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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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

Comment - Rule 3.9

[1] In representation before bodies such as legislatures, municipal councils, and executive and administrative agencies acting in a rule-making or policy-making capacity, lawyers present facts, formulate issues and advance argument in the matters under consideration. The decision-making body, like a court, should be able to rely on the integrity of the submissions made to it. A lawyer appearing before such a body should deal with the tribunal honestly and in conformity with applicable rules of procedure.

[2] In all appearances before legislative bodies, municipal councils, administrative agencies, and the like, a lawyer should identify himself or herself and, if the lawyer is appearing in a representative capacity, indicate that fact. The lawyer should also disclose to the agency the identity of the client or clients on whose behalf the lawyer is appearing, unless the identity is privileged.

[3] Lawyers have no exclusive right to appear before nonadjudicative bodies, as they do before a court. The requirements of this Rule therefore may subject lawyers to regulations inapplicable to advocates who are not lawyers. However, legislatures and administrative agencies have a right to expect lawyers to deal with them as they deal with courts.

[4] This Rule does not apply to representation of a client in a negotiation or other bilateral transaction with a governmental agency; representation in such a transaction is governed by Rules 4.1 through 4.4.

Committee Comment

[5] This Rule takes some of the provisions that were in the Code and that applied to lawyers appearing before tribunals, such as DR 7-106(B)(1), and extends those provisions to apply equally in front of administrative or legislative bodies. The Committee approved this Rule reasoning that most of the provisions in this Rule are already embodied in EC 7-15, EC 7-16 and EC 7-8 and belong in a Rule. The comments to the Rule were expanded to include some language from EC 7-15 that helps explain a lawyer's obligations when appearing before administrative or legislative bodies.