SOME DOCUMENTS LINKED ON THIS PAGE ARE RESTRICTED BY PASSWORD 
TO CLIENTS WHO HAVE RETAINED
If you are using a 56K modem, patience may be required.  Some documents are lengthy
    Number of pages and KB size are indicated at each document link

INSTRUCTIONS
PLEASE READ THESE INSTRUCTIONS

Adobe Acrobat Reader version 5 or later is required to view .pdf files   Free Download

        All below information to the best of your knowledge is needed to prepare a written retainer (fee) agreement, supporting authorizations to third persons for release of information to counsel and to open file.  Please be thorough, complete each item requested, and use FULL LEGAL NAMES - NOT INITIALS.

1. Retainer agreement
           hardcopy can be provided in person or .pdf file can be sent via email

2. Waiver & authorization to release criminal, driving, medical, financial, employment or 
           other confidential records
           hardcopy can be provided in person or .pdf file can be sent via email

3. Permission for release of Colorado DMV records
           hardcopy can be provided in person or .pdf file can be sent via email

4. Written information packets regarding facts relevant to the litigation - password required
       The information packet educates me regarding the facts of your case
           this enables quality representation.
       If you are using a 56K modem, patience may be required.  Some documents are lengthy
       Number of pages and KB size are indicated at each document link.  
       Access password will be included with retainer agreement email.

5. Retaining counsel can begin with a simple    email to the attorney  

        Please feel free to call if you are retaining and have any questions.  I have not yet agreed to accept representation, and I am not your attorney until we have each executed the retainer (fee) agreement and payment or trust deposit has been received toward fees and costs.  By finding this page you are well on your way to having the assistance of legal counsel.

A great deal of information must be learned to provide effective representation in family law matters.  Dredging the facts by oral interview would result in prohibitive attorney's fees.  I insist that family law clients be thorough with informational responses on the linked fact sheets and produce documents to the extent possible.  Thereafter, I generally have sufficient information that any questions arising during preparation of the lawsuit can be answered in a few brief phone conversations.

DIVORCE AND SEPARATION

RETAINER DATA FORM - Divorce, Legal Separation & Annulment
          1 Page - Approximate Size 29 KB - NO PASSWORD - ACCESS UNRESTRICTED
          With a call, this information may also be provided by phone
DOCUMENT CHECKLIST - Divorce - Dissolution of Marriage & Legal Separation
          5 Pages - Approximate Size 40 KB - NO PASSWORD - ACCESS UNRESTRICTED
          A quick checklist of documents and information to gather for your litigation
FACT SHEET - Divorce - Dissolution of Marriage & Legal Separation
        56 Pages - Approximate Size 225 KB - ACCESS RESTRICTED BY PASSWORD
FACT SHEET - Divorce - Dissolution, Legal Separation - Children
        26 Pages - Approximate Size 82 KB - ACCESS RESTRICTED BY PASSWORD

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SUPPORT ENFORCEMENT

RETAINER DATA FORM - Enforcement of Child Support & Spousal Maintenance
         3 Pages - Approximate Size 35 KB - NO PASSWORD - ACCESS UNRESTRICTED
         With a call, this information may also be provided by phone
FACT SHEET - Enforcement of Child Support & Spousal Maintenance
        27 Pages - Approximate Size 95 KB - ACCESS RESTRICTED BY PASSWORD

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MODIFICATION OF SUPPORT

RETAINER DATA FORM - Modification - Support
         3 Pages - Approximate Size 35 KB - NO PASSWORD - ACCESS UNRESTRICTED
         With a call, this information may also be provided by phone
FACT SHEET - Modification - Support
        64 Pages - Approximate Size 195 KB - ACCESS RESTRICTED BY PASSWORD

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MODIFICATION OF CUSTODY & VISITATION

RETAINER DATA FORM - Modification - Parental Responsibility & Parenting Time
        3 Pages - Approximate Size 35 KB - NO PASSWORD - ACCESS UNRESTRICTED
        With a call, this information may also be provided by phone
FACT SHEET - Modification - Parental Responsibility & Parenting Time
        aka Custody & Visitation
        39 Pages - Approximate Size 130 KB - ACCESS RESTRICTED BY PASSWORD

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PATERNITY - LEGAL PARENTAGE

RETAINER DATA FORM - Paternity - Legal Parentage
         4 Pages - Approximate Size 36 KB - NO PASSWORD - ACCESS UNRESTRICTED
         With a call, this information may also be provided by phone
FACT SHEET - Paternity - Legal Parentage
        98 Pages - Approximate Size 275 KB - ACCESS RESTRICTED BY PASSWORD

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STEP PARENT ADOPTION & GRAND PARENT ADOPTION

RETAINER DATA FORM - Step Parent Adoption
         4 Pages - Approximate Size 36 KB - NO PASSWORD - ACCESS UNRESTRICTED
         With a call, this information may also be provided by phone
FACT SHEET - Step Parent Adoption
        43 Pages - Approximate Size 117 KB - ACCESS RESTRICTED BY PASSWORD

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FAMILY LAW PROMISSORY NOTE

PROMISSORY NOTE - Family Law
        1 Page - Approximate Size 17 KB - NO PASSWORD - ACCESS UNRESTRICTED
        A promissory note is frequently relevant in family law cases evidencing debt to family members or friends who have given financial assistance.  A promissory note may foreclose the opposing party's argument that the loan was a gift.

        I am a single parent who has raised his daughter alone since infancy.  I've walked the mile at 3 a.m. and am familiar with single parenting issues from tender years through teens.  It is irrelevant whether an attorney's client is husband or wife, petitioner or respondent.  I am most willing to assist with a just and fair resolution and termination of your marriage.  However, I will not provide representation in legal proceedings where the client's goal is to punish the spouse as a vendetta.

        Family law cases should commence seeking the ballpark of reason - otherwise known as a win-win solution as best as can be achieved under the circumstances.  Although that should be the first step, sometimes it is not possible.  If the opposing party is unreasonable or litigation is otherwise required, then it's time to litigate.  That means case preparation - both factual and legal research to effectively present the client's case to the court.  The magistrate's or judge's polestars will be the best interest of the children and fundamental fairness under the facts and circumstances.  Mere lip service to these principles is not sufficient, but reasonable or legitimate requests for relief are likely to be granted in court orders.

        The more complex the case or as justiciable issues increase, fees and costs increase.  This is a reality no matter which attorney a prospective client hires.  You are welcome to review Alternatives to Private Counsel - Other Options and visit with any number of attorneys.  In family law matters, it is especially important that the client be comfortable from the outset with the attorney he or she retains and understand the attorney's billing structure.

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.

        Regarding documents, clients may mail, email, fax or bring to my office.  A secure document drop is accessible.  No one else has access. The drop slot is confidential and available to clients at any time day or night.  Dropping a check is acceptable as the canceled check provides an audit trail, however NO CASH may be dropped.  A receipt or printed billing statement must be issued for cash payment.  Due to lack of audit trail, I accept no responsibility for cash placed in the document drop slot.

        Except for potential evidentiary exhibits retained in hard copy, my files are maintained electronically by image scans. I argue court cases from a notebook computer as it is efficient.  To assure confidentiality, documents are mailed to the client or shredded subsequent to scanning.   I ask that clients retain copies of documents.  Each client is provided with a file folder for documents.  A fee would be assessed to later retrieve and print images of a client's file.  If requested, a data CD of all images in my electronic file my can be provided when I close file.

        Technology today is marvelous, however I can not warrant the privacy of conversations involving cordless, wireless or cell phones.  If the matter to be discussed is sensitive, I ask that we touch base from land lines or perhaps an office visit may be in order.

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        Although this page is lengthy, my goal is to have satisfied clients at the conclusion of representation.  I have found that clarifying expectations regarding contact or communication procedures avoids misunderstanding or frustration.

        All inquiries will be kept confidential and will not be disclosed to any third person absent consent of the client or prospective client.  However I accept no responsibility for disclosure through unauthorized interception during email transit, access by other persons sharing your email account password or interception of conversations involving cordless, wireless or cell phone technology.

        You have visited my website anonymously.  The site is not encrypted or otherwise secure, however no client information is retained in the website.  My websites do not surreptitiously glean information - my sites do not use "cookies" or otherwise gather personally identifiable information except that which a visitor knowingly provides by email or phone call.  I'm an attorney - not a techie or a telemarketer.  However, be aware cookies will be required at the professional payment checkout site if you make an on-line payment.  For future reference in communications with you, I print emails to scan or make brief notations in a phone log regarding conversations.  These are not shared with any other person or business absent express consent of the client or prospective client.

        To keep client documents confidential I utilize protections including burglar / fire alarm, computer virus detection, firewall, spyware filter, web bug filter, and email filters.

     CONFIDENTIALITY
        I usually check email multiple times daily - it will likely get my attention as fast as voicemail.  Email is not encrypted and may be subject to interception while in transit.  If you are not a client at present, by using email you may not be covered by the attorney-client communication privilege.  The attorney can not and will not warrant or guarantee confidentiality in the internet medium.  Confidential or time sensitive maters or information should be limited to direct phone conversation with counsel.

     VIRUS, TROJAN or WORM
        All incoming and outgoing email + attachments are automatically scanned by Norton AntiVirus and a spyware sweeper.  I open attachments received from clients or opposing counsel in a particular litigation case.  For clients or counsel, I can open or convert most word processing, image or spreadsheet files.  If you are not a client, please do not attach any files or documents to an email you may send me.  Due to the potential for virus, trojan or worm transmission, any email attachment received from a person I don't know is deleted without opening.

        Effective January 1, 1993 - under the Colorado Rules of Professional Conduct (C.R.C.P.) if an attorney is aware of prior or subsequent arrest(s), criminal charge(s) or conviction(s) or other litigation or bad acts, the disciplinary rules place an affirmative duty on all attorneys to inform the court of relevant facts not before the judge, regardless of whether a litigant has given misinformation or not. Put simply, DEFENSE ATTORNEYS ARE NOW REQUIRED TO INFORM THE SENTENCING JUDGE AND OPPOSING COUNSEL OF PRIOR OFFENSES, ARRESTS OR BAD ACTS WITHIN THE ATTORNEY'S KNOWLEDGE.  Attorneys' obligation to deal fairly and with candor to the court supercedes the attorney - client privilege regarding communications.  In short,  if an attorney has knowledge that a client is giving false information or relevant information is unknown to the court, these disciplinary rules required counsel to correct the records or to withdraw representation.  Withdrawal may be the only viable option.

C.R.C.P. §1.2(d)&(e) (scope and objectives of representation - fraud & prohibited conduct), §1.6 (confidentiality of information - attorney-client privilege), §3.1 (meritorious clams and contentions) and in particular, §3.3 (candor toward the tribunal - disclosure requirements). I also reviewed statutes, editor’s notes and annotations CRS 13-90-107(1)(b) (who may not testify without consent - attorney-client privilege).

        The Colorado Supreme Court disciplinary rules govern the conduct of all attorneys licensed in Colorado; this is not unique to my office nor to criminal defense attorneys - the rules apply to all Colorado attorneys. If the ethical and disciplinary rules are violated, proceedings are available to remove, suspend or censure every attorney's license to practice law.

The most common circumstances in which this conflict may arise would be:
        1.  Prior DUI or alcohol related traffic conviction out of state and no felony convictions.  Absent a felony charge or conviction, the DUI may not show up on an NCIC records search.  If the out of state DMV has cleared you as eligible for a license, there would be nothing to show up in the DMV national holds registry.  Given that there is no national DMV record except for a.) adverse action holds and b.) commercial driver's license (CDL), the prior offense may be unknown to Colorado courts, prosecutors and probation officers.
        2.  Subsequent DUI or alcohol related traffic charges arising after entry of plea and alcohol evaluation, but before sentencing hearing.  All counties are linked into the Colorado Judiciary system - all types of cases including felony, misdemeanor and traffic cases.  Courts, prosecutors and probation officers have on-line access to judicial records.  However, if the new charges arose after plea and evaluation, the last opportunity to run a computer records check would be by the judge immediately before or at sentencing.  The judge may or may not search records.
        3.  In family law matters, an affirmative disclosure is required at suit commencement regarding prior allegations of domestic violence or child abuse allegations.  A discovery request would not be uncommon regarding other offenses or allegations, such as drugs, theft, etc.
        4.  This may also arise regarding family law or debtor claims of unfair debt collection practices.

        As a defense attorney, when a client has remained silent and has not perpetrated fraud on the court, I do not agree that confidentiality under the attorney-client relation is subordinate to the duty as an officer of the court to affirmatively inform the judge of prior criminal offenses. Nor do I believe defense attorneys should be obligated to disclose history information received in a confidential setting. My opinion, though, is not important. I am an ethical attorney.  The rules exist and I will not violate.  In fulfillment of my ethical obligations, even without specific knowledge, I recommend disclosure of prior or subsequent conviction(s), arrest(s) or bad act(s).

        Shortly after being retained, but generally not thereafter due to cost, attorney runs a client background search under the exact name provided by client.  I have no knowledge or reason to know if such matters are not disclosed by client, are not found in a records search and are not found in discovery provided by the prosecution or opposing counsel.

        Therefore, IF YOU HAVE A PRIOR OFFENSE WHICH YOU DO NOT WISH DISCLOSED TO PROSECUTORS, TO OPPOSING COUNSEL OR TO THE COURT, DO NOT INFORM THE ATTORNEY OR ANY STAFF IN THIS OFFICE. You will be asked relevant questions by the attorney or his staff. SIMPLY STATE YOU DO NOT WISH TO DISCUSS THOSE MATTERS AND NO FURTHER INQUIRY WILL BE MADE. No conclusion will be drawn from your request that inquiry be avoided. We will simply not discuss the subject.

        IMPORTANT.  It is very dangerous for your attorney to have limited knowledge of relevant facts. The last place counsel should be educated is in the courtroom, by a prosecutor or opposing counsel. You may needlessly have a probation or deferred sentence revoked or consecutive jail sentences imposed. However, given the ethical and disciplinary rules which now govern Colorado attorneys, you may not wish to tell counsel all relevant facts, such as a prior conviction or allegation. This attorney recommends disclosure of prior offenses or other bad acts. If you give false information to the court, probation department, prosecutors or opposing counsel and are caught, sanctions will be extreme. Whether or not to disclose is the client's decision. If you exercise your right to remain silent, no false information is given.

        In family law matters, this attorney specifically recommends that the matter be discussed with counsel prior to initiation of any suit or defense.  No one knows your prior history better than a spouse or significant other - they simply know where the skeletons are buried.  Better practice is to deal with those skeletons affirmatively rather than to attempt keeping them secreted.

        In debt collection matters, this attorney emphatically recommends that the matter be discussed with counsel prior to initiation of any suit.  Whereas criminal defendants have no choice but to participate in the justice system, creditors can generally decide whether to commence litigation or not.  It is possible the prudent business decision may be to charge off the account to bad debt and a collection learning experience.  

        The above information has been provided to place you on notice that the attorney-client privilege no longer makes a lawyer's office "safe haven" for your statements pertaining to prior offenses or allegations which you do not want disclosed.  This is similar to the criminal case "Miranda warning."

        At every first interview, all prospective clients are asked to sign a copy of a similar notice indicating the prospective client received a copy and had adequate time to read it before seeing the attorney or discussing the facts of the person's case.

        Each case is different; law can be complicated.

        I have previously been retained to assist clients with criminal and traffic problems who had followed advice of "street corner lawyers."  Various clients had lost driving privileges or had bench warrants issued for their arrest. It is unlawful for non-lawyers to give legal advice, however that advice is bountiful. Be careful.

        Regarding sealing criminal justice records.  I have dismissed a lawsuit previously filed by other counsel in the wrong court and re-filed in the proper court.  Although municipal court did not have jurisdiction due to pre-emption under state law, res judicata (one chance to litigate) could have been a problem had dismissal not been sought prior to entry of orders in the municipal court.

        In family law cases, I have been retained by clients who initially undertook the case with the assistance of an unsupervised paralegal or local JAG office and were on a disaster course.  I no longer review paralegal pleadings or military drafted separation agreements and simply decline the case at the outset.  A couple former cases come to mind.
                1.)  Client had agreed to a support order for a child who was born before he met his wife.  The issue was res judicata - he had become the legal father and could not attack the support order since it was not appealed with the allowed time.  
                2.)  Client filed a dissolution of marriage petition alleging the parties had one child of the marriage - again the child was born before he met his wife.  Had the wife admitted the allegation before a motion to amend was filed, he would have become the legal father with a support obligation regardless of birth parentage.  
                3.)  Documents drafted by a local JAG office (attorney not licensed in Colorado) where parenting plan, support or property / debt provisions were unjust and far from Colorado law.

        In all types of cases I've listened to prospective clients adamantly inform me of his or her rights or planned case strategy and tactics based upon advice received over the back yard fence from a neighbor who'd heard about a friend of a friend.  A lawyer just can't compete with that level of competence and expertise.  I'll listen attentively and assess the merits, but if the prospective client doesn't or won't recognize realities I do not attempt an attorney-client relation.
 
        I have seen numerous errors in pleadings and settlement agreements which would constitute malpractice if committed by an attorney.  Just as significant rights can be affected in DUI and criminal cases, family law or debt collection cases can be lost and / or perhaps judgment & fees + costs awarded to the opposing party if inappropriately commenced or litigated.  Significant right may be involved.  Do not judge what will or should happen to you on the basis of what happened a friend or "someone in the know."  Do not rely upon the "street corner lawyers" or unsupervised paralegals.  Seek professional advice from competent counsel licensed in Colorado to commence or defend your case properly from the outset.  If private counsel fees are not feasible, refer to alternatives.