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Colorado Supreme Court Opinions
October 22, 2012

2012 CO 61. No. 11SC265. Melat, Pressman & Higbie, LLP v. Hannon Law Firm, LLC.
Quantum MeruitRecovery From Former Co-Counsel—Time of Accrual—Statute of Limitations—Contingent Fee Agreements—CRCP Ch. 23.3.

The Supreme Court held that, where multiple attorneys are co-counsel in a contingent fee agreement, CRCP Chapter 23.3 does not bar a withdrawing attorney from pursuing a quantum meruit action against former co-counsel for a share of attorney fees obtained in the case, even though that attorney is barred from pursuing such an action against the former client. The claim accrues at the time the withdrawing attorney knows or should know of the occurrence of the settlement or judgment that will result in the payment of attorney fees.

2012 CO 62. No. 11SA219. In re Garcia v. Schneider Energy Services, Inc.
Commencement of Proceedings—Notice—Relation Back—CRCP 15(c).

In this original CAR 21 proceeding, the Supreme Court reviewed the trial court’s grant of summary judgment after it found that seventy-one days was not a reasonable time for purposes of “relating back” an amended complaint under CRCP 15(c). Pursuant to Dillingham v. Greeley Publishing Company, 701 P.2d 27, 31 (Colo. 1985), the proper measure for relation back under CRCP 15(c) is the time between the filing date of the original complaint and the date when the party related back receives notice—in this case, 116 days. Accordingly, the trial court’s judgment was vacated.

Colorado Supreme Court Opinions