1. Judge Daniel M. Taubman, Colorado Court of Appeals
Best Practices
Judge Daniel M. Taubman,
Colorado Court of Appeals

2. Colorado’s Unbundling Road Show
What Did We Do?

3. What Is Our Goal?
Educating lawyers, judges, and self-represented litigant coordinators about
Ethical rules about unbundling, especially Rule 1.2(c)
Practical aspects of unbundling

4. How Did We Do It?
Lunchtime or afternoon presentations around the state, at the invitation of local bars, specialty bars, local access to justice committees & chief judges
Presenters include
A judge to discuss ethical and procedural rules
One or more lawyers – often including local lawyer – to discuss practical aspects of unbundling

5. What Rules Did We Address?
Ethical rules, primarily Rule 1.2(c)
Ghostwriting rule, C.R.C.P. 11(b)
Automatic entry and withdrawal, C.R.C.P (5) and related court forms
Appellate rule on unbundling, C.A.R. 5(e)

6. What Practical Issues Did We Address?
Need for written retainer agreement
Need to modify written retainer agreement when scope changes or increases
What types of cases and issues are appropriate for unbundling
What types of clients are best for unbundling
Practical issues judges and court staff should consider regarding unbundling
How courts can support unbundling

7. What Types of Unbundling Did We Address?
Limited appearances in court
Ghostwriting
Limited discrete tasks, such as legal advice, document review & drafting correspondence

8. How Did We Do the Presentations?
PowerPoint presentations
Ethical and procedural rules
Practical aspects of unbundling
What judges need to know about unbundling
Colorado Bar Association booklet, Practical and Ethical Considerations to Integrating Unbundled Legal Services (now in 4th Edition)
Unbundling outline
Formal Ethics opinion
Court forms
Sample retainer agreements

9. How Many Presentations & Attendees?
Approximately 35 presentations in all parts of the state
Multiple presentations in some locations
To date, some 750 attendees, including lawyers, state and federal judges, self-represented litigant coordinators
Special presentations for judges, including at state judicial conference, and for federal judges & magistrates

10. What Has Been the Result?
More lawyers use unbundling as part of their practice
Judges educated about unbundling
New comprehensive formal ethics opinion approved by CBA Ethics Committee in 2016

11. What Have Been the Keys to Success?
Support of Colorado Supreme Court
Encouragement by former Supreme Court Justice Greg Hobbs
Court’s willingness to add rules to facilitate unbundling
Attendance by local judges at presentations for lawyers
Presentations by lawyers, including local lawyers, who share their experiences about unbundling