To paraphrase Garrett Morris, “CHEEZO has been berry berry good to me.” Beginning last December, it’s been the main ingredient for three blog posts, a Law 360 editorial, and a Colorado Law Week article. I’m quoted again this week in the print edition of Colorado Law Week regarding the now-issued rule. But barring new developments, this is the last morsel.
On Thursday, 28 September the Colorado Supreme Court adopted the proposed rule change, unaltered. The Denver Post accurately reported this the following day. By Monday morning the Facebook post reproduced above hit my friend feed. I had to respond, explaining that, no, lawyers may not “now engage in conduct involving dishonesty, fraud, deceit, or misrepresentation when advising law enforcement officers . . . .” Rather, the rule change simply states that lawyers may now advise, direct, and supervise others who have always been free to engage in covert operations and subterfuge, provided those activities are lawful, without fear of being professionally disciplined for violating Rule 8.4(c).