Attorney Grievance Commission v. McGlade

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.