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How Lawyers Should Approach Situations Posing Possible Conflicts of Interest-- Generally

This is the 10th and final of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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Imputed Conflicts of Interest

This is the ninth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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Client Consent to Conflicts of Interest

This is the eighth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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8136 Hits

Positional or "Issue" Conflicts

This is the seventh of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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6179 Hits

Conflicts With Former Clients

This is the sixth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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11258 Hits

Conflicts Between a Lawyer's Personal Interests and a Client's Interests

This is the fifth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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18877 Hits

Conflicts of Interest Among Clients

This is the fourth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm.

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6856 Hits

General Principles of Colorado's Conflict of Interest Rules

This is the third of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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3913 Hits

What is a Conflict of Interest and What Conflicts of Interest Really Matter

This attorney conflict of interest blog post is based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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Policy Considerations Behind The Conflict of Interest Rules

The rules regulating lawyers’ conflicts of interest arise out of a number of competing policy concerns. These policy concerns tacitly acknowledge that lawyers are human, and thus vulnerable to the human temptation to put one’s self-interest above another interest, when our job as lawyers is to put our client’s interest ahead of all others, including our own.

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2476 Hits

Did Your Lawyer Have A Conflict of Interest?

A series of articles explaining one of the more common legal malpractice claims

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2534 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 10)

Rule of the Road No. 10: A trial lawyer must treat clients with respect.

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 9)

Rule of the Road No. 9: A trial lawyer must take care of his or her physical and mental health.

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 8)

Rule of the Road No. 8: A trial lawyer must never “borrow” from a trust account.

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Colorado Supreme Court Upholds Litigant's Right to Obtain Discovery

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2013/13SC576.pdf

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1715 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 7)

Rule of the Road No. 7: A trial lawyer must maintain boundaries with clients.

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4323 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 6)

Rule of the Road No. 6: A trial lawyer must have written fee agreements.

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2071 Hits

10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 5)

Rule of the Road No. 5: A trial lawyer must disclose and resolve conflicts of interest, or withdraw.

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 4)

Rule of the Road No. 4: A trial lawyer must tell the client the truth.

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Colorado Supreme Court Hears Argument in Legal Finance Case

The Colorado Trial Lawyers Association filed an Amicus brief in the case Oasis Legal Finance Group, LLC v. Suthers, 2013SC497, to explain the policy implications of a decision regulating "contingent debt" transactions, the function of legal finance for injured low-income clients, and the role of attorney in those transactions.

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