Original Proceeding Pursuant to C.A.R. 21, Boulder County
District Court Case No. 17CV30454, Honorable Thomas F.
for Plaintiff: Purvis Gray Thomson, LLP, John A. Purvis,
Hatten & Banker, PC, James H. Chalat, Denver, Colorado
for Defendant: Childs McCune LLC, Daniel R. McCune, Margrit
Lent Parker, Denver, Colorado
In this proceeding brought pursuant to C.A.R. 21, plaintiff
Carol Rademacher challenges the district courts ruling that
she impliedly waived her attorney-client privilege by filing
a legal malpractice complaint close to the expiration of the
two-year statute of limitations and by then contesting
defendant Ira Greschlers statute of limitations defense.
We conclude that on the facts presented, Rademacher did not
assert a claim or defense that either focused or depended on
advice given by her counsel or that placed any privileged
communications at issue. Accordingly, we further conclude
that Rademacher did not impliedly waive her attorney-client
privilege in this case.
We therefore make our rule to show cause absolute.
I. Facts and Procedural Background
This case has a lengthy procedural history, including two
appeals to the court of appeals, but only some of that
history is pertinent here.
Greschler served as Rademachers attorney on various matters
for more than two decades. One of the matters in which
Greschler represented Rademacher involved the settlement of
potential civil claims that Rademacher had brought against a
man named John Becker and his wife.
As pertinent here, for approximately ten years, Rademacher
and Becker were involved in an extramarital relationship.
Beckers wife ultimately confronted and assaulted Rademacher,
after which Rademacher contacted the police. As a result, the
police charged Ms. Becker with assault, and Rademacher
submitted a victim impact statement, asking that Ms. Becker
be prosecuted to the full extent of the law.
Subsequently, the Beckers and Rademacher entered into a
settlement agreement, under which Rademacher agreed not to
pursue any claims against the Beckers and to ask the Boulder
District Attorneys office to offer Ms. Becker a deferred
sentence. In exchange for these promises, Becker executed
a $300,000 promissory note payable to Rademacher.
Pursuant to the agreement, Rademacher signed a letter to the
district attorney indicating her desire that Ms. Becker be
offered a deferred sentence, and Becker made several payments
on the note totaling $35,000. Becker, however, subsequently
stopped making payments, and ...