Legal Practice

What can a small business do if someone breaches a contract? Learn more about the basics of breach-of-contract remedies in this post.

In Ravenstar v. One Ski Hill Place, the Colorado Supreme Court explores certain liquidated damages contract clauses. Learn what liquidated damages are and whether they are valid.

What does it mean for someone to be under a “legal disability” for tolling Colorado’s statute of limitations? A recent case from the Colorado Court of Appeals explains.

A multi-chapter resource about what you should do if your opponent files a frivolous appeal: Part One of this series outlines how to spot a frivolous appeal and discusses how the Court is likely to respond to it. Part Two discusses how to avoid filing a frivolous appeal and how to respond if you are on the other side of one.

Responses to: Why would my case go up on appeal? Do I have to respond to an appeal? How do I find an appellate attorney? What happens after the Notice of Appeal is filed? and more...

Although it is important that an appellate brief be artfully drafted, victory on appeal may turn more on whether trial counsel had the forethought to ensure that an issue was preserved. This article reviews the general rules regarding preservation and explores the narrow exceptions to that rule that have been recognized by Colorado appellate courts. It then provides some practical suggestions for preparing for appeal during trial and beyond.

This article was originally published in the Pikes Peak Lawyer, October 2015, the official publication of the El Paso County Bar Association. Read More→

I started my legal career with several years clerking at the Colorado Court of Appeals, and appellate law is one of my practice areas. I usually work as co-counsel with trial attorneys who feel less comfortable with appellate briefs. Recently, the Colorado Court of Appeals issued a 3-0 opinion in my client’s favor. This got me thinking about principles for practicing appellate law and winning as often as reasonably possible.

Plaintiffs and defendants both need to have an idea how much a case is worth. If you are thinking about filing a case as a plaintiff, you need to know if it will be worth going through the hassle, emotional stress, and costs. You need to know whether you should settle, and for how much, or if you should take the case to trial. If you are a defendant, you need to know what kind of financial impact the case could have. You must know what you are up against, when a settlement offer is reasonable, and when it is too much to pay.