Nancy L. Cohen

Partner

  • location icon Denver, CO
    1700 Lincoln Street
    Denver, CO 80203

Nancy Cohen is a partner in the Denver office of Lewis Brisbois and a member of the Professional Liability Practice. Her practice primarily focuses on the representation of lawyers in malpractice claims and grievances and provides risk management advice to lawyers and law firms. Nancy defends health care and other professionals concerning licensure issues. Over the course of her career, Nancy has handled a variety of matters, including commercial litigation matters, contract disputes and personal injury. She has a Colorado State and Federal practice, including trial and appellate matters.

Legal Experience

  • Successfully defended a motion for sanctions filed against an attorney in federal district court.
  • Won summary judgment for an out-of-state law firm and individual lawyers on a variety of claims in federal district court. The summary judgment order was affirmed on appeal by the 10th Circuit.
  • Won a Motion to Dismiss on behalf of a lawyer arising from the lawyer's representation of a mortgage company in a foreclosure case. The federal district court awarded attorneys' fees and costs to the lawyer.
  • Successfully defended a trespass claim in Colorado state court.
  • Tried a four day disciplinary trial brought against a lawyer before the Colorado Supreme Court Hearing Board. Several charges were dismissed before the trial began. The hearing board imposed a two month stayed suspension rather than the two year served suspension the People requested.
  • Won a Motion to Dismiss on behalf of a lawyer on claims involving defamation, RICO, conspiracy, outrageous conduct and other claims. The court awarded the lawyer his attorneys' fees and costs.
  • Tried a two day lawyer disciplinary trial before the Colorado Supreme Court Hearing Board. Several charges were dismissed after presentation of the evidence. The People appealed dismissal of one claim, and after oral argument the Colorado Supreme Court affirmed the hearing board's decision.

Prior Experience

MiletichCohen PC, Co-founder of a boutique litigation firm. Colorado Supreme Court Office of Attorney Regulation Counsel where Nancy was chief deputy regulation counsel.

Offices Held

  • President of the Denver Bar Association
  • Member and now Special Advisor to the ABA Center for Professional Responsibility Standing Committee on Discipline
  • Past Chairman of the CBA Ethics Committee

Published Opinions

  • In re Gilbert, 346 P.3d 1018 (Colo. 2015)
  • Templeton v. Caitlin Specialty Ins., 612 Fed. Appx. 940 (10th Cir. 2015)
  • Baker v. Wood Ris & Hames, 2016 Stet CO 05 (January 19, 2016)(authored the Amicus Brief on behalf of the Colorado Bar Association)

Appointments

Colorado Supreme Court Standing Committee on the Rules of Professional Conduct, 2003-present

Community Activities

Family Star Montessori, Board of Directors, 2007-present, Chairman 2009-2015 

Publications

Professional Presentations

  • "Real World Ethical Dilemmas and Malpractice Claims Transactional Lawyers Face" Business Law Institute, October 29, 2015
  • "How to Stay Out of Trouble: Practical Tips for Avoiding Legal Malpractice Claims and Grievances” Colorado Women’s Bar Association 38th Annual Convention, May 16, 2015.
  • “Oil and Gas Law Advanced Topics – Ethics: Confidentiality and Conflicts of Interest, Landman Unauthorized Law Practice, and Multijurisdictional Practice Issues.” CBA/CLE, March 12, 2015
  • “A Perspective on Practice Pitfalls.” Preventing Legal Malpractice Seminar 2015. CBA/CLE, February 6, 2015.
  • “ETHICS: When You Don’t Think – How You Can Get Into Trouble, Fees and Other Conflicts of Interest Issues That Arise In Estate Administration.” Advanced Estate Administration CBA Trust and Estate Section, January 23, 2015.
  • “The Ethical Pitfalls of Representing a Fiduciary, Acting as a Fiduciary or Representing Multiple Clients on an Estate or Trust Matter: How to Avoid Being Sued or Grieved.” 34th Annual Estate Planning Retreat, June 11 & 12, 2014.
  • “Why Should Lawyers Think About Conflicts of Interest at the Beginning or Representation and Determine Who the Lawyer Represents?” Willis Carpenter Real Estate Symposium, July 11, 2014.
  • “The Opposing Party Just Sued Me – Now What? Legal Malpractice Claims Brought By Third Parties.” CBA/CLE, June 2, 2014.
  • “Preventing Malpractice and Ethics Compliance for Family Law Attorneys.” CBA/CLE, Family Law Fall Update. Denver, Colorado, October 25, 2013.
  • “Legal Ethics for Corporate and Transactional Attorneys, Third Party Complaints and Fee Issues” CBA/CLE, Business Law Institute. Denver, Colorado, October 17, 2013.
  • “Musings from the Other Side: Fee Agreements, Trust Accounts and Some Practical Advice.” Hanging Your Shingle Seminar, CBA/CLE. Denver, Colorado, August 15, 2013.
  • “Preventing Legal Malpractice and Ethics of Compliance for Real Estate Attorneys.” Willis Carpenter Real Estate Symposium. Snowmass, Colorado, July 11, 2013

Admissions

Colorado

United States District Court for the District of Colorado

United States District Court for the Eastern District of Michigan

United States Court of Appeals, 10th Circuit

United States Supreme Court

Associations

  • President, Denver Bar Association
  • Colorado Bar Association (member of the Professional Liability Committee and Ethics Committee)
  • American Law Institute
  • Member and now Special Advisor to the American Bar Association Center for Professional Responsibility Standing Committee on Discipline
  • Defense Research Institute

Awards & Honors

  • Preeminent AV-rated® by Martindale-Hubbell 
  • Top 100 Colorado Super Lawyer for 2015-2016, Top 50 Colorado Women Super Lawyers for 2014-2016, and has been a Colorado Super Lawyer Professional Liability-Defense since 2013
  • Fellow, American Bar Association Foundation
  • Fellow, Colorado Bar Foundation
  • First recipient of the Alumni Professionalism Award from the University of Denver Sturm College of Law

Education

University of Denver Sturm College of Law

1981

  • Member, Denver Law Journal

University of Denver

1978

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