In Re: Villas at Highland Park Homeowners Association, Inc., a Colorado Nonprofit Corporation, Plaintiff v. Villas…

Summary

The court held that issue preclusion did not bar the developers’ motion to disqualify the homeowners association’s attorney and law firm because the required substantial-relationship inquiry under Colo. RPC 1.9(a) is specific to the particular representations and claims at issue. The trial court therefore abused its discretion by relying on issue preclusion and by failing to conduct an adequate merits analysis, so the court vacated the order and remanded for consideration of the disqualification motion under Rule 1.9(a). Justice Gabriel, joined by Justices Eid and Hood, dissented, concluding that the trial court had resolved the merits and properly found no substantial relationship.