Your Place or Mine?: The Burden of Proving Collectability of an Underlying Judgment in a Legal Malpractice Action

While burdens of proof at trial do not necessarily equate to the awkwardness of a come-on during a date, the question “your place or mine” is still relevant to both, at least in Colorado. This article examines the seemingly unanswered question lingering in Colorado law as to whether a legal malpractice plaintiff bears the burden of proving the collectibility of an underlying judgment in order to establish a prima facie case or whether a defendant bears the burden of proving collectability as an affirmative defense. Is it your place to prove it or mine?

Published by
Nicole M. Quintana

Recent Posts

Playground Safety Tips: Keeping the Kids Safe

As the weather warms up, our children spend more time on the playground. Alarmingly, playground…

5 days ago

Dissecting Bissonnette: Exploring its Implications and Impact on Employment Disputes

Dissecting Bissonnette Recent Supreme Court decisions have brought both clarity and complexity to arbitration agreements…

2 weeks ago

Reduce the Risk of Youth Sports Injuries This Spring

From baseball diamonds to soccer fields, every spring, young athletes across the nation lace up…

2 weeks ago

Just Drive: Tips for Avoiding Distracted Driving

Distracted driving is the number-one cause of car crashes in the United States. The NHTSA…

2 weeks ago

Staying Safe With Springtime Sports

Staying Safe With Springtime Sports As winter turns to spring, many of us (and our…

1 month ago

6 Crucial Things to Know About Brain Injuries

6 Crucial Things to Know Brain injuries are a critical health concern worldwide, affecting millions…

1 month ago