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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.

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.

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.

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 Colorado Supreme Court and Court of Appeals present a valuable program providing public look inside the appellate advocacy process.   As described by the Court’s website,

In the program, Courts in the Community, each court travels at least once a year to a different high school to hear oral arguments in two actual cases at each location. In fall 2015, the Colorado Supreme Court will visit East High School in Denver, and divisions of the Colorado Court of Appeals will hear arguments at the Denver School of Science and Technology and at Rangeview High School in Aurora.

The briefs (including amicus breifs) are available for students online, and these actual cases are argued. The two cases set for argument on September 29th  at Denver’s East High School are a case involving an avalanche in-bounds at Winter Park and a criminal case addressing sufficiency of evidence.

When I was in law school at CU, panels of the Tenth Circuit and the Colorado Court of Appeals sat for arguments and students were invited to attend.  It was certainly one of the most memorable and valuable days of law school, as I imagine this will be for these high school students as well.  It is an important outreach effort, and one that I think deepens the public’s information base and knowledge of the judiciary and the adversary process, in both civil and criminal context and the importance litigation to addressing important questions of law. The Court is applauded for this program, and I’m happy to read about its longevity and the Court’s commitment to its sustained future.