Archive for Professional liability

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…

Comparative Negligence and Hospitals

  • December 23rd, 2016
  • Miles Buckingham
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Comparative negligence unavailable as a defense where hospital accepts care of self-harming individuals Hospitals can be liable for patient suicides under certain circumstances, even where the self-harm inflicted by the individual would otherwise preclude a recovery. That is what the Colorado Supreme Court held in P.W. v. Children’s Hospital, 2015…

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

  • April 12th, 2016
  • Miles Buckingham
  • Comments Off on Slack as a client communication tool: Bad idea or Worst idea?

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…

Guidance for HOA Managers re: Records Retention

  • January 27th, 2016
  • Miles Buckingham
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January 13, 2016 — A new Director Position Statement by the Colorado Department of Regulatory Agencies: Division of Real Estate pertaining to record retention duties of Community Association Managers (“CAMs”) has been published. The Statement sets forth the Division’s opinion of the scope of currently-existing retention regulations. While a CAM…

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…

Boulders at Escalante-Foreseeability and Causation in Legal Malpractice Actions

  • July 9th, 2015
  • Miles Buckingham
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On June 18, 2015 the Court of Appeals issued its opinion in Boulders at Escalante LLC v. Otten Johnson Robinson Neff and Ragonetti PC, 2015 COA 85. The case carries significant implications for legal malpractice cases in Colorado. The case involves a developer who was sued by a contractor, and who…

Nemirow and Brown Author Chapters on Professional Liability in Colorado

  • May 4th, 2015
  • dflo
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The 2015 edition of Lawyers’ Professional Liability in Colorado – Preventing Legal Malpractice and Disciplinary Actions is now available. It includes contributions from Ronald H. Nemirow and Christopher P. Brown. Mr. Nemirow authored chapters on the client-lawyer relationship and witness preparation, and Mr. Brown co-authored a chapter on the tripartite relationship…

Colorado Court of Appeals Opinions: Soicher v. State Farm; McShane v. Stirling Ranch; L&R Exploration v. Grynberg

  • May 4th, 2015
  • dflo
  • Comments Off on Colorado Court of Appeals Opinions: Soicher v. State Farm; McShane v. Stirling Ranch; L&R Exploration v. Grynberg

The Colorado Court of Appeals recently issued a slew of opinions — three of which are of particular interest: Soicher v. State Farm 13CA2305 This opinion holds that an insurer must plead failure to cooperate as a separate defense or it is waived. In the course of the decision, the…

Nemirow recognized as Super Lawyer, and Brown a Rising Star

  • March 18th, 2015
  • Miles Buckingham
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The 2015 issue of Super Lawyers for Colorado identifies Ron Nemirow as a Colorado Super Lawyer, and Chris Brown as a Rising Star. Both were recognized in the ‘Professional Liability: Defense’ category. This recognition is a repeat performance for both Ron and Chris. Nemirow Perez is both lucky and proud…

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…

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