relationship test in Colorado

2016See Hensley , 461 U.S. 424 .

2016See Hensley, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 .

2025See People v. Coughlin, 304 P.3d 575, 582 (Colo. App. 2011) (“Even if an objection to evidence does not specifically identify the rule underlying the objection, it is nonetheless sufficient to preserve an issue for appeal if the objecting [party] presents arguments or utilizes language that alerts the trial court to the impending error.”).

2009Lincoln, 161 P.3d at 1281 (considering the factual overlap between cases to determine whether a conflict arising out of prior representations of witnesses exists); Frisco, 119 P.3d at 1096 (applying the substantial relationship test to a witness conflict).

2009Lincoln, 161 P.3d at 1281 (considering the factual overlap between cases to determine whether a conflict arising out of prior representations of witnesses exists); Frisco, 119 P.3d at 1096 (applying the substantial relationship test to a witness conflict).

2009Hence, under our precedent, the substantial relationship test must be applied to conflicts of the entire district attorney's office under section 20-1-107(2). [3] See also Restatement (Third) of the Law Governing Lawyers § 132 cmt. d(iii) (2000) ("The substantial-relationship test avoids requiring disclosure of confidential information by focusing upon the general features of the matters involved and inferences as to the likelihood that confidences were imparted by the former client that could be used to adverse effect in the subsequent representation."). [4] But see People v. Dunlap, 975 P.2d

2009Comment three to Rule 1.9 explains that matters are "substantially related" if there is "a substantial risk that confidential factual information as would normally have been obtained in the prior representation would materially advance the client's position in the subsequent matter." Thus, the substantial relationship test focuses on "the risk-as opposed to the actual fact-of disclosure." Annotated Model Rules of Professional Conduct 164 (6th ed.2007); see also Analytica, Inc. v. NPD Research, Inc., 708 F.2d 1263, 1266 (7th Cir.1983) (collecting cases and concluding "'gubstantially related ...

2009Comment three to Rule 1.9 explains that matters are "substantially related" if there is "a substantial risk that confidential factual information as would normally have been obtained in the prior representation would materially advance the client's position in the subsequent matter." Thus, the substantial relationship test focuses on "the risk—as opposed to the actual fact—of disclosure." Annotated Model Rules of Professional Conduct 164 (6th ed.2007); see also Analytica, Inc. v. NPD Research, Inc., 708 F.2d 1263, 1266 (7th Cir.1983) (collecting cases and concluding "`substantially related' ..

2009Lincoln, 161 P.3d at 1281 (considering the factual overlap between cases to determine whether a conflict arising out of prior representations of witnesses exists); Frisco, 119 P.3d at 1096 (applying the substantial relationship test to a witness conflict).

2009Compare People v. Lincoln, 161 P.3d 1274, 1278-81 (Colo.2007) (applying the substantial relationship test to the disqualification of an individual prosecutor by holding that "no facts show that [Tuttle and Eret's] prior representation of the three witnesses is substantially related to the pending prosecutions against Lincoln," and concluding that as a result, no "special circumstances [the standard from section 20-1-107(2)] exist in this case that would warrant disqualification of Tuttle, Eret, and the Mesa County District Attorney's Office." (emphasis added)), with People v. Chavez, 139 P.3d

2009Compare People v. Lincoln, 161 P.3d 1274, 1278-81 (Colo.2007) (applying the substantial relationship test to the disqualification of an individual prosecutor by holding that "no facts show that [Tuttle and Eret's] prior representation of the three witnesses is substantially related to the pending prosecutions against Lincoln," and concluding that as a result, no "special circumstances [the standard from section 20-1-107(2)] exist in this case that would warrant disqualification of Tuttle, Eret, and the Mesa County District Attorney's Office." (emphasis added)), with People v. Chavez, 139 P.3d

2009Compare People v. Lincoln, 161 P.3d 1274, 1278-81 (Colo.2007) (applying the substantial relationship test to the disqualification of an individual prosecutor by holding that "no facts show that [Tuttle and Eret's] prior representation of the three witnesses is substantially related to the pending prosecutions against Lincoln," and concluding that as a result, no "special circumstances [the standard from section 20-1-107(2)] exist in this case that would warrant disqualification of Tuttle, Eret, and the Mesa County District Attorney's Office." (emphasis added)), with People v. Chavez, 139 P.3d

2001See First National Bank v. Rostek, 182 Colo. 437 , 514 P.2d 314 (1973); ITT Specialty Risk Services v. Avis Rent A Car Sys.

2001See First National Bank v. Rostek, 182 Colo. 437 , 514 P.2d 314 (1973); ITT Specialty Risk Services v. Avis Rent A Car Sys.