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CO · rules

C.R.C.P. 232.12

Determination by Regulation Committee

activein force · 2022-12-15 – presentact-effective-date

(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.

History

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), in- formal 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.

Provenance

Source
content.leg.colorado.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
a3b770dabb4af079f3d5b412547f6997173d6ab734c0ea17c9cb361c90b90e8b
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