Amendments to Colorado Rule of Professional Conduct 6.5
On September 10, 2026, and effective October 1, 2026, the Colorado Supreme Court amended Colo. RPC 6.5 Nonprofit and Court-Annexed Limited Legal Services Programs. Prior to the amendment, Rule 6.5 focused on the different conflict-checking provisions that apply in a clinic setting or similar context featuring short-term limited legal services in nonprofit or court sponsored programs. The amended rule clarifies how other professional conduct rules apply to lawyers participating in such programs to provide services. One key change was made to Comment 2 to describe how lawyers can work with such programs to ensure members of the public receiving such services give informed consent to the limited scope representation as required by Colo. RPC 1.2(c). Colo. RPC 6.5 also has a model policy for programs to consider in training volunteers.
ABA Formal Opinion 525
On September 2, 2026, the ABA Standing Committee on Ethics and Professional Responsibility issued ABA Formal Ethics Opinion 525 Client With Decision-Making Limitations. The Opinion closely examines the recently amended Model Rule 1.14 now titled “Client with Decision-Making Limitations”. The Rule was substantially revised to reflect the more modern understanding that clients with decision-making limitations can and should be allowed to make decisions whenever possible. P. 1. The Opinion considers the following concepts in this new framework: assessing the client’s capacity; representing the client with decision-making limitations; maintaining confidentiality; protective action: taking the least restrictive measures under the circumstances; the lawyer may seek a guardian for the client but may not represent another in doing so; representing a guardian; and withdrawal from representation of the client with decision-making limitations. Colorado has not yet adopted the Model Rule amendments. The Colorado practitioner may still find the guidance in Opinion 525 helpful in understanding the current approach to working with clients who have decision-making limitations. Opinion 525
SMS Messaging from the Office of Attorney Registration
We recognize that for many practitioners the most convenient way we can communicate with you is via text on your smartphone (SMS Messaging). You may have received a message this week reminding you of the upcoming registration cycle. During this past registration cycle, you were given an opt-in choice as to whether to provide a cell phone number to receive text messages from the Office of Attorney Registration. You can opt-in during the registration cycle that starts in December or by updating your contact information with our office.
National Lawyer Well-Being Study Documents Ongoing Concerns
A study about lawyer well-being was just updated with recent survey data – including from Colorado lawyers. Nationally, lawyers reported significant mental health concerns – as well as substance use concerns – at levels that warrant a serious examination by leaders across legal sectors. The study took on the issue of “burnout,” correlating with increased working hours per week, for the first time in a lawyer well-being study. The American Bar Association published a summary press release, and the study by Patrick R. Krill and Justin J. Anker can be reviewed in the Journal of Affective Disorders.
Lawyers and LLPs should keep in mind excellent well-being resources available to Colorado’s legal community:
The Colorado Lawyer Assistance Program (COLAP)
COLAP is the free, confidential, and independent well-being program for Colorado’s legal community. For more information, contact COLAP at 303-986-3345, [email protected], or visit www.coloradolap.org.
Colorado Office of Attorney Professional Excellence (APEX)
The Colorado Well-Being Recognition Program for Legal Employers supports Colorado’s legal professionals in building real well-being strategies into their organizational culture. Learn how to participate at http://www.coloradoattorneyexcellence.org/
Colorado Lawyers Helping Lawyers
Colorado Lawyers Helping Lawyers is a lawyer-to-lawyer peer support program supported by the CBA and is available to all lawyers, judges, law school students, and graduates experiencing alcohol, substance abuse, and mental health issues.
Volunteer Openings for Committees
The attorney and LLP regulatory system has a number of committees with various oversight responsibilities. Applications are being accepted for a number of volunteer openings for terms starting January 1, 2027. The Supreme Court Advisory Committee on the Practice of Law reviews applications from Colorado-based lawyers, LLPs, and individuals who are not licensed to practice law, and makes recommendations to the Supreme Court for committee appointments.
Current or upcoming openings include:
- The Supreme Court’s Law Committee, Board of Law Examiners, which works with graders to facilitate the grading of the bar exam and makes policy recommendations to the Court pertaining to the exam, including the transition to the NextGen Uniform Bar Exam, and passing score recommendations. Pursuant to C.R.C.P. 202.3, committee members must be attorneys.
- The Supreme Court’s Character and Fitness Committee of the Board of Law Examiners, which is charged with enforcing the character and fitness standards set forth in C.R.C.P. 208 in the review of applications for admission to practice law in Colorado.
- The Supreme Court’s Continuing Legal and Judicial Education Committee, which reviews proposed administrative suspensions due to CLE non-compliance, participates in hearings relating to CLE non-compliance, and considers rule and regulation changes applicable to mandatory CLE in Colorado.
The on-line committee application for these opportunities is here.
GOING SOLO…WITH A COMMUNITY
Becoming a solo practitioner does not mean you have to embark on this journey alone. Legal Entrepreneurs for Justice (LEJ) was created to assist practitioners in developing their own practice on their terms. In this article, Ryann Peyton, Executive Director of the Colorado Office of Attorney Professional Excellence (APEX), explains how LEJ can support you as a solo practitioner. Note the October 31, 2026 deadline to apply for the 2027 LEJ Cohort.
