Colorado

Civil Procedure

Civil Procedure

Rule 204.6 – Pro Bono Counsel Certification

(1) General Statement and Eligibility. In its discretion, the Supreme Court may certify attorneys not otherwise authorized to practice law in Colorado to provide pro bono legal services under the auspices of an entity described in C.R.C.P. 250.8(2), in accordance with Colo. RPC 6.1.

(a) To act in such a capacity, the applicant for pro bono counsel certification must be either:

(i) An attorney, including a retired attorney, admitted to practice law in Colorado who:

(A) Is now on inactive status;
(B) Is a member in good standing of the bar of all courts and jurisdictions in which he or she has been admitted to practice;
(C) Has no pending formal disciplinary or disability proceeding; and
(D) Limits his or her practice to acting as pro bono counsel as set forth in this rule and, notwithstanding the reduced fee provisions of Colo. RPC 6.1(b), will not receive or expect compensation or other direct or indirect pecuniary gain for the legal services rendered; or
(ii) An out-of-state attorney domiciled in Colorado but not admitted to practice law in Colorado who:

(A) Is licensed to practice law and is on active, inactive, or equivalent status in another jurisdiction in the United States;
(B) Is a member in good standing of the bar of all courts and jurisdictions in which he or she is admitted to practice;
(C) Has no pending formal disciplinary or disability proceeding;
(D) Agrees to be subject to the Colorado Rules of Professional Conduct and the Rules of Procedure Regarding Attorney Discipline and Disability Proceedings; and
(E) Limits his or her practice to acting as pro bono counsel as set forth in this rule and, notwithstanding the reduced fee provisions of Colo. RPC 6.1(b), will not receive or expect compensation or other direct or indirect pecuniary gain for the legal services rendered.
(b) This rule shall not preclude a nonprofit entity from receiving court-awarded attorney fees for representation provided by a certified pro bono counsel and shall not preclude a certified pro bono counsel from receiving reimbursement for otherwise recoverable costs, but not including fees, incurred in representing a pro bono client.
(2) Filing Requirements. An applicant under this rule shall file an application for pro bono counsel certification. The applicant shall pay a fee in an amount fixed by the Supreme Court. The fee must be paid when the application is submitted. The fee shall be made payable to the Clerk of the Supreme Court. The application shall include a certification that the applicant agrees to the provisions of subsection (1)(a) above.
(3) Scope of Authority. An attorney certified under this rule has the authority to act as pro bono counsel for clients as defined in section (1) of this rule. The attorney may not act as counsel for a client until certified under this rule.
(4) Discipline and Disability Jurisdiction. An attorney certified under this rule is subject to the Colorado Rules of Professional Conduct; C.R.C.P. 251.1 et seq. (Rules of Procedure Regarding Attorney Discipline and Disability Proceedings); and C.R.C.P. 210 (Revocation of License). In addition to the forms of discipline contained in C.R.C.P. 251.6, the attorney may also be enjoined from further practice of law in Colorado.
(5) Termination of Certification. Certification under this rule shall automatically terminate when:

(a) The attorney fails to file the registration statement or pay the registration fee described in section (6) of this rule;
(b) The attorney is disciplinarily suspended or disbarred or placed on disability inactive status in any jurisdiction, court, or agency before which the attorney is admitted; or
(c) The attorney is suspended in any jurisdiction for failure to pay child support or failure to cooperate in a disciplinary matter.

The attorney shall notify in writing the Clerk of the Supreme Court Office of Attorney Registration of any change of status described in this section (5) within twenty-eight days of such change.

(6) Registration and Fees.

(a) An attorney certified under this rule shall not be required to pay an annual registration fee if the attorney has provided pro bono legal services under this rule within the prior twelve-month period. In order to be exempt from paying an annual registration fee, the attorney shall file a registration statement on or before February 28, identifying the entity or entities, as described in section (1) of this rule, for which the attorney has volunteered in the prior twelve-month period.
(b) An attorney certified under this rule who has not provided pro bono legal services under this rule within the prior twelve-month period is not required to file the registration statement described in subsection (a) above, but the attorney must pay the registration fee that was applicable in the prior calendar year for registered inactive attorneys pursuant to C.R.C.P. 227(A). By paying that fee, the attorney may remain a certified pro bono counsel under this rule.
(c) Failure of an attorney certified under this rule to file a registration statement or pay the prior year’s inactive attorney registration fee by February 28 of each year shall result in automatic termination of status as certified pro bono counsel and may result in suspension of the attorney’s Colorado license, if applicable.
(d) All fees collected by the Office of Attorney Registration under this rule shall be used to fund the Attorney Regulation system.
(7) Certification Number. An attorney certified under this rule shall be assigned a certification number, which shall be used to identify that attorney’s certification status in Colorado. Whenever an initial pleading is signed by an attorney authorized under this rule, it shall also include the attorney’s certification number. Whenever an initial appearance is made in court without a written pleading, the attorney shall advise the court of the attorney’s certification number. The number need not be on any subsequent pleadings unless otherwise required by rule of court or practice.
(8) Change of Attorney Status. If a Colorado attorney certified under this rule subsequently changes his or her status to active, that attorney’s pro bono counsel certification shall be terminated. If an out-of-state attorney certified under this rule is subsequently admitted to the practice of law in Colorado, that attorney’s pro bono counsel certification shall be superseded by the Colorado license to practice law.
(9) Professionalism Course; Continuing Legal Education. All attorneys certified under this rule are exempt from taking the professionalism course described in C.R.C.P. 203.1(8) and are exempt from the continuing legal education requirements under C.R.C.P. 250.

C.R.C.P. 204.6

Source: Entire rule added and effective September 1, 2014; amended and adopted January 24, 2019, effective January 24, 2019.

Annotation Law reviews. For article, “New Rule Allows Retired and Inactive Lawyers to Provide Pro Bono Legal Services”, see 36 Colo. Law. 75 (September 2007).