The Office of Investigations serves as an independent, neutral fact finder. The Office of Investigations does not represent the complainant, the Board or Program, or any licensee, registrant or certificate holder.
The Office of Investigations receives hundreds of cases per year. Investigators make their best effort to complete an investigation within 180 days.
A: A professional license, certificate or registration is an important property interest that you hold. It is important to remember that the Board or Program, its staff, and the Office of Investigations cannot provide you with legal advice.
The mission of the Office of Expedited Settlement ( ESP) is to expedite the resolution of disciplinary cases for the health, allied health, and business and technical programs of the Division of Professions and Occupations (Division). Resolution of disciplinary actions through stipulation without litigation is meant to expedite the resolution of disciplinary actions, while at the same time minimizing the associated legal costs of settling these actions.
If no agreement can be reached, or the Respondent fails to respond, the matter is closed in ESP and referred to the Office of the Attorney General for a hearing. ESP does not practice law, rather it merely assists the Board or Director in the delivery of settlement proposals and the resolution of disciplinary actions.
When a complaint is assigned to an investigator, the investigator acts as an impartial, neutral fact finder and does not "represent" the complainant, the board or program, or the licensee, certificate holder or registrant.The investigator may contact both the licensee and the complainant for more information. The majority of this work can be done by telephone. The investigator may also subpoena or otherwise obtain copies of pertinent documents, and where appropriate, may retain an expert consultant to review the case.
Investigators make their best effort to complete an investigation within 180 days.
A: The Colorado Supreme Court has defined the “practice of law” as “act[ing] in a representative capacity in protecting, enforcing, or defending the legal rights and duties of another and in counseling, advising and assisting [another] in connection with these rights and duties.”1 The Court’s words make clear that providing legal advice to another person constitutes the practice of law, as does the selection and drafting of legal documents for use by another person.2 A non-lawyer’s exercise of legal discretion on behalf of another’s legal interest is prohibited because of potential harm to the public.3
No. Suspended and disbarred attorneys cannot practice law in Colorado under any circumstance. Even though a statute, rule or agreement may authorize a non-lawyer to engage in the practice of law under a particular circumstance, a suspended or disbarred attorney is not entitled to “practice law” in any manner due to the specific order of discipline that applies to that disciplined attorney. Suspended or disbarred attorneys who do engage in any act that constitutes the practice of law while under an order of discipline shall be subject to further discipline or contempt proceedings for violation of the order of discipline. Such contempt proceedings may result in additional discipline, fines and/or imprisonment.
C.R.C.P. 203.2 allows qualified out-of-state attorneys to be admitted on motion. The primary conditions are that the attorney must be licensed in another state that allows admission to licensed Colorado attorneys on motion, and that the attorney must have been primarily engaged in the active practice of law in another state for three of the five years immediately preceding the date the admission on motion is filed. See C.R.C.P. 203.2 for more details.
The Colorado State Constitution gives the Colorado Supreme Court the exclusive jurisdiction to regulate the practice of law in Colorado. Through this constitutional grant of authority, the Colorado Supreme Court has the inherent authority to define what constitutes the practice of law; to regulate and prevent the practice of law by individuals who are not licensed to practice law in Colorado; and to determine who can practice law before administrative agencies.40 Accordingly, the Colorado Supreme Court has enacted rules to regulate unauthorized practice of law in Colorado, which established the Unauthorized Practice of Law (UPL) Committee.
Other professional license sanctions, such as those contained in the notaries public statutes (C.R.S. §12-55-110.3), the real estate broker statutes (C.R.S. §12-61-101, et. seq), or any other certification or licensing regulation scheme, may be imposed on a non-lawyer who violates the UPL rules.
Yes, but he or she cannot give legal advice.33 A bankruptcy petition preparer is a person, other than an attorney for the debtor, who prepares for compensation a document for filing. Legal advice includes advising whether the debtor should file a bankruptcy petition, whether the debtor’s debts will be discharged in a bankruptcy case, and how to characterize the nature of the debtor’s interests in property or the debtor’s debts. If you hire a bankruptcy petition preparer, he or she must sign and comply with notification requirements set forth under the bankruptcy statute 11 U.S.C. § 110(b)(2)(A). For more information, go to