Rule 1.2

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Client with Diminished Capacity

Clients Illegal Activity: Colorado Bar Admonishes “Willful Blindness” But Departs from ABA Op. 491 “Should Know” Standard

Counseling Clients and Illegal Activity Under Rule 1.2          On July 10, 2021, the Colorado Bar Association Ethics Committee released a new opinion regarding Colorado Rule of Professional Conduct 1.2(d), analyzing a lawyer’s duty to inquire about a client’s illegal activity. Under 1.2(d), which sets a similar standard to Model Rule 1.2(d), lawyers “shall not ...
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