Supreme Court of Colorado

Martinez v. Mintz

May 31, 20162016 CO 43

Summary

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