§ 21-2-107 — Complaints against contracted attorneys - procedure

Colorado § 21-2-107

• Jurisdiction: Colorado
• Title 21: State Public
• Art.: Alternate Defense Counsel

Text

(1) If a
person files a claim for damages arising from professional negligence as a result of
an act or omission committed by an attorney during the performance of the
attorney's duties pursuant to a contract with the office of alternate defense
counsel pursuant to section 21-2-105:

(a) The complainant shall file with the court a certificate of review in
accordance with the provisions of part 6 of article 20 of title 13, C.R.S.;

(b) The attorney shall not be required to file an answer to the complaint until
twenty days after the complainant files the accompanying certificate of review; and

(c) The office of the attorney general shall represent the attorney from the
time of service of the complaint until the certificate of review is filed; except that, if
the office of alternate defense counsel determines that the act or omission that is
the basis of the claim did not occur during the performance of the attorney's duties
pursuant to a contract with the office of alternate defense counsel pursuant to
section 21-2-105:

(I) The office of alternate defense counsel shall notify the attorney and the
office of the attorney general of said determination; and

(II) The office of the attorney general shall not represent the attorney.

(2) Upon the timely filing of a certificate of review as required in subsection
(1) of this section, the court shall:

(a) Allow the office of the attorney general to withdraw from representation
of the attorney; and

(b) If requested, allow the attorney to substitute new counsel to represent
him or her.

(3) If the office of the attorney general represents an attorney pursuant to
paragraph (c) of subsection (1) of this section and the court determines that the act
or omission that is the basis of the claim did not occur during the performance of
the attorney's duties pursuant to a contract with the office of alternate defense
counsel pursuant to section 21-2-105, the office of the attorney general may
request, and in response to such a request the court shall order, the attorney to
reimburse the office of the attorney general for reasonable costs and reasonable
attorney fees incurred by the office of the attorney general during the course of the
representation.

(4) If a person files a claim for damages that arise from professional
negligence as a result of an act or omission committed by an attorney during the
performance of the attorney's duties pursuant to a contract with the office of
alternate defense counsel pursuant to section 21-2-105 and the attorney's contract
for insurance with his or her malpractice insurance carrier requires the attorney to
notify the insurance carrier upon the filing of a claim against the attorney, the
insurance carrier may not consider the claim in determining the amount of the
attorney's future malpractice insurance premiums unless a certificate of review is
timely filed pursuant to paragraph (a) of subsection (1) of this section.

Legislative History

Source: L. 2010: Entire section added, (SB 10-063), ch. 99, p. 339, � 1, effective August 11.