Doing Business with a Client – Rule 1.8 Conflicts Arising from Transactionswith Clients – Enforceability of the Transaction -

Calvert v. Mayberry, 2019 CO 23 -

Risk Management Issue: What are the risks for an attorney who enters into a contract to engage in a business transaction with a client in violation of Rule 1.8?

The Case: Based on the corresponding Model Rule, Colorado Rule of Professional Conduct 1.8 ("Rule 1.8") governs specific conflicts of interest, including business transactions between lawyers and clients. In this case, the Supreme Court of Colorado held that a contract between a lawyer and a client that violates Rule 1.8 is presumptively void, although an attorney can rebut the presumption.