David R. Calvert, Petitioner v. Diane L. Mayberry A/k/a Diane Marie Laba-Mayberry and Desiree L. M — Coats, J…

Summary

The dissent rejects the majority's conclusion that the Colorado Rules of Professional Conduct can create a public-policy defense affecting contract formation. It argues that ethical-rule violations should not presumptively invalidate attorney-client contracts and that existing defenses such as undue influence, duress, mistake, misrepresentation, and fraud are sufficient. The dissent also maintains that attorney-disciplinary proceedings should not have preclusive effect in later civil or criminal proceedings. Justice Samour joined the dissent.