June 20, 2019

Colorado Supreme Court: Trial Court Erroneously Denied Party Its Counsel of Choice

The Colorado Supreme Court issued its opinion in In re People v. Hoskins on Monday, September 8, 2014.

Disqualification of Retained Counsel of Choice—Colo. RPC 1.9(a).

In this original CAR 21 proceeding, the Supreme Court reviewed the trial court’s order disqualifying petitioners’ retained counsel of choice under Colo. RPC 1.9(a). The trial court found that counsel previously represented another party in the same matter for which counsel now represents petitioners, and that the former client and petitioners have materially adverse interests. The Court held that, because the record before it was insufficient to support a finding that the interests of petitioners and the former client are materially adverse in this criminal proceeding, the trial court abused its discretion by disqualifying petitioners’ retained counsel of choice under Colo. RPC 1.9(a). Accordingly, the Court made the rule absolute, reversed the trial court’s order disqualifying petitioners’ counsel of choice, and remanded the case to the trial court for further proceedings.

Summary and full case available here, courtesy of The Colorado Lawyer.

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