Emily R. Fiscus

Associate

As a successful trial attorney, Emily Fiscus excels in the courtroom. Emily has established a winning track-record after litigating approximately 30 trials to verdict. She has litigated hundreds of hearings, secured numerous acquittals and dismissals, prepared countless cases for trial, and knows what it takes to win—all while keeping a client-centered approach at the heart of her practice. Emily prides herself on truly listening to her clients, and takes great honor at the privilege to stand shoulder-to-shoulder with them to provide sound counsel, zealous advocacy, and excellent representation.

Areas of Practice

  • Civil Rights Litigation
  • Criminal Defense
  • Employment Litigation
  • Personal Injury & Wrongful Death
  • Whistleblower & Qui Tam

Education

  • Emory University School of Law, J.D., with honors
  • University of Colorado, dual B.A. in Psychology and Sociology

Bar Admissions

  • Colorado
Experience

When a tenured university professor blew the whistle and reported research misconduct, his employer retaliated against him and suspended him without pay for two months. Emily took a lead role in relentlessly advocating to right the wrongs her client suffered. Through persuasive demand letters and tireless negotiation, Emily and her team achieved full reinstatement of all salary and benefits for her client.

Experience

When an employer refused to pay Emily’s client the commission and bonus he earned through the company’s bonus structure, Emily was part of a team of attorneys that engaged in assertive discovery to lead to early fact-finding, ultimately resulting in a favorable settlement for Emily’s client.

Experience

Emily assisted as part of a trial team that secured an approximately $1.4 million jury verdict for her client that was severely injured in a slip and fall accident at a restaurant. In this premises liability action, a restaurant failed to exercise reasonable care to protect its patrons, and then refused to make the situation right when its own negligence caused an injury. Emily’s role in researching numerous nuanced legal issues, as well as consulting and opining as to trial strategy, assisted the trial team in securing a substantial jury verdict.

Emily begins each case by seeking to understand her clients’ stories. Some clients’ stories center around their devotion to a position of employment and being treated unfairly by their employer. Other stories center around a person feeling called to do the right thing and act as a whistleblower reporting illegal conduct. Other stories detail the pain, loss, and forever change of life after an injury. In all of these scenarios, Emily is humbled to have the opportunity to speak her clients’ stories into action.

As a successful trial attorney, Emily excels in the courtroom. Emily has established a winning track-record after litigating approximately 30 trials to verdict. Emily began her career as an attorney with the Office of the Colorado State Public Defender, defending indigent clients facing serious felony and misdemeanor charges. This allowed for the development and strengthening of invaluable courtroom skills in the face of high-stakes litigation. Across dozens of trials, Emily showed excellence in voir dire, cross examination, and closing argument. She has litigated hundreds of hearings, secured numerous acquittals and dismissals, prepared countless cases for trial, and knows what it takes to win—all while keeping a client-centered approach at the heart of her practice. Emily’s talent derives from her intellectual strategy, tactical assessment, effective story-telling, hard work, preparedness, passion, and empathy. Emily also maintains a distinct awareness that the most favorable outcome for her clients may come through pre-trial resolution, which guides her focus and finesse in the art of negotiation. Emily prides herself on truly listening to her clients and takes great honor at the privilege to stand shoulder-to-shoulder with them to provide sound counsel, zealous advocacy, and excellent representation.

Emily attended Emory University for law school, where she graduated with honors in the top 15% of her class. Emily participated as an active competitor in the Emory Law Moot Court Society and coached the Emory Law National Moot Court team. Through Moot Court, Emily demonstrated not only a strength in oral advocacy, but also in research and writing. Emily won awards for her written briefs in the Evan A. Evans Constitutional Law Moot Court Competition and in the Emory Moot Court Society Competition. During law school, Emily also interned for the Honorable Amy Totenberg in the United States District Court, Northern District of Georgia.

As a native Coloradoan, Emily loves skiing down mountain slopes in the winter and exploring the outdoors while camping in the summer. Emily loves to travel and seek adventure, but also loves spending time at home reading a good book (with her cat nearby). Emily spends a great amount of time with her large, local family and close group of friends.

Articles

“When Work Isn’t Working: An Intersection of Personal Injury, FMLA, and the ADA,” Trial Talk, Vol. 69, Issue 1, Dec/Jan 2020.

Presentations

  • “Juvenile Defense and the Criminal Justice System,” Pueblo Community College, Pueblo, Colorado (Fall 2017).

Associations

  • Member, Colorado Bar Association
  • Member, Colorado Plaintiff Employment Lawyers Association
  • Co-Coordinator, Colorado Plaintiff Employment Lawyers Association Silent Auction, Fall 2019
  • Member, Colorado Trial Lawyers Association