Posts by Jesse Brant

Proctor Brant Judgment Recovery

Preserve your ability to recover on an old judgment

By Jesse Brant   · Read bio

 

As Miracle Max noted in The Princess Bride: “There’s a big difference between all dead and mostly dead. Mostly dead is slightly alive.” So it is with Colorado judgments, which come with an expiration date that can be extended so long as the judgment is still in the “slightly alive” category. A county court judgment remains enforceable for six years and a district court judgment for twenty years. A judgment lien, which secures a creditor’s right to collect from the equity in a judgment debtor’s real property, is valid for six years and is secured by recording a transcript of the judgment with the county’s clerk and recorder’s office. These expiration dates can be extended, however, through a procedure known as revival.… » Read the full post

Proctor Brant

Proctor Brant attorneys receive Colorado Super Lawyers recognition

By Josh Proctor and Jesse Brant  
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South Denver area law firm, Proctor Brant, PC, is pleased to announce attorneys Josh Proctor, Holly Bartuska and Drew Shively, have been recognized by Colorado Super Lawyers for 2020. Super Lawyers honors lawyers across more than 70 practice areas for outstanding service based on a patented selection process which includes independent research, peer nominations and peer evaluations. No more than five percent of attorneys in the state are selected.

Josh Proctor, co-founder of Proctor Brant, was selected to Colorado Super Lawyers in 2020 for the second year in a row. He was also previously designated to the list of Colorado Super Lawyers Rising Stars in 2009, 2010, 2011, 2012 and 2015.

Holly Bartuska and Drew Shively were both selected to Colorado Super Lawyers Rising Stars this year.… » Read the full post

Online Contract Terms and Conditions

Clickwrap and Other Types of Online Contracts: Four Principles to Follow In Creating a Legally Enforceable Electronic Agreement

By Jesse Brant   · Read bio

U.S. Supreme Court Chief Justice John Roberts once characterized modern cell phones as “such a pervasive and insistent part of daily life that a proverbial visitor from Mars might conclude they were an important feature of human anatomy.”[1] 

With the transformation of our society from handshakes and paper to electronics, and from clunky computers to handheld super computers, a wrap agreement is a staple for contract formation in the 21st century.

When written well, online contracts – including terms of service agreements and terms of use agreements – combine the security and formality of a contract with the efficiency that modern life demands. Electronic contract formats include browsewrap, clickwrap, scrollwrap and sign-in wrap agreements.

These electronic agreements allow a business to require a consumer to agree to contractual terms of service prior to doing business. … » Read the full post

Contracts and Invoices: Do These Four Things to Get Paid Easier

How to Make Getting Paid Easier: The Four Things That Should Be in Every Business Contract

By Jesse Brant   · Read bio

Getting paid is a critical part of doing business, but the effort that’s occasionally required to actually get paid can be frustrating at times. The strength of your customer relationships and your diligence in managing accounts receivable are paramount to getting paid. However, sometimes additional action – including legal action – can be required in order to secure payment. The good news is that there are certain contractual provisions you can put in place that will make the collection of overdue payments less costly and much easier for you.

Ideally, a written agreement setting forth payment terms should be part of every transaction.  That said, it’s useful to know that, generally speaking, a contract is not required to be in writing to be legally enforceable.… » Read the full post

Jesse Brant & Josh Proctor, Proctor Brant, P.C.

Help Your Attorney Help You: Tips for a Productive and Cost-Effective Legal Experience

By Jesse Brant and Josh Proctor  
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Many, if not most, people go through life without seeing the inside of a courtroom or having to deal with a legal dispute. This is a good thing. Those who have not been so fortunate know first-hand that even a minor legal dispute can be expensive and disruptive. For businesses that have been around for a while, needing legal assistance is typically a matter of “if,” not “when.”

If you have no prior involvement in civil litigation, or if your past experience left you dissatisfied, here are some tips for a productive and cost-effective experience with your attorneys.

At Proctor Brant, we’ve found that when clients hire an attorney sooner rather than later, gather case-related information promptly, and communicate openly with their attorney, it typically leads to more positive results all around.… » Read the full post

Underage drinking: The Colorado Dram Shop Act

Colorado’s Supreme Court Provides Clarity on Social Host Liability Under the Dram Shop Act

By Jesse Brant   · Read bio

For most parents, it is easy to imagine one’s college-aged son or daughter making a seemingly innocuous choice, i.e., hosting a party where alcohol is served, without giving much thought to the potential outcomes.  For a lawyer, it is similarly easy to imagine the grave consequences that could result from the decision to host such a party.  Those worlds came together in Przekurat v. Torres, a case arising from a serious car accident that occurred after the underage driver attended a college party where the hosts served alcohol.

In its Przekurat opinion, issued September 10, 2018, the Colorado Supreme Court clarified an important issue on social host liability under Colorado’s Dram Shop Act, holding that a social host who provides a place to drink alcohol must have actual knowledge that a specific guest is underage to be held liable for any damages caused by that underage guest.… » Read the full post

Colorado Litigation: A Summary of the September 2018 Changes to Colorado’s Simplified Civil Procedure Rule, C.R.C.P. 16.1

By Jesse Brant   · Read bio

In April of this year, the Colorado Supreme Court adopted a revised version of Colorado’s simplified civil procedure rule, C.R.C.P. 16.1. The revised version applies to cases filed on or after September 1, 2018 and includes changes that will affect how common claims are litigated. From a defense perspective, these changes may have a significant impact on the investigation, evaluation, and preparation of civil cases for potential settlement and trial.

First, Rule 16.1 will continue to apply presumptively to most common civil actions unless the filing party’s attorney certifies that the value of the party’s claims is reasonably believed to exceed $100,000. However, under the revised version of Rule 16.1, this certification will be subject to C.R.C.P. 11. Under the current rule, a plaintiff who wishes to be excluded from simplified civil procedure needs only complete a perfunctory opt-out process, which is not currently subject to Rule 11.… » Read the full post

Stormy Daniels, NDAs & Lawful Contracts: Can a Legal Agreement Be Enforceable If It Has Only One Signature?

By Jesse Brant   · Read bio

Sometimes the day’s political headlines can present legal questions with real-world implications for businesses across the country. The recent reappearance of Stormy Daniels in the news is a reminder of the ongoing non-disclosure agreement (“NDA”) controversy involving her and President Trump. As you’ll remember, this is a significant legal issue related to the enforceability of a contract that has not been signed by all parties.

Stephanie Clifford, aka Stormy Daniels[i], filed a lawsuit in California federal court alleging that the NDA between her and Trump is unenforceable because Trump did not personally sign the agreement. This happens to be a question pertinent to many businesses: Can an agreement be enforceable if only one party to the agreement signs it?… » Read the full post