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RANTZ v. KAUFMAN

No. 04SA273.

109 P.3d 132 (2005)

In re Geoffrey RANTZ, Plaintiff, v. Ann P. KAUFMAN and Rick B. Levinson, Defendants.

Supreme Court of Colorado, En Banc.

February 28, 2005.

Attorney(s) appearing for the Case

McConnell, Siderius, Fleischner, Houghtaling & Craigmile, L.L.C., Michael T. McConnell, Meghan E. Pound, Englewood, for Petitioners.

Edward J. LaBarre, Colorado Springs, for Respondent.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

In this original proceeding, two attorneys, Ann Kaufman and Rick Levinson, ask us to determine whether a former client, whom they had represented in a criminal case, must obtain postconviction relief before filing a malpractice claim against them. We decide that obtaining postconviction relief is not a prerequisite to filing suit. If postconviction relief has been sought and denied...

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