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CO · rules

Colo. LLP RPC 1.12

Former Judge, Arbitrator, Mediator or Other Third-Party Neutral

activein force · 2023-07-01 – presentact-effective-date

(a) Except as stated in paragraph (d), an LLP shall not represent anyone in connection

with a matter in which the LLP participated personally and substantially as a judge or other

adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other

third-party neutral, unless all parties to the proceeding give informed consent, confirmed in

writing.

(b) An LLP shall not negotiate for employment with any person who is involved as a

party or as a lawyer or LLP for a party in a matter in which the LLP is participating

personally and substantially as a judge or other adjudicative officer or as an arbitrator,

mediator or other third-party neutral. An LLP serving as a law clerk to a judge or other

adjudicative officer may negotiate for employment with a party or lawyer involved in a

matter in which the clerk is participating personally and substantially, but only after the

LLP has notified the judge or other adjudicative officer.

(c) If an LLP is disqualified by paragraph (a), no LLP or lawyer in a firm with which

that LLP is associated may knowingly undertake or continue representation in the matter

unless:

(1) the disqualified LLP is timely screened from any participation in the matter and is

apportioned no part of the fee therefrom;

(2) the personally disqualified LLP gives prompt written notice (which shall contain a

general description of the personally disqualified LLP’s prior participation in the matter

and the screening procedures to be employed), to the parties and any appropriate tribunal,

to enable the parties to ascertain compliance with the provisions of this Rule; and

(3) the personally disqualified LLP and the partners of the firm with which the

personally disqualified LLP is now associated, reasonably believe that the steps taken to

accomplish the screening of material information are likely to be effective in preventing

material information from being disclosed to the firm and its client.

(d) An arbitrator selected as a partisan of a party in a multimember arbitration panel is

not prohibited from subsequently representing that party.

History

Source: Entire appendix adopted April 13, 2023, effective July 1, 2023 (Rule Change 2023(08)).

Provenance

Source
content.leg.colorado.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
d58e5dca96cc17bdb81d1837839ebc3b82a6873dd81a5f17173b56f96015bfd6
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