Colorado

Civil Procedure

Rule 251.14 – Complaint-Contents, Service

(a) Contents of Complaint. Complaints seeking to establish grounds for discipline of an attorney shall be filed as provided by these Rules with the Presiding Disciplinary Judge. An original and three copies of the complaint shall be filed.

The complaint shall set forth clearly and with particularity the grounds for discipline with which the respondent is charged and the conduct of the respondent which gave rise to those charges. All disciplinary and disability proceedings filed as herein provided shall be conducted in the name of the People of the State of Colorado and shall be prosecuted by the Regulation Counsel.

(b) Service of Complaint. The Regulation Counsel shall promptly serve upon the respondent, as provided in C.R.C.P. 251.32(b), a citation and a copy of the complaint filed against the respondent. The citation shall require the respondent within 21 days after service thereof to file an original and three copies of a written answer to the complaint, in compliance with C.R.C.P. 251.15.

C.R.C.P. 251.14

Source: Amended and adopted June 25, 1998, effective January 1, 1999; b amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1 b.

This rule was previously numbered as 241.12.

Annotation Law reviews. For article, “Statutes and Cases Concerning Unauthorized Practice of Law in Colorado”, see 24 Dicta 257 (1947). For note, “Standards of Discipline for Attorneys in Colorado and the Significance of the Code of Professional Responsibility”, see 50 Den. L.J. 207 (1973). Consideration of charges not made in formal complaint against an attorney constitutes a violation of the respondent’s rights to procedural due process of law. People v. Emeson, 638 P.2d 293 (Colo. 1981) (decided under former C.R.C.P. 247 ). Board’s findings that attorney engaged in dishonest conduct in collection matter contravened requirement that the grounds for discipline be set forth “clearly and with particularity.” The complaint and the issues identified for hearing did not adequately place the attorney on notice that he had violated the disciplinary rules prohibiting dishonest conduct. A proper charge of dishonesty would have identified conduct constituting violation of C.R.P.C. 4.1(a) (making a false statement of material fact or law to a third person) or 8.4(c) (engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation); not 8.4(g) (engaging in conduct violating accepted standards of legal ethics). In re Quiat, 979 P.2d 1029 (Colo. 1999) (decided under rule in effect prior to the 1999 repeal and reenactment).