Colorado

Civil Procedure

Civil Procedure

Rule 204.1 – Single-Client Counsel Certification

(1) General Statement and Eligibility. In its discretion, the Supreme Court may certify an attorney who is not licensed to practice law in Colorado, but who declares domicile in Colorado, to act as counsel for a single client if all of the following conditions are met:

(a) The attorney is licensed to practice law and is on active status in another jurisdiction in the United States;
(b) The attorney is a member in good standing of the bar of all courts and jurisdictions in which he or she is admitted to practice;
(c) The attorney is not currently subject to an order of attorney discipline or the subject of a pending formal disciplinary or disability matter in any jurisdiction;
(d) The attorney possesses the character and fitness required of all applicants for admission to the practice of law in Colorado as set forth in C.R.C.P. 208; and
(e) The attorney’s practice of law is limited to acting as counsel for such single client (which may include a business entity or an organization and its organizational affiliates).

The attorney shall notify the Clerk of the Supreme Court Office of Attorney Registration within twenty-eight days of any changed circumstance, including those listed in section (6) of this rule, that result in any of the conditions listed in this section no longer being met. An attorney who acts as a public employee or public official shall not be eligible for certification under this rule.

(2) Filing Requirements. An applicant under this rule shall file an application for single-client 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 application and fee shall be collected by the Office of Attorney Registration. The fee shall be made payable to the Clerk of the Supreme Court. The application shall include all of the following:

(a) A certification that the attorney’s practice is limited to representation of the single client;
(b) A certification that the attorney has advised the single client that the attorney is not a licensed Colorado attorney;
(c) A certification by the client that the client is aware the attorney is not a licensed Colorado attorney and that the attorney will be exclusively employed by that client; and
(d) A certificate of good standing from all courts and jurisdictions in which the attorney is admitted to practice.
(3) Scope of Authority. An attorney certified under this rule has the authority to act on behalf of the single client for all purposes as if licensed in Colorado. The attorney may not act as counsel for the client until certified under this rule. Certification under this rule shall be solely for so long as the attorney engages in such limited practice on behalf of such single client.
(4) Pro Bono Practice. Notwithstanding the provisions of subsection (1)(e) above, an attorney certified under this rule may provide pro bono legal services under the auspices of an entity described in C.R.C.P. 250.9(2), in accordance with Colo. RPC 6.1.
(5) Discipline and Disability Jurisdiction. An attorney certified under this rule is subject to the Colorado Rules of Professional Conduct and C.R.C.P. 251.1 et seq. (Rules of Procedure Regarding Attorney Discipline and Disability Proceedings). 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.
(6) Termination of Certification. Certification under this rule shall automatically terminate when the attorney:

(a) Ceases to be engaged in such limited practice on behalf of such client;
(b) Is disciplinarily suspended or disbarred or placed on disability inactive status in any jurisdiction, court, or agency before which the attorney is admitted;
(c) Is suspended in any jurisdiction for failure to pay child support or failure to cooperate in a disciplinary matter; or
(d) Fails to maintain active status in at least one jurisdiction where fully licensed.

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 (6) within twenty-eight days of such change.

(7) Registration, Fees, and Continuing Legal Education. An attorney certified under this rule must pay annual registration fees and comply with all other provisions of C.R.C.P. 227, as well as the mandatory legal education requirements of C.R.C.P. 250.
(8) Registration Number. An attorney certified under this rule shall be assigned a registration number, which shall be used to identify that attorney’s certification status in Colorado in accordance with applicable rules of procedure.
(9) Subsequent Attorney Admission. If an attorney certified under this rule is subsequently admitted to the practice of law in Colorado, that attorney’s single-client certification shall be superseded by the Colorado license to practice law.
(10)Professionalism Course. All attorneys certified under this rule must complete the course on professionalism as described in C.R.C.P. 203.1(8), within six months following certification.

C.R.C.P. 204.1

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

Annotation Law reviews. For article, “Colorado Adopts Rules Governing Out-of-State Attorneys”, see 32 Colo. Law. 27 (February 2003).