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Colorado Supreme Court references Nemirow testimony in complex ethics case

  • October 21, 2014
  • Miles Buckingham
  • Comments Off on Colorado Supreme Court references Nemirow testimony in complex ethics case

In a September 9, 2014 opinion, People v. Hoskins, 2014 CO 70; 333 P3d 828 (Colo. 2014), the Colorado Supreme Court cited testimony from Nemirow Perez Shareholder, Ron Nemirow, who was serving as the defendants’ legal ethics expert. Nemirow’s opinion was included in the Supreme Court’s reversal of an order from the Jefferson County District Court disqualifying criminal defense counsel in a marijuana case. The opinion holds that the Trial Court erred in disqualifying defendants’ defense lawyer for an alleged conflict of interest with a former client under Colo.RPC 1.9(a).

The underlying case involved a criminal charges against a former owner of a medical marijuana clinic and against the clinic, among other defendants. The lawyers for the former owner had represented the clinic while the former owner had owned it. The disqualification, which was initiated by the prosecution, was reversed by the Colorado Supreme Court which agreed with Nemirow that the prosecution had not established that the owner’s interests were adverse to those of the clinic; or that disqualification would accomplish anything, since the former owner had access to the same confidential information. It was this knowledge which the prosecution claimed warranted the disqualification of the defense lawyer. Nemirow noted in his opinion that any successor lawyer who represented the owner would have access to the same information.

In addition to significant experience representing attorneys in malpractice cases and trials, the attorneys of Nemirow Perez can assist you, or your clients, address complex ethical issues in the context of grievances, conflict consultations, and compliance issues.

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