Legal Malpractice Forum
| Publication year | 1979 |
| Pages | 1977 |
1979, October, Pg. 1977. Legal Malpractice Forum
The activities of the Insurance Committee of the Colorado Bar Association during the past two years have reflected the general growing concern of Colorado practitioners with the subject of legal malpractice, the kind and frequency of claims, increasing insurance premiums, and to some extent, the control and prevention of claims. The formalization of continuing legal education and the proliferation of publications and formal seminars by various practice groups, at least in part, would support this observation. Discussion and planning which resulted in the endorsement of a different insurance carrier has included suggestions that Colorado attorneys should consider adopting a full risk management program, including peer review, and should attempt to obtain protective legislation to insure the privacy of peer review committee activity.
The suggestion was voiced, during a recent San Francisco seminar on the subject of legal malpractice, that claims in Colorado may increase dramatically as a result of a recent, significant verdict in the Denver-Metropolitan area. While some of us do not share this view, certain conclusions are permissible.
First, attorneys, far more than medical practitioners for example, are vulnerable to malpractice claims, which, when brought before a jury, many believe are more difficult to defend successfully merely because of the general public's attitude towards the profession.
Second, the cost of defending all forms of civil litigation is increasing well beyond the influence of "simple" inflation. This, in turn, affects both the cost and availability of professional coverage.
Third, the most immediate and perhaps one of the more effective remedies at our disposal is a change in attitude and discipline. Whether we are motivated by an abiding commitment to the highest standards of professionalism or by an enlightened self-interest, or both, all aspects of our practice ought to reflect a keen respect for our exposure.
This column represents an initial step in that direction. Since breach of applicable time limitations constitutes one of the most frequent bases for legal malpractice claims, it is felt that a quick reference guide to limitation of actions periods and court rules would be of use to the practicing bar. Apparently, there is no existing compilation of this type.
The following listing of time periods includes references only from the Colorado statutes of limitation and the Rules of Civil Procedure.
We anticipate publication of a similar listing in the future extracted from federal statutes and the Federal Rules of Civil Procedure. Depending upon readership response to this endeavor, listings in other areas of concern, such as criminal and administrative law, may become the subject of future columns of this type. These columns will be periodically updated and supplemented if they prove useful and desirable. Readers are heartily encouraged to aid in this process by sending in additional references, corrections, changes, and the like.
The listing which follows, to reiterate, represents but a modest beginning with attention confined only to state law. Undoubtedly, other time periods may have been omitted. This column however will form the genesis of future, and hopefully more comprehensive, treatments to follow.
Those who wish to assist are asked to contact, by letter or telephone, Irving Johnson at Pryor, Carney and Johnson, 7503 Marin Drive, Suite 2D, Englewood, Colorado 80111 (771-6200).
The following actions must be initiated within the time stated or the action will be barred. Please consult the applicable statute directly for verification of accuracy and details.
1. Notice of breach of warranty: within a reasonable time following discovery of breach, or action for breach may be barred. C.R.S. 1973, § 4-2-607(3)(a)(b).
2. Preferred claims of employees of bankrupt: within twenty days after seizure, writ of attachment, or within sixty days of placement in hands of receiver or trustee. C.R.S. 1973, § 8-10-101.
3. Notice to public entity responsible for negligent injury: 180 days after discovery of injury. C.R.S. 1973 § 24-10-109; S.B. 101 (6-15-79).(fn1)
4. Claims against decedent arising before death: if estate opened, within...
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