On December 18, 2014, the Colorado Court of Appeals issued an opinion in Southern Colorado Orthopedic Clinic Sports Medicine and Arthritic Surgeons, P.C. v. Weinstein. In the case, the Court of Appeals was asked to interpret a fee shifting provision which awarded the prevailing party “all attorneys’ fees.” In its opinion, the court held that, as a matter of public policy, any fee shifting provision must be interpreted to award only reasonable attorney fees and costs because, under Colorado law, lawyers are limited to receiving only “reasonable fees” for their work. See Colo.RPC 1.5.
Ron Nemirow, Nemirow Perez P.C.