Credibility in the Courtroom
I was in a mediation recently with a retired judge as the mediator. He is a respected jurist that served for more than 40-years in various judicial roles. During the downtime between the long back and forth of the mediation, we talked about his time on the bench, the cases he decided and the lawyers…
Real Estate Deals Gone Bad
While most people today use a mortgage to purchase commercial and residential real estate, there is an anachronism still used today to buy real estate without a mortgage. It’s commonly referred to as a “contract for deed”, “installment land contract” or sometimes a “land sale contract.” The purpose of these real estate agreements is…
When Out of State Companies Can’t Sue in Colorado
There is a scenario where an out of state company can’t sue in in Colorado. Colorado law prohibits an out of state company from defending or maintaining a lawsuit against a Colorado resident unless they have filed certain paperwork with the Secretary of State: No foreign entity transacting business or conducting activities in this state…
Modern Law and Why it’s Important
I recently spoke at an event about the Modern Law Practice Initiative (MLPI) of the Colorado Bar and why it’s important. However, a Silicon Valley entrepreneur succinctly summed up the problem with the current state of the delivery of legal services much better than I could: I’ve basically been an involuntary power user of every…
Exceptions to Forced Arbitration in Colorado
Often, a contract will include a provision that requires the parties to resolve their dispute through binding arbitration. This means that you’ve waived your right to file a lawsuit and present your case to a judge or a jury. In Colorado, arbitration of disputes is favored and courts will enforce an unambiguous arbitration clause. There…
Derivative Action on Behalf of an LLC
Sometimes a LLC may refuse to take legal action to pursue a legal claim of the LLC. A derivative action allows a member of the LLC to sue on behalf of the LLC when it refuses to act. The general rule is an individual member of an LLC cannot maintain a personal action against a…
