ALEXANDER ALEC R. ROTHROCK Born Evanston, Illinois 1959
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1 CURRICULUM VITAE ALEXANDER ALEC R. ROTHROCK Born Evanston, Illinois 1959 Burns, Figa & Will, P.C. Plaza Tower One, Suite South Fiddler s Green Circle Greenwood Village, CO Telephone: (303) Facsimile: (303) arothrock@bfw-law.com Mr. Rothrock is author of the book, ESSAYS ON LEGAL ETHICS AND PROFESSIONAL CONDUCT IN COLORADO (Continuing Legal Education of Colorado, Inc. 2003, Supp. 2008) and a frequent writer and lecturer on topics of legal ethics and professional conduct. He is a former chair of the Colorado Bar Association Ethics Committee. Mr. Rothrock s practice emphasizes legal ethics and attorney discipline defense, and the law of practicing law. COLORADO SUPREME COURT COMMITTEES Colorado Judicial Ethics Advisory Board Appointed 2011 Attorney Regulation Advisory Committee 2005 to Present Standing Committee on the Colorado Rules of Professional Conduct 2003 to Present ABA Ethics 2000 Review Committee 2003 to 2004 Ethical Issues in Family Law 2002 to 2003 Ad Hoc Committee of Unauthorized Practice of Law Committee 2001 to 2002
2 MEMBERSHIPS AND AFFILIATIONS Colorado Bar Association Ethics Committee, Member 1994 to Present Chair Co-Chair, Attorney Regulation Policy Committee, Association of Lawyers American Bar Association, Center for Colorado Bar Association Denver Bar Association Arapahoe County Bar Association PUBLICATIONS ARTICLES: Repugnant Objectives, 41 The Colorado Lawyer 51 (December 2012) 2012 Annual Survey of Colorado Law of Colorado Law, Ethics and (CLE in Colo., Inc.) Unbundling of Legal Services, Family Advocate, Fall 2012 Is Assisting Medical Marijuana Dispensaries Hazardous To A Lawyer s Professional Health?, 89 Denv. U. L. Rev (2012) 2011 Annual Survey of Colorado Law of Colorado Law, Ethics and (CLE in Colo., Inc.) Lawyer Advertising in Colorado, Trial Talk, pending publication (October/November 2011) 2010 Annual Survey of Colorado Law of Colorado Law, Ethics and (CLE in Colo., Inc.) Is Assisting Medical Marijuana Dispensaries Hazardous to a Lawyer s Professional Health? Colorado Bar Assoication Business Law Newsletter (May 26, 2010) 2009 Annual Survey of Colorado Law of Colorado Law, Ethics and (CLE in Colo., Inc.) Temporal and Substantive Choice of Law Under the Colorado Rules of Professional Conduct, 39 The Colorado Lawyer 35 (April 2010) 2
3 Private Screening, 38 The Colorado Lawyer 59 (June 2009)(co-author) 2008 Annual Survey of Colorado Law of Colorado Law, Ethics and (CLE in Colo., Inc.) BOOKS: Lawyers Professional Liability in Colorado: Preventing Legal Malpractice and Disciplinary Actions Second Edition, Michael T. Mihm, Managing Editor (2005, Supp. 2011) Volume I Attorney Fees and Costs: Legal Ethics Considerations (Chapter 3) Volume II Colorado Attorney Regulation: Attorney Discipline Process and Procedure, (Chapter 34) Colorado Attorney Regulation: Summary Adjudications, Collateral and Disability Proceedings, and Reinstatement and Readmission (Chapter 35) Essays on Legal Ethics and Professional Conduct in Colorado Continuing Legal Education of Colorado, Inc. (2003, Supp. 2008) Volume One Essay A1: Essay A2: Essay A3: Essay A4: Essay A5: Essay A6: Essay B1: Essay B2: Essay B3: Trust Accounting 101 i Associates: The Ethical Obligations of Supervisory and Subordinate Lawyers ii Moonlighting: Usurping Law Firm Opportunities iii Law Firm Divorce iv Ethics (Not Just) for Government Lawyers v The Perfect Letter to Clients from a Departing Lawyer vi Implied Attorney-Client Relationships vii What s So Bad About Sex with a Client s Spouse? viii Motions to Withdraw: Be Careful What You Say ix 3
4 Essay B4: Essay B5: Essay B6: Essay B7: Essay B8: Essay C1: Essay C2: Essay C3: Essay C4: Essay C5: Essay C6: Essay C7: Essay C8: Essay C9: Ethics in Internal Corporate Investigations x At Issue Waiver of the Attorney-Client Privilege xi Entity Formation: Defining the Client and the Duty of Confidentiality Formal Opinion 113: Disclosure of Errors and Omissions xii Legal Ethics Considerations in Quiet Title Actions xiii Attorney Fees and Costs: Legal Ethics Considerations xiv On Retainers, Flat Fees, and Commingling xv Fee Arrangements for the MTV Generation xvi Fee Forfeiture for Ethical Misconduct xvii Division of Fees Among Lawyers Not in the Same Firm xviii Fee-Splitting with Nonlawyers xix Recording Charging Liens Against Real Property: When, Not Whether xx The Forgotten Flat Fee: Whose Money Is It and Where Should It Be Deposited? xxi The Perfect Hourly Fee Agreement and Memorandum of Terms xxii Volume Two Essay D1: Essay D2: Essay D3: Essay D4: Essay D5: Essay D6: Ethics and Liability Considerations in Products Liability Representations xxiii Pretrial Publicity xxiv Cheat the Beatles: Ethics in Investigations xxv Discovery Ethics: Deposition Perjury xxvi Deposing Opposing Counsel xxvii Suspending the Deposition for Abuse xxviii 4
5 Essay D7: Essay D8: Essay D9: Coaching the Witness xxix Ex Parte Communications with a Tribunal: From Both Sides xxx It Better Be Good! Non-Client Standing to File Motions to Disqualify for Conflicts of Interest xxxi Essay D10: Expert Witnesses: Considerations of Legal Ethics and Professional Conduct xxxii Essay D11: Trial Misconduct xxxiii Essay D12: Appellate Ethics xxxiv Essay E1: 1999 Annual Survey of Colorado Law of Colorado Law, Ethics and Essay E2: 2000 Annual Survey of Colorado Law of Colorado Law, Ethics and Essay E3: 2001 Annual Survey of Colorado Law of Colorado Law, Ethics and Essay E4: 2002 Annual Survey of Colorado Law of Colorado Law, Ethics and Essay E5: 2003 Annual Survey of Colorado Law of Colorado Law, Ethics and Essay E6: 2004 Annual Survey of Colorado Law of Colorado Law, Ethics and Essay E7: 2005 Annual Survey of Colorado Law of Colorado Law, Ethics and Essay E8: 2006 Annual Survey of Colorado Law of Colorado Law, Ethics and Essay E9: 2007 Annual Survey of Colorado Law of Colorado Law, Ethics and Essay F1: Essay F2: Attorney Discipline Process and Procedure xxxv Summary Adjudications, Collateral and Disability Proceedings, and Reinstatement and Readmission xxxvi 5
6 Essay F3 Choice of Law EDUCATION BAR ADMISSIONS B.A., 1981, History, University of Michigan, Ann Arbor, Michigan 1977, University of Michigan, received four Avery Hopwood Freshman Writing Awards J.D., 1984, DePaul University, Chicago Illinois , Executive Editor of DePaul Law Review, DePaul College of Law Colorado state and federal courts Illinois state court and U.S. District Court for the Northern District of Illinois (inactive) MISCELLANEOUS A/V Rating, Martindale Hubbell Spanish Language Proficiency i Original version published at 48 Trial Talk 28 (Aug/Sep 1999). ii Original version published at 50 Trial Talk 20 (Feb/Mar 2001). iii Original version published at 51 Trial Talk 18 (Feb/Mar 2002). iv Original version published at 48 Trial Talk 30 (Apr/May 1999). v Original version published at 48 Trial Talk 32 (Jun/Jul 1999). vi Original version published at 53 Trial Talk 14 (Oct/Nov 2004). vii Original version published at 51 Trial Talk 26 (Oct/Nov 2002). viii Original version published at 51 Trial Talk 36 (Dec 2001/Jan 2002); portions published in Colorado Journal, November 14, 2001 at 7. ix Original version published at 50 Trial Talk 30 (Oct/Nov 2001). x Original version published at 49 Trial Talk 18 (Jun/Jul 2000). xi Original version published at 50 Trial Talk 40 (Dec 2000/Jan 2001). xii Original version published at 35 Colorado Lawyer 95. xiii Original version published in Colorado Quiet Title Actions (Geoffrey P. Anderson, Bradford Publishing Co. 2008). xiv Portions originally published at 49 Trial Talk 30 (Apr/May 2000); also published in Lawyers Professional Liability in Colorado, Second Ed. (Michael T. Mihm ed., CLE in Colo., Inc. Supp 2008). Publication of third edition pending. xv Original version published at 26 The Colorado Lawyer 83 (Nov 1997). xvi Original version published at 32 The Colorado Lawyer 37 (Oct 2003). xvii Original version published at 51 Trial Talk 14 (Apr/May 2002). 6
7 xviii Original version published at 50 Trial Talk 6 (Aug/Sep 2001). xix Original version published at 50 Trial Talk 30 (Apr/May 2001). xx Original version published at 51 Trial Talk 26 (Jun/Jul 2002). xxi Original version published in Florida Coastal Law Journal, Spring/Summer xxii Portions originally published at 53 Trial Talk 29 (Jun/Jul 2004). xxiii Original version published at 48 Trial Talk 36 (Dec 1999/Jan 2000). xxiv Original version published at 49 Trial Talk 22 (Oct/Nov 2000). xxv Original version published at 47 Trial Talk 29 (Dec 1997/Jan 1998). xxvi Original version published at 48 Trial Talk 30 (Oct/Nov 1999). xxvii Original version published at 49 Trial Talk 28 (Aug/Sep 2000). xxviii Original version published at 52 Trial Talk 24 (Dec 2002/Jan 2003). xxix Original version published at 49 Trial Talk 35 (Feb/Mar 2000). xxx Original version published at 29 The Colorado Lawyer 55 (Apr 2000). xxxi Original version published at 48 Trial Talk 36 (Feb/Mar 1999). xxxii Original version published at 52 Trial Talk 24 (Aug/Sep 2003). xxxiii Original version published at 52 Trial Talk 18 (Feb/Mar 2003). xxxiv Original version published at 53 Trial Talk 31 (Apr/May 2004). xxxv Originally published at 36 The Colorado Lawyer 23 (Feb 2007); also published in Lawyers Professional Liability in Colorado, Second Ed. (Michael T. Mihm ed., CLE in Colo., Inc. Supp 2009). xxxvi Originally published at 36 The Colorado Lawyer 41 (Mar 2007); also published in Lawyers Professional Liability in Colorado, Second Ed. (Michael T. Mihm ed., CLE in Colo., Inc. Supp 2009). 7
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