Gifts to clients in limited circumstances

Colorado Supreme Court permits some attorneys to give gifts to clients in limited circumstances

The Colorado Supreme Court recently amended Colorado Rule of Professional Conduct 1.8 to authorize a lawyer representing an indigent client without payment of a fee, a lawyer representing an indigent client without payment of a fee through a nonprofit legal services or public interest organization, a lawyer representing an indigent client without payment of a fee through a law school clinical or pro bono program, and a lawyer representing an indigent client or the interests of a child and youth through employment or contracts with a state agency to give a client modest gifts. Modest gifts include contributions for food, rent, transportation, medicine, or similar necessities. Limitations on such gift-giving indicate that lawyers “shall not promise, assure or imply the availability of such gifts prior to retention or as an inducement to continue the client-lawyer relationship after retention; seek or accept reimbursement from the client, a relative of the client or anyone affiliated with the client; or publicize or advertise to prospective clients a willingness to provide such gifts.”

The amended rule and helpful commentary are available at this link.