Embracing the Role of Local Pro Hac Vice Counsel in Denver

By | July 27, 2024

As an experienced Denver-based civil litigation attorney, I have had the privilege of acting as local pro hac vice counsel in Colorado on numerous occasions. This role, which allows an out-of-state lawyer to participate in a particular case with the permission of the court, has become one of the most fulfilling aspects of my practice. It’s a role I truly enjoy as a lawyer and colleague to friends around the country.

The Unique Appeal of Denver

Denver, with its vibrant legal community and unique local culture, offers a dynamic environment for litigation. The city is home to a diverse range of industries and legal issues, from high-stakes commercial disputes to complex intellectual property cases. This diversity not only broadens my professional experience but also enhances my strategic approach to each case. The opportunity to work in such a dynamic setting is both professionally rewarding and personally satisfying.

Collaboration with Out-of-State

One of the greatest joys of acting as pro hac vice counsel in Colorado is the collaboration with talented out-of-state attorneys. An out of state attorney with loyal client brings expertise, dedication, and collegiality. Working alongside them often allows me to gain deeper insights into their own local rules, procedures, and nuances that can significantly impact the outcome of a case. This partnership fosters a collaborative environment where knowledge and strategies are shared, ultimately benefiting our mutual client.

Navigating Local Court Systems

Understanding and navigating the local court systems in Colorado is a critical aspect of my role. Each jurisdiction has its own set of rules and expectations, and Denver is no exception. My experience in various courts across the state has equipped me with the adaptability necessary to meet these local demands effectively. Having taken cases to jury trial in some of the most rural jurisdictions to our state capital, adaptability ensures that our clients receive the best possible representation.

Enhancing Client Outcomes

Acting as local pro hac vice counsel in Colorado allows me to combine my extensive litigation experience and local expertise with partnering lawyers philosophy and client understanding creating a powerful synergy for my clients. I am able to bring a fresh perspective and innovative strategies to the table, while also leveraging the invaluable insights of co-counsel we can address both the procedural and specific legal aspects of each case comprehensively.

Commitment to Professional Development

Denver’s legal community is not only professional but also highly supportive as a center for nation-wide litigation of significant importance. Engaging in local pro hac vice cases here in Denver provides continuous learning opportunities, keeping me abreast of evolving national legal trends and local developments. This commitment to professional growth ensures that I remain at the forefront of litigation practice, providing my clients with cutting-edge representation.

Building Long-Term Relationships

One of the most rewarding aspects of acting as pro hac vice counsel in Denver is the opportunity to build long-term relationships with out-of-state attorneys and clients. These relationships are founded on mutual respect, trust, and a shared commitment to achieving a just result for our clients. Over time, these connections enrich my practice and enhance my ability to serve clients effectively across different jurisdictions.

Why I Do It

Acting as local pro hac vice counsel in Denver is an experience that I truly cherish. The opportunity to work in a vibrant legal environment, collaborate with skilled attorneys, and navigate the local aspects of our court systems enriches my practice and benefits my clients. I look forward to continuing to serve as a bridge between jurisdictions, bringing my litigation expertise in Denver to obtain national clients’ objectives.

If you require pro hac vice representation in Denver or would like to learn more about my services, please do not hesitate to contact me. I am here to ensure that you receive the highest level of legal expertise and dedication, tailored to the unique demands of your case.

Unlocking the Power of Mechanic’s Liens: Ensuring Payment for Contractors, Subcontractors, and Material Suppliers in Colorado

By | July 18, 2024

In the dynamic world of construction, payment issues are an unfortunate reality. Whether you are a contractor, subcontractor, or material supplier, not getting paid for your hard work can have serious financial repercussions. One powerful legal tool to ensure you receive the payment you deserve is the mechanic’s lien. In this post, we’ll explore the importance of mechanic’s liens and highlight why involving an attorney early in the process can be invaluable for securing your financial interests.

Understanding Mechanic’s Liens

What is a Mechanic’s Lien?

A mechanic’s lien is a legal claim against a property that has been remodeled or improved. It ensures that contractors, subcontractors, and suppliers are paid for the services and materials they provide. By filing a lien, you can secure a legal interest in the property, which can compel property owners, contractors and lenders to settle outstanding debts to avoid foreclosure.

The Power of Mechanic’s Liens

Mechanic’s liens are a robust tool for several reasons:

  • Priority in Payment: Once filed, a mechanic’s lien places you in a priority position for payment. This means that in case of a property sale or foreclosure, lienholders are among the first to be paid from the proceeds.
  • Legal Leverage: The threat of a lien can encourage property owners to resolve payment disputes quickly, or in some cases ensuring that the general contractor pays subs and material suppliers. Property owners typically want to avoid liens because they can complicate property sales and financing.
  • Extended Payment Protection: In Colorado, a properly filed lien can protect your right to payment even if the property owner files for bankruptcy.

Filing a Mechanic’s Lien in Colorado

Steps to File a Mechanic’s Lien

Filing a mechanic’s lien involves several critical steps:

  1. Preliminary Notice: In Colorado, subcontractors and suppliers must provide a Notice of Intent to Lien to the property owner at least ten days before filing the lien.
  2. Prepare the Lien Statement: The lien statement must include specific details such as the property description, and the amount owed.
  3. File the Lien: The lien must be filed with the county recorder’s office in the county where the property is located after notice was properly served in advance. Note: there are strict timeframes for serving and recording liens.
  4. Enforce the Lien: If payment is still not made, you may need to initiate a lawsuit to enforce the lien, typically within six months of filing.

Deadlines and Legal Requirements

Strict deadlines and legal requirements govern the filing and enforcement of mechanic’s liens. Missing a deadline or failing to meet legal specifications can invalidate your lien, leaving you without recourse for payment.

The Value of Involving an Attorney Early

Expertise in Construction Law

Navigating the mechanic’s lien process can be complex and daunting. An experienced construction attorney can provide invaluable assistance by:

  • Ensuring Compliance: An attorney will ensure that all legal requirements and deadlines are met, maximizing the validity and enforceability of your lien.
  • Strategic Advice: Legal experts can offer strategic advice on the best course of action to secure your payment, whether through negotiation or litigation.
  • Document Preparation: Proper documentation is crucial. An attorney can help prepare accurate and comprehensive lien statements and notices.

Avoiding Common Pitfalls

Several common pitfalls can undermine the effectiveness of a mechanic’s lien:

  • Incorrect Information: Errors in the property description or amount owed can invalidate a lien.
  • Missed Deadlines: Failing to file or enforce a lien within the required timeframes can render it unenforceable.
  • Improper Service: Not properly serving the property owner can also invalidate a lien.

An attorney can help you avoid these pitfalls, ensuring that your lien is filed and enforced correctly.

Negotiation and Litigation Support

Sometimes, filing a lien is not enough to prompt payment. In such cases, an attorney can:

  • Negotiate Settlements: Attorneys can negotiate with property owners and their representatives to reach a fair settlement without resorting to lengthy litigation.
  • Represent You in Court: If litigation is necessary, having an experienced attorney by your side can significantly increase your chances of a favorable outcome.

Conclusion

Mechanic’s liens are powerful tools for ensuring that contractors, subcontractors, and material suppliers get paid for their work. However, the process of filing and enforcing a lien can be complex and fraught with potential pitfalls. Involving an experienced construction attorney early in the process can provide critical support, ensuring that your lien is properly filed and enforced, and ultimately securing the payment you deserve.

If you are facing payment issues on a construction project in Colorado, don’t wait. Contact a knowledgeable construction attorney to discuss your situation and take the first step toward securing your financial interests. Remember, timely action and expert legal guidance are key to unlocking the full power of mechanic’s liens.

Using and Being Local Counsel

By | September 1, 2019

Over the past year I was retained as local counsel on two matters here in Colorado and retained local counsel (on behalf of clients) twice to assist with matters in out-of-state venues. One case involved my obtaining pro hac vice status for my co-counsel here in Colorado, and another where I was admitted pro hac vice in a state where I am not licensed to practice law.

You need a good pathfinder when you travel away from home. A good local counsel will know more than the written and the unwritten rules—she will know the people.

Article: The Indispensable Local Counsel (American Bar Association)

Multi-jurisdictional practices and governance of lawyers means different rules in different venues limit what out of state lawyers can do with or without a license. In Utah, where I attended a mediation this year with a business client, to assist a client in a one-time ADR is not considered unauthorized practice of law in the state so long as I was not opening an office or trolling for clients while I was in Salt Lake City.

Co-counseling on cases locally in Colorado and working with out of state lawyers admitted or seeking to be admitted pro hac vice in Colorado continues to be a rewarding professional experience. I am looking forward to such collaborations in the future.

Local Counsel’s Job is to Not Screw Up

By | February 19, 2017

“The job of local counsel is to make sure that the out-of-state-guy doesn’t screw the pooch on rules of procedure. And here, the rules of procedure were clear: It was unnecessary (and damaging) to have Melania confess her true motives of using the White House for profit, and unnecessary to potentially subject her to sanctions for an impermissible ad damnum clause.”

From blog post by New York Personal Injury Attorney Eric Turkevitz of the Turkevitz Law Firm. The post analyzes the statements on damages contained in the defamation lawsuit suit filed on behalf of Melania Trump in Manhattan, criticizing the attorneys’ decision to claim the loss of “multimillion dollar business relationships” and the “once-in-a-lifetime opportunity” to cash-in on being First Lady as unnecessary allegations that should have been avoided by local (pro hac vice) counsel due to the negative news coverage the statements received.

Maximizing Returns when Using a Colorado Commercial Collections Attorney

By | December 20, 2016

 

 

Winning a commercial collections case requires strong case management from the outset. Clients wishing to maximize the value of their case are integrally involved and view their time spent with us on their case as an investment in the future of their business. Our business clients’ time is helpful to us in many ways, and those that participate as outlined below truly maximize their outcomes and return on their dollars spent on attorney services.  Illustration with flag in map on grunge background - Colorado

We ask our business collections clients to begin by cataloging documents and other factual information: correspondence, business records, personal recollections. The business owner knows their operations better than we ever will. The business owner understands their records and can interpret them in ways we never could, and more efficiently than we are able. The client knows the context of the discussions around most documents. Using this initial set of documents and the client’s prepared “executive summary” (personal recollection and timeline), our office assists the client in identifying and gathering other important documents that may be in the hands of third parties (phone records, bank records, building department files, etc.) as we mount further evidence to build the commercial collection file.  

We also ask that our clients assist in the early evaluation of the case by providing unfavorable information upfront. It will inevitably turn up later or be raised by the defense. Most commercial collection cases have some detrimental facts or negative components, whether it is an outright counterclaim, defense or simply a challenge to proving the amount owed (e.g., proof of work provided or goods delivered).

Sometimes raising the negative issues with us is embarrassing. But we understand from the outset that much of what is said in defense of a commercial collection claim is posturing. Our job is to help the business overcome those defenses, and maintain the value of the claim. The business owner may be embarrassed that they’re speaking with an attorney about a collection case at all. Because something went wrong, at some level, the company is owed money. The right business decision is in selecting efficient and experienced commercial collection counsel that can guide you through the process. We’re not looking back on such past mistakes, but looking forward for recovery and maximize return on the business investment in us. For clients that are interested we often debrief at the conclusion of the case or if other concurrent matters are ongoing, advise our clients as to how to change business practices to mitigate against the need to hire us the next time.    

As to why the business needs to hire an attorney to collect a debt, we’ve seen virtually all reasons. Maybe the AR was let  out too long, or too much work was performed without assurances of payment or proof of the company’s client’s ability to pay to begin with. Maybe there was doubt at the outset as to whether the customer or client could pay at all. Where these issues remain relevant in collection litigation and need to be revealed are in the focus on collecting a successful judgment. Even if there are no negative facts, we must realistically assess the ability of the defendant to pay if the dollars spent on litigation are to be viewed as an investment by the business client as they well should.

Examples of negative circumstances and facts that should be discussed at the outset are:

  • Whether there have been any allegations of defects or deficiencies.
  • Whether there has been any history of defects or deficiencies.
  • What were the discussions and representations made about the quality of the work or the amount of work to be performed.
  • Whether there are emails or text messages surrounding these discussions.

Above is just a small sampling of the issues that are important to discuss at the outset of the commercial collection litigation case.  Our clients’ investment of their time, energy, and knowledge starts in the initial case evaluation—it is only by investment of these resources that makes the financial investment well-spent.  It will not only help prove your company’s case, it will increase its overall value to be prepared and demonstrate confidence in the collection claim in light of any minor weaknesses.

Vigorous Legal Writing is Concise

By | November 24, 2016

Vigorous writing is concise.

-Strunk and White (Third Edition, 1979)

The Colorado Rules of Civil Procedure have varied in its recommended length of court-filed motions and briefs in civil litigation. I’ve always figured that the judges know what they think, and what they want, when it comes to the piles of paper we litigators throw at them. I also know that our Colorado district court judges do not have the level of law clerk support as that found in the federal courts.

C.R.C.P. 121 Sec. 1-15 has varied over recent years, suggesting 15 pages be the maximum, then amending that language to encourage greater brevity stating, “Motions or briefs in excess of 10 pages in length… are discouraged” (emphasis added).  Going from 15 pages (often a challenge) to 10 was an encouragement from the courts I attempted to take to heart. That the pleadings in excess of 10 pages were merely discouraged (not a mandatory cap), sometimes my pleadings drifted over the mark. I attempted to make that a rare occurrence.

Today, the rule in Colorado litigation is hard-and-fast. Without the court’s permission otherwise, ordinary motions and briefs are limited to 15 double-spaced pages (not more than 4,000 words) and reply briefs are limited to 10 pages (but not more than 2,500 words).  Motions for summary judgement are limited to 25/15 pages respectively.

While federal district court judges in Colorado have their own standards, the reasoning for limiting the length of motions and briefs is the same.  If the reasons are not clear, this benchslap from from U.S. District Court Judge R. Brooke Jackson as reported recently in the Aspen Times pretty much sums it up:

…please understand many, many lawyers believe their issues are so important and difficult that more pages are needed. What they don’t realize or won’t accept is that judges do not agree. With the volume of cases and motions presented to this court, I frankly do not have the time and perhaps not the patience to wade through 44-page briefs. If you can’t explain your position and provide citations to the key authorities in 15 pages, then in my view the problem is yours. A longer brief is not a more persuasive brief, either in general or in this case. If anything, it makes me wonder whether you really do have a good, clear legal argument.

The red-lines for the 2016 rule change is here and below:

2016-colorado-litigation-motions-and-brief-length-changes

 

Preferential Trial Dates for Colorado Civil Litigation

By | May 4, 2016

The long, slow grind of civil litigation was recognized decades ago by the Colorado General Assembly in enacting Section 13-1-129, C.R.S. (originally enacted in 1990).  Things have only gotten worse.

Recent statistics I’ve reviewed from the U.S. District Court for the District of Colorado in Denver reveal that the average civil litigation docket involving at least one discovery dispute is over two years from filing to trial.  I estimate no less than ten months to trial for business litigation in Colorado state courts assuming the case can get underway and months are not consumed on the front end dealing with motions to dismiss.  My experience is that the Colorado judiciary’s goal to get a civil cases to trial in Colorado state court within a year is merely aspirational, particularly in complex civil litigation requiring trial settings of greater than 5 days of trial.  In such cases I expect 12 – 14 months out for a trial date.

The statute referenced above, titled “Prudential trial Dates,” directs the district courts in Colorado to set a civil trial date no more than 119 days out for individuals in the following categories:

  • individuals at least 70 years of age upon a finding of the court that the claim brought in the civil litigation is meritorious (in such cases the court “may” grant the motion);
  • individuals able to demonstrate by “clear and convincing medical evidence” that that raises a “substantial medial doubt of survival of that party beyond one year” and the court is otherwise satisfied that an expatiated trial setting serves “interests of justice” (in such cases the court “shall” grant the motion).

While the above applies only to individuals,  such may be implicated in Colorado commercial litigation where principals, owners, or individuals doing businesses under a “d/b/a” are parties to business lawsuits.  Once the trial date is set, the case is on a pure rocket docket, the Colorado General Assembly specifically directing that all accelerated litigation and procedural deadlines be held firm:

The court shall establish an accelerated discovery schedule in all such cases. No continuance shall be granted beyond the one-hundred-nineteen-day period except for physical or mental disability of a party or a party’s attorney or upon a showing of other good cause. Any such continuance shall be for no more than one hundred nineteen days, and only one such continuance shall be granted to a party.