Koehler & Melichar Obtain Defense Verdict – Client Awarded Reasonable Attorney Fees And Costs Exceeding $400,000

Denver, Colorado, partners Kim Koehler and Jason Melichar obtained a complete defense verdict in Probate Court in a professional liability action brought by a former protected person against Wilson Elser's attorney client. In the action, our client was appointed by the court as a limited conservator. After the protected arrangement was terminated, the former protected person claimed that our client had breached her fiduciary duty and requested imposition of a surcharge. The petitioner claimed significant compensatory damages of several million dollars and the estate's attorney's fees. Kim and Jason successfully defended the client against the Petition for Surcharge, which would have severely damaged the client both professionally and monetarily had it been granted. After a week-long bench trial, the judge entered judgment in favor of the firm's client finding the petitioner failed to prove that the client had violated her fiduciary duty. As the prevailing party under an applicable probate statute, our client was awarded reasonable attorney fees and costs exceeding $400,000 by the court.