Archive for Attorney regulation

Colo. Supreme Court: Presence of 3rd Party Waives Attorney-Client Privilege

  • December 6th, 2018
  • Miles Buckingham
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The Colorado Supreme Court  entered an opinion resolving an attorney-client privilege issue that has long been open under Colorado law – whether and when the presence of a non-client destroys the attorney-client privilege. Pursuant to the opinion authored by Justice Gabriel, the answer is – always, except when the presence…

Slack as a client communication tool: Bad idea or Worst idea?

  • April 12th, 2016
  • Miles Buckingham
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Recently, a business attorney posting in The Lawyerist proposed that attorneys could use Slack to communicate with clients. As we represent attorneys in legal malpractice actions brought by the clients of those attorneys, we had to stop and ask: Is using Slack to communicate with clients a bad idea, or…

Colorado Supreme Court’s Baker Opinion Affirms Narrow Window of Liability for Attorneys

  • January 20th, 2016
  • Miles Buckingham
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  On January 19, 2016, the Colorado Supreme Court issued its Opinion in Baker v. Wood, Ris & Hames, 2013 SC 554. In its Opinion the Court reexamined the issue of whether an attorney may be held liable to a non-client for legal malpractice and affirmed Colorado’s history of (by-and-large) classifying malpractice claims by…

Colorado Supreme Court: Law firms in dissolution retain rights to contingency assets

  • January 24th, 2015
  • dflo
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On Jan. 20, 2015, the Colorado Supreme Court issued an opinion on Lafond v. Sweeney stating that the unfinished business rule applies to contingency cases. The opinion held that when a law firm formed as a limited liability company (LLC) breaks up while one of its assets is interest in…

Colo. Supreme Court grants Cert. on three potentially important cases

  • November 4th, 2014
  • Miles Buckingham
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Today (November 3, 2014), the Colorado Supreme Court granted certiorari review on three cases, all of which may be important to civil defense lawyers practicing in Colorado. In order of their relative interest, the cases are: 1. Martinez et al. v. Mintz Law Firm LLC et al., 14SC1. Included among…

Only in Colorado: New Supreme Court guidance regarding advising clients about marijuana

  • April 19th, 2014
  • Miles Buckingham
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While the public’s eye and attention have been on the availability of retail marijuana in some Colorado communities, few stories have looked at the ethical quandaries which attorneys in this state have faced as they have tried to advise and inform clients about both recreational and medicinal marijuana sales. These…

The law as a profession, and attorney advertisements

  • April 4th, 2014
  • Miles Buckingham
  • Comments Off on The law as a profession, and attorney advertisements

A recent episode of 99% Invisible explored some of the more colorful attorney advertisements across the country. The podcast invites listeners to consider how they perceive attorneys, in general, as a result of the advertisements of a few. The discussion with regulation counsel for the State of Florida also provides…