Chapter 24 - § 24.6 • OTHER CAUSES OF ACTION AGAINST ATTORNEYS

• Jurisdiction: Colorado

§ 24.6 • OTHER CAUSES OF ACTION AGAINST ATTORNEYS

This chapter focuses on legal malpractice claims in Colorado. However, there are other claims relating to attorney conduct that clients, and in some cases non-clients, may assert against attorneys. Among these other causes of action are claims in the nature of restitution,¹⁴⁵ claims for violation of the Colorado Consumer Protection Act (CCPA),¹⁴⁶ and claims for aiding and abetting fraud or breach of fiduciary duty.¹⁴⁷

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Notes:

^[145] Berger, 868 P.2d at 1153 (concluding that judgment creditor's attorney was not immune from liability to judgment debtor's bankruptcy trustee where trustee's claim for restitution of fees, brought against judgment creditor's counsel, derived from a judgment that had been reduced, and the claim did not interfere with any professional duties owed to a client, nor was it based on the assertion of any duty owed to the non-client).

^[146] Crowe v. Tull, 126 P.3d 196, 209 (Colo. 2006) (holding that the CCPA applies to protect consumers of legal services and the public where the provider of those services knowingly misrepresents the quality and likely benefit of those services).

^[147] Holmes, 885 P.2d at 308-09; Sender, 423 F. Supp. 2d at 1175; cf. Alexander v. Anstine, 152...