9. How Many Presentations & Attendees? • Approximately 35 presentations in all parts of the state • Multiple presentations in some locations • To date, some 750 attendees, including lawyers, state and federal judges, self-represented litigant coordinators • Special presentations for judges, including at state judicial conference, and for federal judges & magistrates

  10. What Has Been the Result? • More lawyers use unbundling as part of their practice • Judges educated about unbundling • New comprehensive formal ethics opinion approved by CBA Ethics Committee in 2016

  11. What Have Been the Keys to Success? • Support of Colorado Supreme Court • Encouragement by former Supreme Court Justice Greg Hobbs • Court’s willingness to add rules to facilitate unbundling • Attendance by local judges at presentations for lawyers • Presentations by lawyers, including local lawyers, who share their experiences about unbundling

More Related