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Michael Mihm believes that clients are best served by both tenacious representation and unfailing professionalism, and that the two concepts are not inconsistent. As a trial attorney, Michael handles large, complex and, often, highly charged business and legal malpractice cases.

How Lawyers Should Approach Situations Posing Possible Conflicts of Interest-- Generally

This is the 10th and final of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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Imputed Conflicts of Interest

This is the ninth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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6929 Hits

Client Consent to Conflicts of Interest

This is the eighth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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8136 Hits

Positional or "Issue" Conflicts

This is the seventh of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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6179 Hits

Conflicts With Former Clients

This is the sixth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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11258 Hits

Conflicts Between a Lawyer's Personal Interests and a Client's Interests

This is the fifth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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18877 Hits

Conflicts of Interest Among Clients

This is the fourth of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm.

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General Principles of Colorado's Conflict of Interest Rules

This is the third of a series of articles, based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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3913 Hits

What is a Conflict of Interest and What Conflicts of Interest Really Matter

This attorney conflict of interest blog post is based on a chapter from the 2015 edition of Lawyers’ Professional Responsibility in Colorado by attorney Michael T. Mihm, discussing the current law of conflicts of interest as it applies to Colorado lawyers. It draws upon the Colorado Rules of Professional Conduct; the former Colorado Rules of Professional Conduct, effective through December 31, 2007 (former Colorado Rules or former Colo. RPC); Colorado appellate decisions; ethics opinions; the ABA Model Rules of Professional Conduct; the Restatement (Third) of the Law Governing Lawyers (Restatement); and other resources.

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Policy Considerations Behind The Conflict of Interest Rules

The rules regulating lawyers’ conflicts of interest arise out of a number of competing policy concerns. These policy concerns tacitly acknowledge that lawyers are human, and thus vulnerable to the human temptation to put one’s self-interest above another interest, when our job as lawyers is to put our client’s interest ahead of all others, including our own.

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Did Your Lawyer Have A Conflict of Interest?

A series of articles explaining one of the more common legal malpractice claims

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 10)

Rule of the Road No. 10: A trial lawyer must treat clients with respect.

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 9)

Rule of the Road No. 9: A trial lawyer must take care of his or her physical and mental health.

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 8)

Rule of the Road No. 8: A trial lawyer must never “borrow” from a trust account.

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 6)

Rule of the Road No. 6: A trial lawyer must have written fee agreements.

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 5)

Rule of the Road No. 5: A trial lawyer must disclose and resolve conflicts of interest, or withdraw.

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 4)

Rule of the Road No. 4: A trial lawyer must tell the client the truth.

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 3)

Rule of the Road No. 3: A trial lawyer must effectively communicate with clients.

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 2)

Rule of the Road No. 2: A trial lawyer must be diligent.

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10 Rules of the Road for Trial Lawyers - Protecting Clients and Preventing Legal Malpractice (Rule 1)

Many of us have adopted and adapted Rick Friedman and Patrick Malone’s seminal Rules of the Road™ concepts for preparing and trying our tort cases1. In this article, I borrow the “Rules of the Road” metaphor to examine how we may better protect our clients and ourselves by both managing our practices and preventing legal malpractice claims. You have heard or read much of what follows before; none of it is new. However, from time to time it is helpful to remind ourselves of the basics of malpractice prevention and its corollary, client protection. Just as airline pilots review pre-flight checklists before every flight even though they have gone through the routine hundreds of times, it is helpful for experienced trial lawyers to review risk management checklists to remind us to do those things that we need to do to protect our firms and our reputations and, most importantly, to protect our clients.

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