RULE 5.5 MJP/UPL CURRENT
(a) A lawyer shall not:
(1) practice law in this jurisdiction without a license to practice law issued by the Colorado Supreme Court unless specifically authorized by C.R.C.P. 204 or C.R.C.P. 205 or federal or tribal law;
(2) practice law in a jurisdiction where doing so violates the regulations of the legal profession in that jurisdiction;
(3) assist a person who is not authorized to practice law pursuant to subpart (a) of this Rule in the performance of any activity that constitutes the unauthorized practice of law; or
(4) allow the name of a disbarred lawyer or a suspended lawyer who must petition for reinstatement to remain in the firm name.
(b) A lawyer shall not employ, associate professionally with, allow or aid a person the lawyer knows or reasonably should know is a disbarred, suspended, or on disability inactive status to perform the following on behalf of the lawyer's client:
(1) render legal consultation or advice to the client;
(2) appear on behalf of a client in any hearing or proceeding or before any judicial officer, arbitrator, mediator, court, public agency, referee, magistrate, commissioner, or hearing officer;
(3) appear on behalf of a client at a deposition or other discovery matter;
(4) negotiate or transact any matter for or on behalf of the client with third parties;
(5) otherwise engage in activities that constitute the practice of law; or
(6) receive, disburse or otherwise handle client funds.
(c) Subject to the limitation set forth below in paragraph (d), a lawyer may employ, associate professionally with, allow or aid a lawyer who is disbarred, suspended (whose suspension is partially or fully served), or on disability inactive status to perform research, drafting or clerical activities, including but not limited to:
(1) legal work of a preparatory nature, such as legal research, the assemblage of data and other necessary information, drafting of pleadings, briefs, and other similar documents;
(2) direct communication with the client or third parties regarding matters such as scheduling, billing, updates, confirmation of receipt or sending of correspondence and messages; and
(3) accompanying an active member in attending a deposition or other discovery matter for the limited purpose of providing assistance to the lawyer who will appear as the representative of the client.
(d) A lawyer shall not allow a person the lawyer knows or reasonably should know is disbarred, suspended, or on disability inactive status to have any professional contact with clients of the lawyer or of the lawyer's firm unless the lawyer:
(1) prior to the commencement of the work, gives written notice to the client for whom the work will be performed that the disbarred or suspended lawyer, or the lawyer on disability inactive status, may not practice law; and
(2) retains written notification for no less than two years following completion of the work.
(e) Once notice is given pursuant to C.R.C.P. 251.28 or this Rule, then no additional notice is required.
Comments to Rule 5.5
IN-HOUSE COUNSEL RULE
Colorado in-house counsel practice is governed by Rule 204.1(1).
Rule 204.1. Single-Client Counsel Certification.
(1) General Statement and Eligibility. In its discretion, the Supreme Court may certify an attorney who is not licensed to practice law in Colorado, but who declares domicile in Colorado, to act as counsel for a single client if all of the following conditions are met:
(a) The attorney is licensed to practice law and is on active status in another jurisdiction in the United States;
(b) The attorney is a member in good standing of the bar of all courts and jurisdictions in which he or she is admitted to practice;
(c) The attorney is not currently subject to an order of attorney discipline or the subject of a pending formal disciplinary or disability matter in any jurisdiction;
(d) The attorney possesses the character and fitness required of all applicants for admission to the practice of law in Colorado as set forth in C.R.C.P. 208; and
(e) The attorney's practice of law is limited to acting as counsel for such single client (which may include a business entity or an organization and its organizational affiliates).
The attorney shall notify the Clerk of the Supreme Court Office of Attorney Registration within twenty-eight days of any changed circumstance, including those listed in section (6) of this rule, that result in any of the conditions listed in this section no longer being met. An attorney who acts as a public employee or public official shall not be eligible for certification under this rule.
(2) Filing Requirements. An applicant under this rule shall file an application for single-client counsel certification. The applicant shall pay a fee in an amount fixed by the Supreme Court. The fee must be paid when the application is submitted. The application and fee shall be collected by the Office of Attorney Registration. The fee shall be made payable to the Clerk of the Supreme Court. The application shall include all of the following:
(a) A certification that the attorney's practice is limited to representation of the single client;
(b) A certification that the attorney has advised the single client that the attorney is not a licensed Colorado attorney;
(c) A certification by the client that the client is aware the attorney is not a licensed Colorado attorney and that the attorney will be exclusively employed by that client; and
(d) A certificate of good standing from all courts and jurisdictions in which the attorney is admitted to practice.
(3) Scope of Authority. An attorney certified under this rule has the authority to act on behalf of the single client for all purposes as if licensed in Colorado. The attorney may not act as counsel for the client until certified under this rule. Certification under this rule shall be solely for so long as the attorney engages in such limited practice on behalf of such single client.
(4) Pro Bono Practice. Notwithstanding the provisions of subsection (1)(e) above, an attorney certified under this rule may provide pro bono legal services under the auspices of an entity described in C.R.C.P. 250.9(2), in accordance with Colo. RPC 6.1.
(5) Discipline and Disability Jurisdiction. An attorney certified under this rule is subject to the Colorado Rules of Professional Conduct and C.R.C.P. 251.1 et seq. (Rules of Procedure Regarding Attorney Discipline and Disability Proceedings). In addition to the forms of discipline contained in C.R.C.P. 251.6, the attorney may also be enjoined from further practice of law in Colorado.
(6) Termination of Certification. Certification under this rule shall automatically terminate when the attorney:
(a) Ceases to be engaged in such limited practice on behalf of such client;
(b) Is disciplinarily suspended or disbarred or placed on disability inactive status in any jurisdiction, court, or agency before which the attorney is admitted;
(c) Is suspended in any jurisdiction for failure to pay child support or failure to cooperate in a disciplinary matter; or
(d) Fails to maintain active status in at least one jurisdiction where fully licensed.
The attorney shall notify in writing the Clerk of the Supreme Court Office of Attorney Registration of any change of status described in this section (6) within twenty-eight days of such change.
(7) Registration, Fees, and Continuing Legal Education. An attorney certified under this rule must pay annual registration fees and comply with all other provisions of C.R.C.P. 227, as well as the mandatory legal education requirements of C.R.C.P. 250.
(8) Registration Number. An attorney certified under this rule shall be assigned a registration number, which shall be used to identify that attorney's certification status in Colorado in accordance with applicable rules of procedure.
(9) Subsequent Attorney Admission. If an attorney certified under this rule is subsequently admitted to the practice of law in Colorado, that attorney's single-client certification shall be superseded by the Colorado license to practice law.
(10)Professionalism Course. All attorneys certified under this rule must complete the course on professionalism as described in C.R.C.P. 203.1(8), within six months following certification.
PRO HAC VICE
An out of state attorney as defined by Rule 205.1 may be permitted to appear on a particular matter in any state court of record by meeting certain requirements pursuant to Rule 205.3. For more information, please see the pro hac vice Page.
ADMISSION ON MOTION
Pursuant to Colorado Rule of Civil Procedure 203.2, Applicants must have been admitted to practice law in another U.S. jurisdiction that allows admission without examination to Colorado attorneys, actively and substantially practiced law for at least three of five years immediately preceding application, establish good standing in jurisdictions where admitted, and submit an on-motion application. For further information please see the Colorado Supreme Court Page.
Colorado Bar Association
1290 Broadway, Suite 1700
Denver, CO 80203
Phone (303) 860-1115
Colorado Supreme Court Board of Law Examiners
Last Updated on 5 January 2021.