Legal Ethics in a Changing World Workshop
Water lawyers, join the Colorado Water Congress for our annual Legal Ethics Workshop! You will learn more about the latest changes to the Rules of Professional Conduct and hear about how court proceedings are operating in this new world and how best to prepare and conduct these proceedings.
When: Wednesday, November 17, beginning at 8:15 am
Where: Zoom Remote Connection
Speakers:
Where: Zoom Remote Connection
Speakers:
- Judge J. Steven Patrick, District Judge, 7th Judicial District, and Water Judge, Division 4
- Amy Beatie, Deputy Attorney General for Natural Resources and Environment
- Cynthia Covell, Attorney, Alperstein and Covell, P.C.
- Stephen H. Leonhardt, Attorney, Burns, Figa & Will, P.C.
Workshop Outline
8:15 a.m.
Introductions and Overview
Our first two speakers will kick off the workshop with an overview in new rules and developments to the Rules of Professional Conduct.
8:20 a.m.
Colorado Rules of Professional Conduct: Some Key Ethical Principles and Obligations for Water Lawyers
Stephen H. Leonhardt, Attorney, Burns, Figa & Will, P.C.
Topics include: the Client-Attorney Relationship (CRPC 1.2, 1.16), Advising the Client (CRPC 2.1, 1.4), Confidentiality vs. Disclosure Obligations (CRPC 1.6, 3.3, 4.1), and Working with Expert Witnesses and Consultants (confidentiality/disclosure obligations in relation to Water Court Rules).
9:10 a.m.
Conflicts of Interest in a Water Law Practice (CRPC 1.7 and related rules); Legal Fees and Fee Agreements (CRPC 1.5)
Cynthia Covell, Attorney, Alperstein and Covell, P.C.
The Colorado Supreme Court has recently amended Rule 1.5 to require lawyers to provide to clients in writing the “scope of representation” as well as the “basis or rate” of the fee which will be charged to the client. What does this mean, and how does the water lawyer communicate the “scope of
representation”?
10:00 a.m.
Break
10:10 a.m.
Ethical Issues in Remote and Hybrid Court Proceedings in Division 4
Judge J. Steven Patrick, District Judge, 7th Judicial District, and Water Judge, Division 4
Judge Patrick will discuss ethical issues in dealing with pro se parties, and how judges manage water court proceedings (both traditional and virtual) with pro se parties as applicants and as opposers.
10:40 a.m.
Environmental Justice and Equity for Water and Environmental Lawyers
Amy Beatie, Deputy Attorney General for Natural Resources and Environment
Environmental justice as both a movement and a legal framework is quickly evolving. Without a specific environmental justice law at the federal level, some existing laws, regulations, and initiatives are being strategically deployed to advance environmental justice goals. In addition, states, filling to gap, have been addressing environmental justice in novel and creative ways. Deputy AG Amy Beatie will discuss the status of laws pertaining to environmental justice, and current EJ activities inColorado.
11:25 a.m.
Break
11:35 a.m.
A Panel on Hypothetical Problems Raising Ethical Issues
Cynthia Covell, Attorney, Alperstein and Covell, P.C. Stephen H. Leonhardt,Attorney, Burns, Figa & Will, P.C.
This panel will present hypothetical fact patterns as a format for discussing ethical problems and dilemmas faced by water practitioners.
12:35 p.m.
Adjourn
8:15 a.m.
Introductions and Overview
Our first two speakers will kick off the workshop with an overview in new rules and developments to the Rules of Professional Conduct.
8:20 a.m.
Colorado Rules of Professional Conduct: Some Key Ethical Principles and Obligations for Water Lawyers
Stephen H. Leonhardt, Attorney, Burns, Figa & Will, P.C.
Topics include: the Client-Attorney Relationship (CRPC 1.2, 1.16), Advising the Client (CRPC 2.1, 1.4), Confidentiality vs. Disclosure Obligations (CRPC 1.6, 3.3, 4.1), and Working with Expert Witnesses and Consultants (confidentiality/disclosure obligations in relation to Water Court Rules).
9:10 a.m.
Conflicts of Interest in a Water Law Practice (CRPC 1.7 and related rules); Legal Fees and Fee Agreements (CRPC 1.5)
Cynthia Covell, Attorney, Alperstein and Covell, P.C.
The Colorado Supreme Court has recently amended Rule 1.5 to require lawyers to provide to clients in writing the “scope of representation” as well as the “basis or rate” of the fee which will be charged to the client. What does this mean, and how does the water lawyer communicate the “scope of
representation”?
10:00 a.m.
Break
10:10 a.m.
Ethical Issues in Remote and Hybrid Court Proceedings in Division 4
Judge J. Steven Patrick, District Judge, 7th Judicial District, and Water Judge, Division 4
Judge Patrick will discuss ethical issues in dealing with pro se parties, and how judges manage water court proceedings (both traditional and virtual) with pro se parties as applicants and as opposers.
10:40 a.m.
Environmental Justice and Equity for Water and Environmental Lawyers
Amy Beatie, Deputy Attorney General for Natural Resources and Environment
Environmental justice as both a movement and a legal framework is quickly evolving. Without a specific environmental justice law at the federal level, some existing laws, regulations, and initiatives are being strategically deployed to advance environmental justice goals. In addition, states, filling to gap, have been addressing environmental justice in novel and creative ways. Deputy AG Amy Beatie will discuss the status of laws pertaining to environmental justice, and current EJ activities inColorado.
11:25 a.m.
Break
11:35 a.m.
A Panel on Hypothetical Problems Raising Ethical Issues
Cynthia Covell, Attorney, Alperstein and Covell, P.C. Stephen H. Leonhardt,Attorney, Burns, Figa & Will, P.C.
This panel will present hypothetical fact patterns as a format for discussing ethical problems and dilemmas faced by water practitioners.
12:35 p.m.
Adjourn