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Guides · Your lawyer

Working With Your Attorney

In a CPS case, your lawyer can be your most important ally — the one person in the courtroom whose only job is you. This is a plain-language guide to who that lawyer is, what they owe you, whether what you tell them stays private, how to work well together, and the options that exist if you feel your lawyer isn't representing you properly. It's general information, not advice about your case.

Who your lawyer is — and who they work for

In a Colorado Dependency and Neglect case, parents have the right to a lawyer at every stage. For parents who qualify financially, one is appointed free of charge through the Office of Respondent Parents' Counsel (ORPC) — an office whose whole mission is "protecting the fundamental right to parent." Parents who don't qualify can still ask ORPC about attorneys who charge lower rates or offer payment plans.

The key thing

Your lawyer represents you alone — not the county, not the judge, not your child. In a room full of people with other jobs, that makes them your ally. Many parents meet, call, and email their lawyer between hearings, not just in the courtroom.

What your lawyer owes you

Every licensed Colorado attorney follows the Colorado Rules of Professional Conduct. Knowing what those rules ask of your lawyer helps you recognize what good representation looks like.

DutyWhat it generally means
CompetenceHandling your case with the knowledge and skill it needs.
DiligenceActing on your case reasonably promptly — not letting it sit.
CommunicationKeeping you reasonably informed and answering your reasonable questions so you can make decisions.
ConfidentialityKeeping what you share private (see below).
LoyaltyPutting your interests first and avoiding conflicts of interest.

"Is what I tell my lawyer really confidential?"

As a general rule, yes. Under the Colorado Rules of Professional Conduct, a lawyer generally must keep information about your case private — that protection exists so you can be fully honest with the one person on your side. There are a few narrow exceptions the law recognizes (for example, to prevent certain serious harms), and an attorney can explain how confidentiality applies to your specific situation.

Not the same as talking to a caseworker

Talking to your own lawyer is protected in a way that talking to a caseworker is not — a caseworker's notes can become part of the court file. For how that side works, see Talking to Your Caseworker Without Hurting Your Case.

Working well with your attorney

No one hands out a manual for this. Here's what many parents find helps a working relationship — and what tends to get in the way.

What tends to help

  • Telling your lawyer everything, including the hard or embarrassing facts — surprises in court hurt more than bad facts known early.
  • Bringing a short, written list of questions to each meeting.
  • Keeping your own organized record so you can hand over dates and details fast — our Documentation Log and Timeline are built for this.
  • Asking, early, how they prefer to be reached and how long a reply usually takes.
  • Following up important conversations in a short email so there's a written record.
  • Keeping your own copies of everything.

What tends to get in the way

  • Going around your lawyer to talk directly with the caseworker or county attorney about the case.
  • Saving important information for the courtroom instead of telling your lawyer first.
  • Missing meetings or not returning your lawyer's calls.
  • Contact that's only venting, with no clear question or request.

"I'm worried my lawyer isn't representing me properly — what can I do?"

This is one of the most common worries parents have, and there are real options. They range from the simplest first step to formal ones.

  1. Start with a direct, specific conversation

    Many problems are communication problems, and they're often fixable. It can help to name exactly what you need — a returned call, an explanation of the next hearing, a specific motion filed — rather than a general sense that something's wrong.

  2. Ask ORPC for help

    If you can't reach your court-appointed attorney or communication has broken down, ORPC has a process to help. Parents can contact ORPC for assistance improving communication with a court-appointed (RPC) attorney.

  3. Understand how a "new lawyer" actually works

    Here's the honest part: a court is not required to appoint a new attorney just because a parent asks for one, and ending the relationship yourself does not guarantee a replacement. A new appointed lawyer is typically named when the current one withdraws (for example, a conflict of interest). A parent can raise concerns with the court, and ORPC or the lawyer can explain how the process works.

  4. Formal complaint about a lawyer's conduct

    Colorado's Office of Attorney Regulation Counsel — an independent office of the Colorado Supreme Court — handles complaints that an attorney broke the Rules of Professional Conduct (phone 303-457-5800 or toll-free 877-888-1370). Be aware of what it does and doesn't do: it investigates a lawyer's conduct; it does not change the outcome of your case, cannot review a judge's or magistrate's decisions, and does not take anonymous complaints.

Two different doors

ORPC is where a parent turns for help with a court-appointed lawyer's communication or performance. The Office of Attorney Regulation Counsel is the separate, formal route for reporting an ethics violation. They serve different purposes.

What to expect

A good lawyer will be honest with you — sometimes about things you don't want to hear — and can't promise how a case will end. Many carry heavy caseloads, so a reply may not be instant. What you can reasonably expect is a lawyer who keeps you informed, answers your real questions, and puts your interests first. What you bring — honesty, organization, and follow-through — helps them do their best work for you.