Professional & Fiduciary Misconduct.

Certain relationships involve more than ordinary obligations. Trustees, personal representatives, agents acting under powers of attorney, attorneys, accountants, financial advisors, and other professionals are entrusted with authority over money, property, legal rights, businesses, investments, and important personal decisions.

When that authority is abused—or when those responsibilities are neglected—the consequences can be severe. Businesses can be damaged. Investment accounts and real property can be lost. Inheritances can disappear. Legal claims and valuable rights can be permanently lost. Wealth accumulated over decades—or generations—can be placed at risk.

With attorneys based in Denver and Grand Junction, Reynolds Gillette represents beneficiaries, heirs, business owners, professionals, and other interested parties in fiduciary misconduct, legal malpractice, and professional negligence disputes throughout Colorado.

A trustee diverts money from trust accounts. A personal representative conceals information from beneficiaries. An agent acting under a power of attorney transfers assets for personal benefit. A fiduciary engages in self-dealing, favors personal interests over the interests of beneficiaries, or misuses authority for financial gain.

These disputes often involve family wealth, closely held businesses, ranching and agricultural interests, investment accounts, real estate holdings, trusts, estates, and assets accumulated over generations. The financial consequences can be substantial, and the personal consequences can be equally significant.

These matters may involve trustee misconduct, personal representative misconduct, breach of fiduciary duty, self-dealing, concealment, conflicts of interest, diversion of assets, abuse of authority, and related claims.

Clients retain attorneys to protect important rights, navigate difficult situations, and avoid costly mistakes. When attorneys fail to meet professional obligations, the consequences can be severe.

Legal malpractice claims may arise from missed statutes of limitation, missed deadlines, conflicts of interest, inadequate advice, errors in litigation, business transactions, trust and estate matters, tax matters, or other professional failures. The most substantial malpractice claims arise when professional negligence causes the loss of a valuable business claim, trust or estate interest, ownership interest, financial recovery, or other significant legal right.

Legal malpractice cases are among the most challenging cases in civil litigation. The client must prove not only that the attorney breached the applicable standard of care, but also that the attorney's conduct caused a loss that would not otherwise have occurred. Colorado law also requires proof of collectability in many cases.

Reynolds Gillette has experience representing both malpractice plaintiffs and attorneys in legal malpractice matters. That experience provides insight into how malpractice claims are evaluated, defended, insured, and resolved.

Most clients do not want to be involved in litigation. These disputes arise during periods of personal, financial, or professional stress. Litigation consumes time, attention, emotional energy, financial resources, and mental bandwidth that would otherwise be devoted to businesses, careers, families, investments, and future planning.

Reynolds Gillette believes disputes require thoughtful analysis, practical judgment, and a strategy built around the client's objectives.

Some matters should be resolved efficiently. Others require extensive discovery, motion practice, arbitration, mediation, or trial. The appropriate strategy depends on what is necessary to achieve the client's goals.

Many of these disputes involve allegations of dishonesty, concealment, self-dealing, negligence, or abuse of authority. Meaningful resolution often requires thorough investigation, extensive discovery, and a willingness to take the case through trial when necessary.

The goal is not activity for its own sake. The goal is to protect the client's interests and advance the client's objectives.

Clients work directly with the attorney responsible for strategy, decision-making, negotiation, and advocacy throughout the life of the matter.