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December 13, 2011
What Do You Do?: Making Sense of My New Profession
December 13, 2011
Telephone Record Theft
General
What Do You Do?: Making Sense of My New Profession
Posted by: Sean Goodbody
December 13, 2011
"And what do you do?"
Until very recently, I never had a good answer for that question. I've had answers, for sure, but never very interesting answers, and never about anything permanent. (There's only so much people want to hear about my being a student, an intern, or someone "just working here for the summer.")
But since late October, I finally have a definite answer: "I'm a lawyer."
It took four years of college and three years of law school (and a whole lot of tests) to be able to say that. Law professors told us - and we law students told each other - that passing the bar exam and getting sworn in as an attorney would feel wonderful. And it has.
But I've noticed something they never taught us in law school: when you tell someone, "I'm a lawyer," there's a decent chance that they'll cringe, and then tell a joke that begins, "So there's a busload of lawyers driving towards a cliff..."
Alexis de Tocqueville, the French admirer of 19th-Century American democracy, said that lawyers
Telephone Record Theft
Posted by: Damon Davis
December 13, 2011
The News of the World scandal involving phone hacking by the Rupert Murdoch owned paper, raises questions regarding the legal protection of telephone records. The scandal involved telephone hacking into the voicemails of crime victims and military families. Colorado makes it illegal for persons to obtain the telephone records or sell the telephone records of another. Section 18-13-125, C.R.S. The sale or purchase of such records is a misdemeanor.
Additionally, Colorado law permits an individual whose telephone records have been traded to bring a lawsuit. Section 13-21-122.5, C.R.S. Such a suit may be brought under the lower preponderance of the evidence standard, even if the perpetrators have not been found guilty of a crime. Section 13-21-122.5(1), C.R.S. The plaintiff may recover actual damages, including "to reputation or credit rating, punitive damages, and attorney fees and costs."
LIENS & SUBROGATION
Posted by: Daniel R. Robinson
November 29, 2011
In the boring but important category of law is the subject of liens and subrogation.
Subrogation is the substitution of one person or entity in place of another with reference to a lawful claim, demand or right. For example, say you have medical insurance through your employer. In that policy there is most likely a provision that gives your insurance company the right to claim a subrogation interest against another third party when your insurance company pays money on your behalf. So, should you be injured in an accident and recover damages in a settlement, your insurance company can assert an interest in your settlement proceeds. This is often (incorrectly) referred to as claiming a lien interest. More accurately, it is a subrogation interest.
Liens are usually creatures created by statutes, such as those granted to Medicare, Medicaid and Hospitals, and there are other liens that come from Judgments and Federal Agencies, like the Department of Treasury (I.R.S.).
A problem can arise that if you are in an accident, the amount of medical bills you accumulate may exceed the amount of the settlement. If that happens, are you then liable for the remaining unpaid bills? The answer is, Yes. However, Colorado has adopted
Where Were You On 9/11
Posted by: Keith Killian
November 11, 2011
09/11 Speech -Stocker Stadium
WHERE WERE YOU ON 9/11
Where were you on 9/11? I was preparing for a closing argument in a jury trial. I was so focused on the task that nothing could divert my attention, nothing but the destruction of two of the most prominent buildings in the world. Suddenly the trial was less important. We watched transfixed as CNN televised the destruction and human tragedy. Later that day, my daughter called me just to tell me she loved me. We like so many others on that day, just wanted to talk to our loved ones.
The images of 9/11 are burned into our minds like those of the assassination of President John F. Kennedy in November 1963, the take off explosion of the Space Shuttle Challenger in January 1986 and the Columbine High School Massacre in April 1999. 9/11 now rivals the significance of a tragic date for another American Generation, December 7, 1941, known as The Day of Infamy. It was the date the US entered WWII, the bombing of Pearl Harbor.
Why do people bring lawsuits?
Posted by: Damon Davis
September 13, 2011
Why do people bring lawsuits? The answer to that question is personal to each plaintiff. Some bring lawsuits because of an intensely personal loss for which they seek justice. Others bring a suit because they perceive a wrong they wish to change. For most personal injury plaintiffs, however, the answer is that their injuries have caused them to incur bills and miss work. They sue because they need money to make up for these losses.
Prospective plaintiffs will sometimes say things like, "I do not like lawsuits, but I'm not like those other guys, I'm actually hurt." This turns out to be true of most plaintiffs who actually bring lawsuits--it is not worth the time and effort to bring a lawsuit if you are not actually hurt. The vast exchange of information that is a part of modern litigation means that faking an injury is not worth the effort, because it will be found out in the end. While there may be a dispute about the extent of an injury, or whether future treatment will be needed, there is rarely a genuine dispute that an injury occurred.
The reason people bring lawsuits also has to do with
The Appellate Process - Part 3 of 3
Posted by: Damon Davis
February 25, 2011
The procedure for an appeal is rather straight forward, and less exciting then that for a trial. The parties begin by filing a notice of appeal, typically to an intermediate appellate court. In federal courts this is the circuit courts such as the Tenth Circuit Court of Appeals. In the State of Colorado it is the Colorado Court of Appeals. After filing a notice of appeal the parties will be given a briefing schedule. The losing side will first file a brief giving its reasons why the trial court was wrong. The prevailing party will then respond, explaining why the court was correct. Lastly, the losing side will have a final chance to reply to the arguments made by the prevailing party.
The parties may then have oral argument at which they will appear before the court and give their arguments in person. At oral argument the judges have an opportunity to question the lawyers. This allows the judges to
The Appellate Process Part 2 of 3
Posted by: Damon Davis
January 10, 2011
With respect to appeals some people will argue that trial judges are supposed to be highly qualified and they should not make legal mistakes to begin with. However, this is unrealistic. Everyone makes mistakes sometimes. Additionally, the law is often complicated and unsettled. There are two able advocates each trying to convince the judge to go his or her way. Therefore, it should be expected that judges will make mistakes from time to time. To help remedy this issue on appeal, almost all appellate panels are made up of multiple judges. Commonly, judges sit on three, seven, or nine judge panels, depending upon the court. This allows
The Appellate Process Part 1 of 3
Posted by: Damon Davis
October 08, 2010
Many people are confused about what happens to a case on appeal, or with the appellate practice in general. Sometimes people will be heard complaining about the number of appeals criminal defendants get or questioning why we even need an appeals process. In a short series of blogs I will attempt to explain the appellate process.
There are many depictions of trial in television, movies, and books which are more or less accurate, but far fewer depictions of the appellate process. The simplest explanation for the difference between an appeal and a trial is that trials are for the purpose of determining disputes of fact while appeals are to determine disputes of law. As the parties go through the trial process, whether criminal or civil, the ultimate purpose is to resolve a question of fact between them. This might be whether so and so committed a crime, or whether someone else caused an automobile accident. Throughout this process the trial judge
What exactly is a frivolous lawsuit?
Posted by: Damon Davis
June 08, 2010
Many people talk about frivolous lawsuits. The subject of frivolous lawsuits comes up on the news and even in ordinary conversation. However few people talk about what a frivolous lawsuit actually means. To understand the topic of frivolous lawsuits, one must understand what "frivolous" actually means in the context of a lawsuit. People often use the term incorrectly, which can lead to confusion of the issues.
Some people use the term "frivolous lawsuit" to refer to a successful lawsuit on a law which they disagree with or do not like. However this is incorrect
