Advantage of filing a request for investigation

Filing UPL Complaints at Colorado Office of Attorney Regulation
May 21, 2017
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Take note however that the said Office of Attorney Regulation Counsel does not grant legal advice to persons filing an investigation request.  However, the resulting proceedings (triggered by your request) could help you demand the return of sums of money paid to the non-lawyer you are complaining about.  At any rate, you can proceed with the usual legal action on persons who have caused you loss of property or money.

Investigation process

After receiving a copy of your request, the office begins reviewing your case to establish whether or not it is within its jurisdiction.  If it is so, it will conduct an investigation and send the non-lawyer a copy of your letter.

A reviewing committee is made up of lawyers as well as non-lawyers tasked to review the reports about your complaint.  If the body confirms that the act committed is indeed UPL and is expected to be an ongoing one, it can request the person named in your complaint to refrain from doing so and to sign an agreement regarding his assent. Once he refuses to sign, the committee will proceed to injunctive proceedings with the end in view of ordering that person to stop committing UPL. If an order of injunction is violated, the same committee can call for criminal contempt proceedings.

Petition for contempt or injunction

If such proceeding is recommended by the committee, the Office of Attorney Regulation counsel starts filing a petition for contempt or injunction at the Colorado Supreme Court.  Your testimonies, the non-lawyer’s testimony, and those of third parties will be heard by a trial master.  After hearing all evidence, the hearing master will then file a recommendation which will be reviewed by the Colorado Supreme Court along with trial records.  The court has the final say if an order admonishing the non-lawyer to refrain from UPL should be served.

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