Join us for CO Ethics Opinion 130 –
New Guidance on Sharing Litigation Materials
Presented by:
Katherine Otto, Messner & Reeves, LLP
Kendra Beckwith, Messner & Reeves, LLP
Join us for a discussion on this recent Colorado Ethics Opinion and how it impacts sharing litigation materials with colleagues, particularly in the context of the Listserve. Ms. Beckwith is a member of the Colorado Bar Association Ethics Committee and advises colleagues on ethical issues in the legal profession. Ms. Otto is the Communications Director for CDLA and is responsible for overseeing Listserve communications.
Colorado Formal Ethics Opinion 130 (“Online Posting and Sharing of Materials Related to the Representation of a Client,” approved April 3, 2017, published July 2017) acknowledges that the common practice of sharing litigation materials, including deposition transcripts, briefs, orders, etc. is helpful to lawyers and their clients, but warns practitioners that client confidences must be maintained. The Opinion suggests that practitioners should obtain informed consent during the representation and redact any client-identifying information prior to disseminating any of these materials. The presentation will include open discussion of what can and cannot be posted to the Listserve – or shared privately with another lawyer – in light of this recent Ethics opinion, and provide guidance on Listserve protocols and professionalism.
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