EZRCP · Colorado · Chapter 1 - Scope of Rules, One Form of Action, Commencement of Action, Service of Process, Pleadings, Motions and Orders · C.R.C.P. 232.12

C.R.C.P. 232.12. — Determination by Regulation Committee

Colorado · Chapter 1 - Scope of Rules, One Form of Action, Commencement of Action, Service of Process, Pleadings, Motions and Orders

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Rule text

(a) Action by Regulation Committee. On receiving a request from the Regulation Counsel under C.R.C.P. 232.11(a) or a recommendation from another investigator under C.R.C.P. 232.10(c), the Regulation Committee must determine whether there is reasonable cause to believe that the respondent engaged in the unauthorized practice of law and, using its discretion and evaluating the considerations listed in subsection (b) below, will take one of the following actions: (1) Authorize the Regulation Counsel to file a petition for injunction; (2) Authorize the Regulation Counsel to file a petition for contempt, if a civil injunction has already been issued against the respondent; (3) Authorize the Regulation Counsel to enter into a stipulation with the respondent under C.R.C.P. 232.17; (4) Place the matter in abeyance; (5) Direct further investigation; (6) Enter into an informal disposition of the matter consisting of a written agreement by the respondent to refrain from the conduct in question and, if applicable, to make restitution; or (7) Dismiss the matter, with or without the respondent's agreement to abide by conditions, and with or without a finding that the respondent engaged in the unauthorized practice of law. (b) Considerations in Taking Action. In making a determination under subsection (a) above, considerations for the Regulation Committee include: (1) Whether it is reasonable to believe that the Regulation Counsel can prove the respondent engaged in the unauthorized practice of law or contemptuous conduct, as applicable; (2) The level of actual or potential injury caused by the alleged conduct; and (3) Whether the conduct is part of a sustained pattern or is likely to reoccur. (c) Notice to Complaining Witness. Within 28 days after the Regulation Committee's decision to authorize the filing of a petition, to authorize a stipulation, or to dismiss a matter, the Regulation Counsel must notify the complaining witness of the decision.

Notes

Source: Entire rule and Comment adopted and effective December 15, 2022 (Rule Change 2022(17)).

COMMENT

Stipulations under C.R.C.P. 232.12(a)(3), informal dispositions under C.R.C.P. 232.12(a)(6), and dismissals with the respon-

dent's agreement to abide by conditions under C.R.C.P. 232.12(a)(7) are encouraged.