James E. Fogg
Listens, Plans, then Executes

Ogborn Mihm, LLP

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James Fogg is a rising trial attorney who practices primarily in the areas of business, legal malpractice, personal injury, and trust and estate litigation. James recognizes that clients come to him because of problems that they cannot solve on their own and that every problem is unique. He prides himself on listening to his clients, developing a keen understanding of the issue, and crafting an approach that makes sense, both legally and financially. Then he works hard to execute the plan and achieve the results his clients deserve. For example:

  • When several privately held companies refused to repay an investor the start-up funds he had lent to them, James represented the investor in contentious AAA arbitration and second-chaired the hearing that produced a $1.9 million award for his client. When the defendants challenged the award and refused to pay, James played a key role in successfully defending the award, obtaining additional attorneys’ fees for his client, and securing a favorable post-judgment settlement.
  • When a business-partner-turned-competitor trapped a client’s valuable machinery in a warehouse, James litigated claims for replevin, breach of contract, a breach of fiduciary duty, to secure not only the return of the equipment, but also a six-figure settlement for his client.
  • When a Colorado company sought over $600,000 in attorneys’ fees it had incurred litigating an insurance bad faith lawsuit, James played a crucial role in defeating the insurance company’s challenges to the fee petition, establishing the reasonableness of the attorneys’ fees claimed, and securing a judgment for every dollar of attorneys’ fees his client requested.
  • When a car rammed through a wall and injured a client at work, James helped the client recover over $400,000 from the other driver’s insurance company and her own underinsured motorist insurance carrier.

James understands the value of hard work. He started his legal career as a file clerk nearly a decade ago and has worked his way up through the ranks using his intensity, analytical skill, and attention to detail. He obtained dual degrees from the University of Colorado at Boulder and received his law degree from the University of Denver’s Sturm College of Law where he excelled on the school’s mock trial team and graduated, with honors, in the top 3% of his class. After law school, James served as a judicial law clerk for the Hon. James S. Casebolt on the Colorado Court of Appeals and, prior to joining Ogborn Mihm LLP, worked as an associate at a renowned Denver litigation firm where he represented clients in multi-million dollar disputes.

James also understands the importance of giving back and is a rising leader in the legal community. In addition to his active participation in a number of organizations, James currently serves in the following roles:

  • Treasurer, Executive Council, Colorado Bar Association Young Lawyers Division
  • Co-Chair, Commercial Litigation Committee, Colorado Trial Lawyers Association
  • Member, Young Professionals Committee, Colorado Judicial Institute

James is a Denver-area native and the son of a trial lawyer and a speech pathologist. When not at work, you will find James spending time with his wife, Becca, fly-fishing a mountain stream with his dog, Gus, or searching for his golf ball.


Areas of Practice

  • Business Litigation
  • Legal Malpractice
  • Trust & Estates Litigation
  • Personal Injury


  • University of Denver, Sturm College of Law, J.D., Order of St. Ives
  • University of Colorado at Boulder, Dual B.A., Magna cum Laude


  • Colorado
  • United States District Court for the District of Colorado
  • Tenth Circuit Court of Appeals


Publications and Blawg

  • Co-Author, with McClenahan, P., Chapter 8.7, “Lawyer Disqualification,” in LAWYER’S PROFESSIONAL LIABILITY IN COLORADO, 2017 Ed. (Michael T. Mihm ed., CLE in Colorado, Inc.).


  • Speaker, “Disqualification of Counsel,” CLE in Colorado, Inc. (February 2017).

Professional Successes, Professional Development, and Bar Association Involvement

  • Colorado Super Lawyers, Rising Star, 2018 to Present
  • Treasurer, Executive Council, Colorado Bar Association Young Lawyers Division, 2018 to Present
  • Co-Chair, Commercial Litigation Committee, Colorado Trial Lawyers Association, 2019 to Present
  • Member, Colorado Bar Association Young Lawyer Strategic Task Force, 2019 to Present
  • Member, Young Professionals Committee, Colorado Judicial Institute, 2018 to Present
  • Member, Board of Governors, Colorado Bar Association, 2018-2019
  • Member, Budget Committee, Denver Bar Association, 2018-2019
  • Chair, Executive Council, Denver Bar Association Young Lawyers Division, 2017-2018
  • Trustee, Board of Trustees, Denver Bar Association, 2017-2018


As an avid fly-fisherman, James volunteers his time to Project Healing Waters, a program dedicated to getting injured military service personnel on the water as a part of their rehabilitative process.



James E. Fogg

James E. Fogg
James E. Fogg


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