GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado
El Paso County
Robert D.
Gustafson * Attorney at Law *
Colorado Springs |
WELCOME
perhaps I will become your attorney |
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ATTORNEY CONSULTATION &
REPRESENTATION |
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Phone (719)
260-1002
Fax
(719) 260-1003 **
Toll Free (800)
410-1002 |
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FIRST CONSULTATION
TERMS
link to additional information regarding first consultation * accounting -
please read |
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Attorney
welcomes representation
inquiries however the purpose is
not to provide legal advice to the general public. Unless
seeking to retain counsel, please do not email or call. Attorney
does not provide legal opinions, answers or information in response to
questions submitted from non-clients, and attorney is not the phone
company 411 center for telephone number information. Given the scope
of internet accessibility, I can not be the "Colorado answer man"
& will politely decline requests of this nature. |
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Litigation cases occur across Colorado - refer to travel. |
Travel Policies & Trade Area
*
Itemized Expenses
*
Colo Map |
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common fees
are quoted on several web pages and information provided
attorney
is prepared to provide legal representation |
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attorney
comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice |
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attorney does not accept
criminal & traffic cases after sentencing unless he defended the underlying case
non-acceptance includes
probation revocation, deferred sentence revocation, parole violation or
appeal ** eligible
sealing cases
or
collateral attack
cases accepted |
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Attorney offers one visit or phone call on every case without charge. There is no obligation of any nature, and
you will not be billed for the first visit or phone call. The purpose of
a
first
consultation is
to identify your legal problems, discuss possible remedies or action which may
be available, and discuss attorney's fees and costs. After gaining an
understanding of your case, attorney will quote fees and anticipated costs.
Attorney generally
declines further discussion of the case after the first visit unless retained. As
attorney maintains a small practice and manage his caseload, attorney reserves the right to
decline any first consultation or to decline representation in any case.
In
addition to your legal problem, openly discuss fees and costs with the attorney
in the first visit. When retained attorney generally provides a written fee agreement to avoid
misunderstandings. Timeslips computer accounting produces billings which are
easy to read & understand. Attorney accepts charge cards - MasterCard, VISA,
American Express and Discover Card, but not installment payments. Fee and trust deposit quotes will be honored
for a period of seven (7) days from the day of the quote. After that time, fees
or requested trust deposit are subject to change without notice if you have not
retained this office.
As
indicated above, attorney
is most willing to visit with
prospective clients regarding representation by phone or in-person appointment without
cost or obligation. However, attorney will not
provide information, legal opinions or legal advice in response to questions submitted from
non-clients - email, fax or phone. Please refer to the terms of
first
consultation.
If you feel the need to contact a trial attorney quickly, please pick up your
telephone. Attorney has made that easy with the addition of a toll free phone
number which is available throughout the entire United States and Canada.
You will reach either the attorney or voicemail - attorney has no secretarial screen.
When you call please bear in mind the attorney may or may not have time to visit at that
instant if you've not made a previous appointment. If you reach voicemail, please leave your name, date and time called, return phone number(s)
and a brief message regarding the purpose of your call. Attorney periodically
retrieves messages while away from the office and ask that you leave a number as
he may not have access to your file at the time. Attorney does not memorize client
phone numbers. In criminal cases, attorney may only permit a client to discuss
case facts while we are each on a land line - not cell or wireless.
Confidential or time sensitive matters or information should be limited to
direct phone conversation with counsel.
If a prospective client leaves an email message or contact phone, attorney will
attempt to call once at each number provided, however once only. Unless
otherwise designated, if you
are not available attorney would leave my
name, number and date called on your answering machine or voicemail.
Counsel does
not identify himself as an attorney. Whether you
have an answering service or not, attorney only attempt one call regardless of
importance you assign to the matter. Attorney will re spond
to your contact at the earliest opportunity,
however attorney accepts no responsibility to make multiple return calls attempting to
reach non-clients who are unavailable nor does attorney accept representation
simply based upon an inquiry call or email. You are most welcome and encouraged to
call again.
If leaving a message by email
or voicemail, you may wish to consider some of the following
Full name
Primary and secondary
contact phones
including
best number and best time to call
whether you prefer
I not leave a message
Email address
Brief explanation of
legal problem
Court case number and county in which litigation is
pending
Date of birth and social
security number
Driver's license number
and state of issuance
Naturally the amount of
information you provide is totally in your discretion. The more
information you leave, the better prepared attorney can be when your call is
returned. Conversely, please don't fill attorney's voicemail.
Attorney has located his office in his home. It is comfortable, plus it permits
attorney to manage his caseload and provide personal attention to each client and case.
Attorney's home office is physically located
near North Union and Dublin. A map is included in this website. Access is easy
from I-25 via Woodmen or from North Academy Blvd via Union -
driving directions
and
maps.
Attorney schedules about 30
minutes for a first consultation to answer your questions and provide a fee
quote; this can frequently be done by phone. Children should never be in a position to hear
or listen to your legal matters, particularly in the areas of my practice.
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ALTERNATIVES
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FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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CRIMINAL DEFENSE AND TRAFFIC
DEFENSE POLICIES |
INDEPENDENT SERVICE
PROVIDERS - CRIMINAL & TRAFFIC CASES
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Where relevant, attorney utilizes
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel. |
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If retained by counsel as an
agent of the attorney, such independent service providers are protected and bound by the
attorney-client privilege and the attorney work product doctrine. If retained privately by the client, no such
agency or confidentiality exists. |
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CRIMINAL OR TRAFFIC CASE MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare Defense of Own Traffic or Criminal Case |
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1.
Adequate Time. If sufficient time exists to adequately prepare your case and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept defense representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your case or defense before a contested
court proceeding, please do not call. Attorney declines. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation or defense of your own case.
Attorney declines. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with
procuring the court
file and coming up to speed in the case. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
traffic or criminal case, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is
not sufficient time to adequately prepare your case or
defense before a contested court proceeding, please do
not call. Attorney declines. |
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4.
Second Opinion.
Attorney will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation or defense in your current
traffic or criminal case. Attorney declines. |
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CRIMINAL OR TRAFFIC CASE POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED SENTENCE
REVOCATION * APPEALS |
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Post Sentencing. Attorney does not accept post
sentencing matters in any criminal, DUI or traffic case unless I
provided representation during the case in chief at the trial
court level and am familiar with the facts, testimony and exhibits
received into evidence, meritorious issues & rulings. That's been
the attorney's policy for years. Please do not call or
inquire regarding post sentencing matters if you are not a former
client.
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This
includes plea to
domestic
violence ,
prostitution,
theft or shoplifting, or other
criminal charge,
DUI,
DEAC
or DWAI charge or other
traffic
charge and probation,
deferred sentence,
parole or incarceration or
revocation proceedings based upon alleged failure to comply. |
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Exceptions.
If the underlying criminal case qualifies, refer to
sealing
criminal records. Attorney accepts meritorious sealing cases
regardless of whether or not you are a former client. NOTICE:
alcohol related traffic offenses, other traffic offenses or traffic
infractions are a specifically excluded in the
sealing
statute and can not be sealed. If relevant,
attorney also accepts
meritorious
collateral
attack cases. |
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DMV LICENSE DEFENSE
POLICIES |
INDEPENDENT SERVICE
PROVIDERS - LICENSE DEFENSE - DMV HEARINGS & DMV APPEALS
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Where relevant, attorney utilizes
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel. |
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If retained by counsel as an
agent of the attorney, such independent service providers are protected and bound by the
attorney-client privilege and the attorney work product doctrine. If retained privately by the client, no such
agency or confidentiality exists. |
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DMV LICENSE DEFENSE MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Driver's Attempt to
Prepare Own Defense at License Hearing |
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1.
Adequate Time. If sufficient time exists to adequately prepare your
driver's license defense and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept license defense representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare defense before a DOR
license suspension or revocation hearing, please do not call.
Attorney declines. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation or defense of your own
license
hearing. Attorney declines. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
DOR hearings are set quickly - continuance requests on
the basis of driver delay in retaining counsel are routinely
denied. Please be aware that after
other counsel's withdrawal it may be
difficult for a new attorney to prepare your defense in time for
hearing. Please also be aware fees and costs will be associated with procuring
DMV files or court
files and coming up to speed in the case. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
license defense, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is
not sufficient time to adequately prepare your defense before a
driver's license hearing, please do
not call. Attorney declines. |
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4.
Second Opinion.
Attorney will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation or defense in your current
driver's license adverse action proceedings.
Attorney declines. |
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DMV APPEAL TO DISTRICT COURT
OR COLORADO COURT OF APPEALS |
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Appeal.
Attorney welcomes DOR license suspension or revocation appeals to
the
District Court or to the
Colorado Court of Appeals.
From the
DMV Appeal Webpage Index,
site visitors may find information regarding procedures anticipated
in a DMV appeal. If the attorney
provided representation at the
DOR hearing, he is familiar with the facts,
testimony and exhibits received into evidence at hearing
and meritorious issues for appeal. Retaining counsel who
did not provide DOR hearing representation requires a bit more
familiarization by counsel. Please refer to: |
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FIRST CONSULTATION AND
DMV APPELLATE CASE
PRELIMINARY REVIEW |
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FAMILY LAW POLICIES |
INDEPENDENT SERVICE
PROVIDERS - FAMILY LAW
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Where relevant, attorney utilizes
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel. |
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If retained by counsel as an
agent of the attorney, such independent service providers are protected and bound by the
attorney-client privilege and the attorney work product doctrine. If retained privately by the client, no such
agency or confidentiality exists. |
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FAMILY LAW PRACTICALITIES
BEHAVIOR OF PARTIES AND
IMPACT UPON FEES & COSTS |
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Attorney was a single parent who raised his daughter alone from infancy through
emancipation. I
walked the mile at 3 a.m. and am
familiar with single parenting issues from tender years to adulthood, as
well as the cost of raising a child. It is
irrelevant whether an attorney's client is
petitioner or respondent, husband or wife, mother or father, obligor or
obligee. I am most willing to assist with 1.) just and fair resolution and termination of your marriage,
or 2.) enforcement or modification of support, parental responsibilities or
parenting time, or 3.) step parent or relative adoption, or 4.) establishing
or defending paternity - legal parentage. However, I will
not provide representation in legal proceedings where the client's goal is to
punish the spouse, ex-spouse or other parent as a vendetta. |
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Family law cases should commence seeking the ballpark of
reason - otherwise known as a win-win solution as best as can be achieved under
the circumstances. Although that should be the first step, sometimes it is not possible. If the opposing party is
unreasonable or litigation is otherwise required, then
it's time to litigate. That means case preparation - both factual and
legal
research to effectively present the client's case to the court. The
magistrate's or judge's polestars will be the best interest of the children and
fundamental fairness under the facts and circumstances. Mere lip service
to these principles is not sufficient, but reasonable or legitimate requests for
relief are likely to be granted in court orders.
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In family law cases it is common for
the client to provide numerous and perhaps voluminous documents to attorney
during representation. Please refer to
Document Management
regarding organization and format of documents
which client provides to attorney This will save the client money
in attorney fees and costs. |
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The more complex the case or as justiciable issues increase, fees and costs
increase. This is a reality no matter which attorney a prospective client
hires. You are welcome to review
Alternatives
to Private Counsel - Other Options and visit with any number of
attorneys. In family law matters, it is especially important that the
client be comfortable from the outset with the attorney he or she retains and
understand the attorney's
billing
structure. By providing the links to the right, please do
not think I wish to discard potential business. This is a simply a
courtesy I would appreciate were I in a prospective client's shoes. |
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FAMILY LAW MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare or Defend Own Family Law Case |
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1.
Adequate Time. If sufficient time exists to adequately prepare your
family law case or
defense and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your case or defense before a contested
court proceeding, please do not call. Attorney declines. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation or defense of your own case.
Attorney declines. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with
procuring the court
file and coming up to speed in the case. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
family law case, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is
not sufficient time to adequately prepare your case or
defense before a contested court proceeding, please do
not call. Attorney declines. |
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4.
Second Opinion.
Attorney will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation or defense in your current family
law case. Attorney declines. |
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FAMILY LAW - POST
DECREE MATTERS
alternatives and find a
lawyer links provided as a courtesy
former clients are naturally welcome to call anytime
regarding any legal matter |
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1.
Post Decree Support, Property or Debt Enforcement.
Attorney accepts most post decree requests
to
enforce a prior court order with respect to child support,
spousal maintenance, property or debt. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2. Post Decree Modification.
Attorney will consider post decree modification of support,
parental responsibility or parenting time or setting aside a
former property or debt order, however attorney does
consider the amount of time elapsed since last order,
circumstances surrounding the modification and relationship
with or number of prior attorneys retained by a prospective
client. This shall not constitute an offer of
representation; attorney and prospective client retain
discretion through
first
consultation. |
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3.
Appeals.
Attorney does not accept appellate matters unless he
provided representation at hearing or trial and is
familiar with the facts, testimony and exhibits
received into evidence and meritorious issues for
appeal. That's been the attorney's policy for
years. Please do not call or inquire regarding
appellate matters if you are not a former client. |
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DEBT COLLECTION POLICIES |
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NOTICE - ATTORNEY IS NOT ACCEPTING NEW DEBT COLLECTION CASES AT THIS
TIME |
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INDEPENDENT SERVICE
PROVIDERS - DEBT COLLECTION
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Where relevant, attorney utilizes
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel. |
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If retained by counsel as an
agent of the attorney, such independent service providers are protected and bound by the
attorney-client privilege and the attorney work product doctrine. If retained privately by the client, no such
agency or confidentiality exists. |
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DEBT COLLECTION MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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NOTICE - ATTORNEY IS NOT ACCEPTING NEW DEBT COLLECTION CASES AT THIS
TIME |
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare or Defend Own Collection Lawsuit |
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1.
Adequate Time. If sufficient time exists to adequately prepare your
collection lawsuit and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your collection lawsuit before a
limitation deadline or contested court hearing, please do not call.
Attorney declines. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation of your own
collection lawsuit. Attorney declines. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up." Please be aware fees and costs will be associated with procuring
relevant documentation,
procuring the court
file and coming up to speed in the case.
Attorney would be less likely to accept a new
case on a contingency fee basis in the event of prior
representation. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
collection lawsuit and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
3.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your collection lawsuit before a
limitation deadline or contested court hearing, please do not call.
Attorney declines. |
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4.
Second Opinion.
Attorney will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation in your current collection
lawsuit. Attorney declines. |
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DEBT COLLECTION - POST
JUDGMENT MATTERS
alternatives and find a
lawyer links provided as a courtesy
former clients are naturally welcome to call anytime regarding any legal
matter |
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NOTICE - ATTORNEY IS NOT ACCEPTING NEW DEBT COLLECTION CASES AT THIS
TIME |
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1.
Post Judgment Enforcement.
Prospective client has been awarded a judgment, but it seems like
a worthless piece of paper - you've gotten bogged down and are
unable to convert the court order to cash.
Attorney will review post judgment requests
to enforce a lawful judgment with the goal of acceptance. Depending
on
enforcement issues apparent at the time retained, attorney reserves the right to quote fees
either upon a contingency basis or hourly basis. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Appeal.
Prospective client has lost the case through default judgment,
summary judgment or
trial on the merits, had damages awarded against prospective client or a set-off
awarded. Attorney does not
accept debt collection or other civil appeals unless he provided
representation during the underlying case in chief at the trial
court level and is familiar with the facts,
testimony and exhibits received into evidence
and meritorious issues for appeal. That's been the
attorney's policy for years. Please do not
call or inquire regarding appellate matters if you are not a
former client. |
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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 attorney utilizes protections including burglar /
fire alarm, computer virus detection, firewall, spyware filter, web bug filter,
and email filters.
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EMAIL
CONCERNS AND SECURITY |
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CONFIDENTIALITY
Attorney usually checks email multiple times daily - it will likely get
attorney's attention as
fast as voicemail. Email is not encrypted and may be subject to
interception while in transit. Attorney transmits via encrypted attachment
documents containing sensitive or personal identification information such as
social security number, date of birth, driver license and the like.
Regardless of whether you are a client or prospective client, by
using unsecure email you may not be covered by the attorney-client communication
privilege. Unsecure medium may be considered a waiver of attorney-client
confidentiality 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 an antivirus program and a spyware sweeper.
Attorney opens attachments received from clients or opposing counsel in a particular
litigation case. For clients or counsel, attorney 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. Due to the
potential for virus, trojan or worm transmission, any email attachment received
from an unknown person is deleted without opening. |
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CORDLESS,
WIRELESS & CELL PHONE CONCERNS |
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Technology today is marvelous, however attorney can not warrant the privacy of conversations involving
cordless, wireless or cell phones. If the matter to be discussed is
sensitive, attorney asks that we touch base from land lines or perhaps an office visit may be in
order. |
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DOCUMENTS
AND TRANSMITTAL |
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Regarding documents, clients may mail, email, fax, FedX or bring to attorney's office. A
secure document drop is accessible. No one else has access. The drop slot
is confidential and available to clients at any time day or night.
Dropping a check is acceptable as the canceled check provides an audit trail,
however NO CASH may be dropped. A receipt or printed billing
statement must be issued for cash payment. Due to lack of audit trail, I
accept no responsibility for cash placed in the document drop slot.
Except for potential evidentiary exhibits
retained in hard copy, attorney's files are maintained electronically by image scans.
Court cases may be argued from a notebook computer as it is efficient. To assure
confidentiality, documents are mailed to the client or shredded subsequent to
scanning. Attorney requests that clients retain copies of documents. A fee would be assessed to later
retrieve and print images of a client's file. If requested, a data CD of
all images in attorney's electronic file can be provided at the time of file
closure or subsequent thereto - fees and costs would apply. |
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ATTORNEY ETHICAL OBLIGATIONS
PRIOR CONVICTIONS *
ARRESTS * BAD ACTS |
NOTICE
TO CLIENTS OR PROSPECTIVE CLIENTS
IMPORTANT
- READ THIS CAREFULLY |
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NOTICE
TO CLIENTS OR PROSPECTIVE CLIENTS
IMPORTANT
- READ THIS CAREFULLY
The attorney-client privilege no longer
makes a lawyer's office "safe haven" for a client's statements pertaining to
prior offenses which he or she does not want disclosed.
This is similar to the
criminal case "Miranda warning". Colorado Supreme Court
disciplinary rules govern the conduct of all attorneys licensed in Colorado; this is not unique to
my office nor to criminal defense attorneys - the rules apply to all Colorado
attorneys. If ethical and disciplinary rules are violated, proceedings are available to remove, suspend or censure every
attorney's license to practice law.
IF YOU HAVE A PRIOR
OFFENSE WHICH YOU DO NOT WISH DISCLOSED TO PROSECUTORS, TO OPPOSING COUNSEL OR TO THE COURT, DO NOT
INFORM THE ATTORNEY OR ANY STAFF IN THIS OFFICE. You will be asked relevant
questions by the attorney or his staff. SIMPLY STATE YOU DO NOT WISH TO DISCUSS
THOSE MATTERS AND NO FURTHER INQUIRY WILL BE MADE. No conclusion will be drawn
from your request that inquiry be avoided. We will simply not discuss the
subject. The same applies to family law or debt collection matters. If you or your
employees have perpetrated unfair debt collection practices or have a prior
offense admissible for impeachment purposes which you do not wish disclosed to
opposing counsel or the court, do not inform the attorney or staff. SIMPLY STATE YOU DO NOT WISH TO DISCUSS
THOSE MATTERS AND AS ABOVE, NO FURTHER INQUIRY WILL BE MADE. Again, no conclusion will be drawn
from your request that inquiry be avoided. We will simply not discuss the
subject.
IMPORTANT. It is very dangerous for your
defense attorney to have limited knowledge of relevant facts. The last place
defense counsel should be educated is in the courtroom or by a prosecutor or
opposing counsel. You
may needlessly have a probation or deferred sentence revoked or consecutive jail
sentences imposed. However, given the ethical and disciplinary rules which now
govern Colorado attorneys, you may not wish to tell counsel all relevant facts,
such as a prior conviction. This attorney recommends disclosure of prior
offenses, unfair debt collection practices or other bad acts. If you give false information to the court, probation department,
prosecutors or opposing counsel and are caught, sanctions will be extreme. Whether or not to
disclose is the client's decision. If you exercise your right to remain silent,
no false information is given.
As a defense attorney, when a
client has remained silent and has not perpetrated fraud on the court, I do not
agree that confidentiality under the attorney-client relation is subordinate to the
duty as an officer of the court to affirmatively inform the judge of prior
criminal offenses. Nor do I believe private attorneys or defense attorneys should be obligated to
disclose history information received in a confidential setting. My opinion,
though, is not important. I am an ethical attorney. Colorado rules exist
& I will not
violate. In fulfillment of my ethical obligations, even without specific knowledge, I recommend disclosure of
prior or subsequent convictions, arrests or bad acts.
The most common circumstances
in which this conflict may arise would be:
1. Prior DUI or alcohol
related traffic conviction out of state and no felony convictions.
Absent a felony charge or conviction, the DUI may not show up on an NCIC
records search. If the out of state DMV has cleared you as eligible for
a license, there would be nothing to show up in the DMV national holds
registry. Given that there is no national DMV record except for a.)
adverse action holds and b.) commercial driver's license (CDL), the prior
offense may be unknown to Colorado courts, prosecutors and probation officers.
2. Subsequent DUI or alcohol
related traffic charges arising after entry of plea and alcohol evaluation,
but before sentencing hearing. All counties are linked into the Colorado
Judiciary system - all types of cases including felony, misdemeanor and
traffic cases. Courts, prosecutors and probation officers have on-line
access to judicial records. However, if the new charges arose after plea
and evaluation, the last opportunity to run a computer records check would be
by the judge immediately before or at sentencing. The judge may or may
not search records.
3. In family law matters, an
affirmative disclosure is required at suit commencement regarding prior
allegations of domestic violence or child abuse allegations. A discovery
request would not be uncommon regarding other offenses or allegations, such as
drugs, theft, etc.
4. This may also arise
regarding family law or debtor claims of unfair debt collection practices.
Shortly after being retained, but
generally not thereafter due to cost, attorney may
search some or all of the following records under the exact name provided by
client: Colorado state courts litigation history, Colorado Bureau of
Investigation - CBI criminal records, Colorado driving record and perhaps
multi-state databases for wants, warrants, arrests, convictions & sex offender. I have no knowledge or reason
to know if such matters are not disclosed by client, are not found in such
databases and are not found in discovery provided by the prosecution or
opposing counsel.
In family law matters, this attorney specifically recommends that the matter be
discussed with counsel prior to initiation of any suit or defense. No one
knows your prior history better than a spouse or significant other - they simply
know where the skeletons are buried. Better practice is to deal with those
skeletons affirmatively rather than to attempt keeping them secreted.
In debt collection matters, this attorney emphatically recommends that the matter
be discussed with counsel prior to initiation of any suit. Whereas
criminal defendants have no choice but to participate in the justice system,
creditors can generally decide whether to commence litigation or not. It is
possible the prudent business decision may be to charge off the account to bad
debt and a collection learning experience.
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Effective January 1, 1993 - under the Colorado Rules of Professional Conduct (C.R.C.P.)
if an attorney is aware of prior or subsequent arrest(s), criminal charge(s)
or conviction(s) or other litigation or bad acts, the
disciplinary rules place an affirmative duty on all attorneys to inform
the court of relevant facts not before the judge, regardless of whether a
litigant has given misinformation or not. Put simply, DEFENSE ATTORNEYS ARE NOW
REQUIRED TO INFORM THE SENTENCING JUDGE AND OPPOSING COUNSEL OF PRIOR OFFENSES,
ARRESTS OR BAD ACTS WITHIN THE ATTORNEY'S KNOWLEDGE. Attorneys'
obligation to deal fairly and with candor to the court supercedes the attorney -
client privilege regarding communications. In
short, upon gaining knowledge that a client is
giving false information or relevant information is unknown to the court, these
disciplinary rules required counsel to correct the records or to withdraw representation.
Withdrawal may be the only viable option.
C.R.C.P. §1.2(d)&(e) (scope and
objectives of representation - fraud & prohibited conduct), §1.6
(confidentiality of information - attorney-client privilege), §3.1
(meritorious clams and contentions) and in particular, §3.3 (candor toward
the tribunal - disclosure requirements). I also reviewed statutes, editor’s
notes and annotations CRS 13-90-107(1)(b) (who may not testify without consent
- attorney-client privilege).
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NOTICE
- DISCLAIMER
important information
regarding use of this website
PLEASE READ THIS DISCLAIMER
BEFORE USING ANY INFORMATION IN THIS WEBSITE |
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ATTORNEY
ETHICS
& CLIENT DISCLOSURES
Prior Convictions or
Bad Acts
important warning information before disclosure |
CONTACT & PRIVACY
Confidentiality & Privacy Policy
email, and cordless, wireless or cell phones |
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Adobe
Acrobat Reader version 5 or later is required to view .pdf files in this
website 
Free Download |
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For visitors' convenience and education, I have provided a substantial amount of information in the
linked pages contained in this website, including governmental and other community agencies or resources
(addresses, phone numbers and links), law, procedure
and forms, as well as legal
research resources. In each law topic I have included an information page which answers common
questions people have asked and which may address
aspects of litigation relevant to your current circumstances. I hope some of the information provided
in my site may be useful to
you, however this information is not legal advice - you should not rely on it.
Everything on these web pages should be construed only as general educational
information to the public. Although I have made sincere efforts to provide
correct information, law changes rapidly and I do not warrant or guarantee the
accuracy or current status of any information contained in this website. Do
not assume the information provided herein pertains to your given facts or
circumstances or rely upon it. Applicable law may vary depending on the facts of each case.
If you have a legal question or problem,
consult an attorney licensed in the relevant state.
CAVEAT: I make no promise or guarantee that
any agency or website will remain at the locations indicated, or remain active.
All linked sites
were free when last visited unless otherwise indicated - but I make no promise
they'll stay free.
No warranty is made regarding reliability, efficiency or integrity of any agency
or website referenced herein.
NOTICE: attorney does not endorse any
referenced agency, website or product
sole exception -
Mr.
Rogers and his neighborhood * trolley - Fred Rogers was a role model
There wouldn't be a need for courts or lawyers if we were all as decent, gentle,
kind, considerate and caring as he was.
From the
Website Index
Gateway page you should
be able to navigate easily throughout this entire website to any topic of
interest. I've also included an abbreviated index page with links to a few
common areas of interest.
The
Colorado Quick
Index page provides a limited number of links to
multiple topics of interest such as Colorado Statutes, Rules of Evidence, Rules
of Procedure, New Legislation, City and County Ordinances, State Agency
Regulations, State Court Opinions, Colorado Legal Forms and service providers
such as laboratories, process service and private investigation. In
essence, it's a short conglomeration.
Individual pages are contained in this website discussing specific types of
cases. Within each specific topic you will find a statement which
identifies which fee structure is offered for particular type of case.
Some pages identify a common fee or trust deposit for that type of matter -
actual fee quotes may vary. In other legal matters, it is not practical to
estimate fees without an opportunity to learn the facts and circumstances of the
legal problem. I offer a
free
initial consultation for that very purpose.
Fee structures, trust deposits and billing procedures are located in the
Attorney's
Fees and Costs
page. Within each specific topic page you will find reference to a fee
structure and may find a common fee or trust deposit for that type of matter -
actual quotes may vary. It is not practical to
estimate fees without an opportunity to learn the facts and circumstances of the
legal problem. I offer an
initial consultation to identify the potential legal problems and possible
courses of action, estimate costs and offer an attorney fee quote.
Viewing
any page within this website, consultation, providing information to a prospective client or a fee quote shall
not constitute an agreement to provide representation, nor shall such be
construed to establish an attorney-client relationship. All information contained in this
website or any statement regarding fees or costs shall be considered general information only.
Attorney shall not have been retained, nor shall attorney undertake
representation, nor take any further action nor conduct additional consultations
until a written fee agreement has been executed and payment received.
Fee and trust deposit quotes provided directly by attorney to any
prospective client will
be honored for a period of seven (7) days from the day of the quote. Thereafter
fees or requested trust deposit are subject to change without notice if this
office has not been retained. Quoted costs are only estimates, subject to change
by service providers. If retained, actual costs are billed.
Unless otherwise indicated, all pages herein Copyright
©
February 12, 2001, Robert D. Gustafson, All Rights Reserved.
No text, images or other material in this website may be copied,
reproduced or used for commercial purposes without express written permission.
Regarding other businesses, entities or individuals referenced in this
website, all trade names, trademarks or copyrights are the property of their
respective owners. |
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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most criminal defense
cases are welcome and gladly accepted - refer to
criminal site
INDEX
NOTICE:
ATTORNEY DOES NOT ACCEPT THE FOLLOWING CASES |
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SEXUAL ASSAULT (RAPE) |
SEXUAL ASSAULT ON A
CHILD |
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HOMICIDE OR MURDER |
CHILD ABUSE HOMICIDE OR FELONY
CHILD ABUSE |
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feel free to call or email if you are a client or are seeking representation |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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PRIMARY WEBSITE |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Website Copyright © 2003 -
All Rights Reserved - Document Revised
July 22, 2010
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date:
January 29, 2010 |
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