Skip to main content
Skip to main content

Calvert v. Mayberry

Colo.April 8, 2019No. 16S413Cited 686 times
Mixed ResultMayberry

Case Details

Judge(s)
Boatright, Coats
Status
Published
Procedural Posture
Supreme Court review; affirmed trial court award of attorney fees, reversed Court of Appeals' order for appellate fees

Related Laws

No specific laws identified for this ruling.

Outcome

Colorado Supreme Court affirmed trial court's award of attorney fees and reversed the Court of Appeals' order for appellate fees, holding that while a contract entered without compliance with Colo. RPC 1.8(a) is presumptively void, the trial court properly awarded fees for a frivolous claim but appellate issues were legitimately appealable.

Excerpt

Contracts—Attorney and Client—Attorney Fees. The Supreme Court granted certiorari review to determine the preclusive effect of an attorney disciplinary hearing on a subsequent civil suit. Because of admissions made by the party, the Court did not reach this question and vacated that portion of the Court of Appeals' opinion. The Court held that when an attorney enters into a contract without complying with Colo. RPC 1.8(a), the contract is presumptively void as against public policy however, a lawyer may rebut that presumption. The Court additionally held that the trial court did not abuse its discretion in awarding attorney fees at the trial level because the record supports the court's finding that the case was groundless, frivolous, and brought in bad faith. However, the Court held that the issues raised on appeal were legitimately appealable issues and, as such, do not warrant an award of fees against petitioner. The Court affirmed the Court of Appeals' judgment as to the merits on other grounds, affirmed the award of attorney fees at the trial level, and reversed the Court of Appeals' order remanding for a determination of appellate attorney fees.

What This Ruling Means

**What Happened** This case involved a dispute between an attorney (Calvert) and a client (Mayberry) over a contract and attorney fees. The attorney had entered into a contract with the client without following required professional rules that govern attorney-client business relationships. The client later sued, and the case went through multiple court levels, with disagreements about who should pay attorney fees. **What the Court Decided** The Colorado Supreme Court made a mixed ruling. They found that when attorneys don't follow the required professional rules when making contracts with clients, those contracts are generally invalid and go against public policy. However, the court allowed the attorney to collect fees for defending against what they determined was a frivolous lawsuit at the trial level. The court reversed a decision that would have required payment of additional fees for the appeals process, finding those appeals were legitimate. **Why This Matters for Workers** This ruling protects clients (including workers who hire attorneys) by reinforcing that lawyers must follow strict professional rules when entering business relationships with their clients. If attorneys skip these requirements, the contracts can be thrown out. However, clients should be aware that they may still face consequences if courts determine their lawsuits lack merit.

This summary was generated to explain the ruling in plain English and is not legal advice.

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.