Rule text
(a) Jurisdiction. Jurisdiction exists under this rule over any nonlawyer who engages or attempts to engage in the practice of law in Colorado. The practice of law occurs ''in Colorado'' if the nonlawyer takes the actions at issue within the geographic boundaries of Colorado, if the recipient of legal services was in Colorado at the time of the actions, or if the actions involve a tribunal located in Colorado. (b) Prohibition on the Unauthorized Practice of Law. Unless authorized by supreme court case law, federal law, tribal law, or other valid law, a nonlawyer may not engage in the practice of law. ''Practice of law'' includes the following: (1) Protecting, defending, or enforcing the legal rights or duties of another person; (2) Representing another person before any tribunal or, on behalf of another person, drafting pleadings or other papers for any proceeding before any tribunal;
(3) Counseling, advising, or assisting another person in connection with that person's legal rights or duties; (4) Exercising legal judgment in preparing legal documents for another person; and (5) Any other activity the supreme court determines to constitute the practice of law. (c) Prohibited Activities. The unauthorized practice of law by a nonlawyer includes the following: (1) Exercising legal judgment to advise another person about the legal effect of a proposed action or decision; (2) Exercising legal judgment to advise another person about legal remedies or possible courses of legal action available to that person; (3) Exercising legal judgment to select a legal document for another person or to prepare a legal document for another person, other than solely as a typist or scrivener; (4) Exercising legal judgment to represent or advocate for another person in a negotiation, settlement conference, mediation, or alternative dispute resolution proceeding; (5) Exercising legal judgment to represent or advocate for another person in a hearing, trial, or other legal proceeding before a tribunal; (6) Advertising or holding oneself out, either directly or impliedly, as an attorney, a lawyer, ''Esquire,'' a legal consultant, or a legal advocate, or in any other manner that conveys capability or authorization to provide unsupervised services involving the exercise of legal judgment; (7) Owning or controlling a for-profit entity that is not authorized under C.R.C.P. 265 and that provides services involving the exercise of legal judgment; (8) Soliciting any fees for services involving the exercise of legal judgment; (9) Owning or controlling a website, application, software, bot, or other technology that interactively offers or provides services involving the exercise of legal judgment; and (10) Performing any other activity that constitutes the practice of law as set forth in subsection (b) above. (d) Invalid Defenses. Invalid defenses to civil injunctive or contempt claims under this rule include: (1) That the respondent was acting pursuant to a power of attorney; (2) That the respondent did not charge or receive a fee; and (3) That the respondent, in the course of engaging in an activity prohibited under subsections (c)(1)-(5) or (7)-(10) above, did not hold herself or himself out as authorized to practice law. (e) No Implied Limitation on Authority or Jurisdiction. Nothing in this rule shall be construed as a limitation on the authority or jurisdiction of any tribunal to punish for contempt a nonlawyer who engages or attempts to engage in the practice of law in Colorado in a matter within the jurisdiction of that tribunal. Nor shall this rule be construed as a limitation on any civil remedy or criminal proceeding that may otherwise exist.
Notes
Source: Entire rule and Comment adopted and effective December 15, 2022 (Rule Change 2022(17)).
COMMENT
[1] Paraprofessionals, secretaries, investigators, law student interns, bookkeepers, suspended lawyers, and other nonlawyers may properly act under the supervision of lawyers, in accordance with applicable legal authorities. See Colo. RPC 5.3 cmt. [2]. In assisting a law-
yer to render services requiring the exercise of legal judgment, nonlawyers must act under the direct supervision and control of the lawyer. [2] Disbarred lawyers are subject to the jurisdiction set forth in both this rule and C.R.C.P. 242.
Part II. Entities