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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Colorado Legal Ethics

1.9   Rule 1.9 Conflict of Interest: Former Client

1.9:100   Comparative Analysis of Colorado Rule

Primary Colorado References: CO Rule 1.9
Background References: ABA Model Rule 1.9, Other Jurisdictions
Commentary:

1.9:101      Model Rule Comparison

Colo.RPC 1.9 and its Comment are identical to the Model Rule and its Comment.

1.9:102      Model Code Comparison

There was no counterpart to Colo.RPC 1.9 in the Model Code. Representation adverse to a former client sometimes was addressed under the "appearance of impropriety standard" of Canon 9, and under Canon 5, which stated that "[a] lawyer should exercise independent professional judgment on behalf of a client." EC 4-6 stated that the "obligation of a lawyer to preserve the confidences and secrets of his client continues after the termination of his employment."

The standard for waiver that appears in Colo.RPC 1.9(b) is similar to the Code's standard for waiver in the representation of multiple clients, which appeared in DR 5-105(C).

The exception in the last clause of Colo.RPC 1.9(c)(1), which permits a lawyer to use information relating to a former client that "has become generally known," is consistent with Canon 4, which required the lawyer to preserve only "confidences and secrets" of a client, rather than all information relating to the representation. See also DR 4-101(A) (defining "confidence" and "secret").

1.9:200   Representation Adverse to Interest of Former Client--In General

Primary Colorado References: CO Rule 1.9(a)
Background References: ABA Model Rule 1.9(a), Other Jurisdictions
Commentary: ABA/BNA 51:201, ALI-LGL 213, Wolfram 7.4

[The discussion of this topic has not yet been written.]

1.9:210      "Substantial Relationship" Test

[The discussion of this topic has not yet been written.]

1.9:220      Material Adversity of Interest

[The discussion of this topic has not yet been written.]

1.9:230      Relevance of "Appearance of Impropriety" Standard [see also 1.7:230]

[The discussion of this topic has not yet been written.]

1.9:300   Client of Lawyer's Former Firm

Primary Colorado References: CO Rule 1.9(b)
Background References: ABA Model Rule 1.9(b), Other Jurisdictions
Commentary: ABA/BNA 51:2001, ALI-LGL 203, 204, 214, Wolfram 7.6

[The discussion of this topic has not yet been written.]

1.9:310      Removing Imputed Conflict of Migratory Lawyer

[The discussion of this topic has not yet been written.]

1.9:320      Former Government Lawyer or Officer [see 1.11:200]

[The discussion of this topic has not yet been written.]

1.9:400   Use or Disclosure of Former Client's Confidences

Primary Colorado References: CO Rule 1.9(c)
Background References: ABA Model Rule 1.9(c), Other Jurisdictions
Commentary: ABA/BNA 55:501-55:2001, ALI-LGL 213, Wolfram 6.7 and 7.4

[The discussion of this topic has not yet been written.]