The Colorado Supreme Court issued its opinion in Mercantile Adjustment Bureau, L.L.C. v. Flood on May 29, 2012.
Attorney Fees and Costs—Rules of Professional Conduct—Appeals From the County Court to the District Court.
The Supreme Court affirmed the district court’s judgment in part, holding that the fees of appellate attorneys associated on a case to represent a client constitute an expense of litigation under Rule 1.8(e) of the Colorado Rules of Professional Conduct, and therefore an attorney’s payment of these fees does not violate Rule 1.8. The Court reversed the district court’s order applying Colorado Appellate Rules 28(b) and 39.5 to an appeal from the county court to the district court. The Court remanded the case to the district court to return it to the county court for proceedings to determine whether respondent is entitled to attorney fees and costs as the prevailing party in this appeal and, if so, the amount of those fees and costs.
Summary and full case available here.