Rule text
(a) Overview. The Regulation Counsel and a respondent may, any time before a civil injunction hearing is held, enter into a public stipulation to injunction.
(b) Contents. A stipulation to injunction must be sworn or affirmed by the respondent, notarized, and contain: (1) An admission that the respondent engaged in the unauthorized practice of law and the factual basis for that admission; (2) A statement that the admission is freely and voluntarily made, that it is not the product of coercion or duress, and that the respondent is fully aware of the implications of the admission; (3) The respondent's agreement to entry of an injunction prohibiting the respondent from engaging in the unauthorized practice of law, including the prohibited activities set forth in C.R.C.P. 232.2(c); (4) A recitation of the prohibited activities set forth in C.R.C.P. 232.2; and (5) A statement whether the respondent must make restitution or pay costs, and in what amount. (c) Exemption from Fine. A respondent who stipulates to an injunction under this section 232.17 is exempt from a fine. (d) Procedure. If the UPL matter has been referred to the Presiding Disciplinary Judge, the stipulation to injunction must be submitted to the Presiding Disciplinary Judge. If the UPL matter has not been referred to the Presiding Disciplinary Judge, the stipulation to injunction must be submitted to the supreme court, which may refer the stipulation to the Presiding Disciplinary Judge. On receiving a stipulation that meets the requirements set forth in subsection (b) above, the Presiding Disciplinary Judge will submit the stipulation and a report to the supreme court under C.R.C.P. 232.20.
Notes
Source: Entire rule adopted and effective December 15, 2022 (Rule Change 2022(17)).