McLister v. Epstein & Lawrence

In McLister v. Epstein & Lawrence, 934 P.2d 844 (Colo. App. 1996), the Court upheld the trial court's refusal to allow the comparative negligence defense where the defendant-attorney knew of the client's alleged negligent conduct at the time the attorney agreed to represent the client. Thus, under McLister, a client's mistake made before the attorney was hired cannot be considered to be comparative negligence and raised as a defense by the attorney in a legal malpractice action.