“It isn’t what we say or think that defines us, but what we do.” – Jane Austen. Some companies offer debt-management services to debtors. Plaintiff is one of them. They are regulated by CRS 12-14.5-202. (the DMSA). Attorneys providing such services are exempt from regulation. Plaintiff (consisting entirely of nonlawyers) hired “local counsel” and sought “legal services exemption.” The Court, interpreting the DMSA with Colo.RPC 5.3, held that nonlawyer assistants may be exempt if they work for an attorney in substance, not just in name, and under the attorney’s supervision. Here, Plaintiff’s attorneys, some out-of-state , did not actually provide meaningful instruction or supervision. Although the Court, through CRCP 205.1, not the Legislature, regulates attorneys, the DMSA did violate the Separation of Powers doctrine. Thus, Plaintiff was subject to regulation.
http://www.cobar.org/opinions/opinion.cfm?opinionid=9789&courtid=2
Preview of the New Ralph Carr Judicial Center
Chief Justice Michael L. Bender and Attorney General John Suthers hosted a media tour of the Ralph Carr Judicial Center today, and the Colorado Litigation Report has posted a few photographs. For a sneak peak at the beautiful interior (though finishing touches are still being completed), click HERE.
Here is the Early Move-In Press Release with additional information about the building and its construction.
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Filed under Attorney Regulation, Commentary
Tagged as Court of Appeals, Supreme Court