Colo. Supreme Court: Presence of 3rd Party Waives Attorney-Client Privilege
- December 6, 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…
Comparative Negligence and Hospitals
- December 23, 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…
Slack as a client communication tool: Bad idea or Worst idea?
- April 12, 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…
Guidance for HOA Managers re: Records Retention
- January 27, 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…
Colorado Supreme Court’s Baker Opinion Affirms Narrow Window of Liability for Attorneys
- January 20, 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…
Boulders at Escalante-Foreseeability and Causation in Legal Malpractice Actions
- July 9, 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…
Nemirow and Brown Author Chapters on Professional Liability in Colorado
- May 4, 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,…
Colorado Court of Appeals Opinions: Soicher v. State Farm; McShane v. Stirling Ranch; L&R Exploration v. Grynberg
- May 4, 2015
- dflo
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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…
Nemirow recognized as Super Lawyer, and Brown a Rising Star
- March 18, 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…
Colo. Supreme Court grants Cert. on three potentially important cases
- November 4, 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….