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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)

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Best Practices

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  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

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