May 12, 1999

In attendance were John Wheeler, Michael Canges, John Phillips, Daniel McCune, Robin Beattie, Jerre Dixon, Heather Burkham, Christopher M. Buckman, Reba Nance, and Michael Mihm, Committee Chair.

John Phillips reported on the plans for the committees program this fall at the CBA convention. The Committee will have 3 hours from 8:30 a.m. until noon. The topic will be "Adoption of Restatement of Law Governing Lawyers." Professor Thomas Morgan, of Brigham Young University Law School, will be a keynote speaker and talk about the conflicts of interest issues (Chapter 8), Michael Mihm will talk on Lawyers' Civil Liability (Chapter 4), John Palmeri will talk about Responsibility/Liability to Third Parties, David Little will talk about Client Responsibilities. Ted Fiflus will close by talking about the impact of the restatement on corporate practitioners. The committee discussed whether we need to bring in someone from the Trust & Estates practice to talk about impact on Trust and Estates lawyers. Reba Nance, John Phillips, and Michael Mihm will follow up on that issue.

Heather Burkham reported on the July issue of the "Whoops." Michael Canges is going to prepare an article on the pros and cons of adding an arbitration clause to a fee agreement.

Reba Nance reported on the malpractice prevention seminars put in at the law schools. Only four students attended the program at the University of Colorado; the timing may have been a problem as it was several weeks before final exams. The program at the University of Denver law school was somewhat better attended--twenty to twenty-five students--however, because of a snowstorm that day, many of the speakers were not able to make the program.

Reba Nance reported on the bar association's plans in putting together a "lawyer to lawyer" directory which will provide a de facto mentoring source for young lawyers. The Committee discussed at length (a) whether the Committee should sponsor this program and (b) potential liability issues to lawyers who participate in the program. The Committee will continue to consider the matter.

Reba Nance reported that the Bar Association is planning a "Tuesdays at the Bar Association" program in which every Tuesday at noon there will be a CLE program for a minimal charge. There will be a need for approximately 50 such programs a year. The Committee discussed that a number of the programs that this Committee puts on may from time to time be appropriate for this Tuesday CLE.

Chris Buckman reported on developments at Coregis/Westport. Madeline Martin, who was in charge of the lawyers' liability program for Colorado, has retired. Fred Fontaine has moved to T.I.G. and Terry Oderkirk has replaced Fred. Jerry Woolard is still president of Coregis and manages the company from Kansas City.

Chris Buckman reported on the acquisition of Sedgwick James by Marsh McClanahan.

The Committee discussed Coregis/Westport's developments on renewing applications over the internet.

The committee is unaware of any recent legal malpractice decisions from the Colorado Appellate Courts.

There being no further business, the Committee adjourned.

Minutes by Michael T. Mihm