The Colorado Supreme Court issued its opinion in Accident and Injury Medical Specialists, P.C. v. Mintz on June 25, 2012.
Colo. RPC 1.15—Attorney’s Fiduciary Duties as Trustee of COLTAF Account.
The Supreme Court held that the medical providers in this case may not maintain a breach of fiduciary duty tort action against attorney David Mintz based on his obligations as trustee of a COLTAF account. Although Mintz may have had ethical or contractual obligations to disburse money his clients owed to the providers, Mintz did not owe the medical providers the duties of a fiduciary that give rise to tort liability. The judgment of the court of appeals was affirmed.
Summary and full case available here.