Supreme Court of Colorado

Martinez v. Mintz

May 31, 20162016 CO 43

Summary

The court reversed the court of appeals and held that successor counsel properly challenged the former counsel’s charging lien in the underlying wrongful-death action. Because the dispute was between the two attorneys rather than between former counsel and the client, the arbitration clause in the former counsel’s fee agreement did not apply. The court also upheld the finding that former counsel was discharged for cause and therefore was not entitled to recover fees under the agreement.