Colo. R. Civ. P. 252.1

As amended through Rule Change 2024(7), effective April 4, 2024
Rule 252.1 - Purpose, and Scope, Terminology
(a) The purpose of the Colorado Attorneys' Fund for Client Protection is to promote public confidence in the administration of justice and the integrity of the legal profession by mitigating losses caused by the dishonest conduct of licensed attorneys authorized to practice in this state occurring in the course of attorney-client or court-appointed fiduciary relationship between the attorney and the claimant.
(b) The following terminology and definitions apply to this Rule:
(1) "Dishonest Conduct" means one or more wrongful acts committed by an attorney in the nature of theft or embezzlement of money or the wrongful taking or conversion of money, property or other things of value, permanently depriving the client of its use, including but not limited to:
(a) Refusal to refund unearned fees received in advance as required by Rule 1.16 of the Colorado Rules of Professional Conduct; and
(b) The borrowing of money from a client without intention to repay it, or with disregard of the attorney's inability or reasonably anticipated inability to repay it.
(2) "Fund" means the Colorado Attorneys' Fund for Client Protection.
(3) "Board" means the Colorado Attorneys' Fund for Client Protection Board of Trustees.
(4) "Trustee" means one of the five member Trustees appointed to the Board of Trustees by the Colorado Supreme Court.
(5) "Chair" means the individual appointed to serve as Chair of the Board of Trustees by the Colorado Supreme Court and has all the powers of a Trustee.
(6) "Vice-Chair" means the individual appointed to serve as Vice-Chair of the Board of Trustees by the Colorado Supreme Court and has all the powers of a Trustee.
(7) "Request for Claim" means the initial written request submitted by a Claimant to the Board seeking reimbursement for losses caused by dishonest conduct of a licensed attorney authorized to practice law in Colorado.
(8) "Claim" means a Claimant's Request for Claim that has been determined to meet all eligibility criteria and which will be considered by the Board for substantive review.
(9) "Claimant" means an individual who submits a Request for Claim to the Board in order to seek reimbursement for losses caused by the dishonest conduct of a licensed attorney authorized to practice law in Colorado.
(10) "Respondent Attorney" means the attorney who is the subject of a Request for Claim.
(c) Applicability of C.R.C.P. 252.1 through C.R.C.P. 252.16 to Licensed Legal Paraprofessionals ("LLPs").
(1) The terminology rule at C.R.C.P. 252.1 and the rules governing the Colorado Attorneys' Fund for Client Protection (C.R.C.P. 252.1 et seq.), apply to LLPs. LLPs have all the obligations and rights of Respondent Attorneys under these rules. Claimants likewise have all the obligations and rights provided by these rules when filing a Request for Claim based on the conduct of a Respondent Licensed Legal Paraprofessional.

C.R.C.P. 252.1

Source: Added and adopted June 25, 1998, effective 1/1/1999; amended and adopted by the Court, En Banc, June 15, 2023, effective 9/1/2023.

Annotation Law reviews. For article, "The Colorado Attorneys' Fund for Client Protection", see 32 Colo. Law. 27 (November 2003).