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.

        Each case is different; law can be complicated.

        In criminal, DUI and traffic cases favorable plea bargains are obtained based upon a number of reasons; the prosecution's concern for possible loss at trial can be a major factor. Sentencing is based upon the specifics of your particular case and applicable law.

        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.

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Topical Website Initial Publication Date: February 3, 2004