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Robert D.
Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER
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6538 Charter
Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002
Toll Free (800) 410-1002
E-MAIL
ATTORNEY
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Attorney
Business Hours
Attorney
Availability Status
FREE
INITIAL CONSULTATION
Fax (719) 260-1003
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COLORADO SPRINGS
CHILD SUPPORT |
WELCOME
I appreciate your interest
perhaps I will become your lawyer |
PRIVATE
ATTORNEY
NOT
GOV'T CHILD
SUPPORT UNIT |
I welcome legal representation
inquiries,
but please do not call thinking this is a
government
child support enforcement unit.
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ETHICAL OBLIGATIONS
PRIOR CONVICTIONS *
ARRESTS * BAD ACTS |
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NOTICE
TO CLIENTS OR PROSPECTIVE CLIENTS
IMPORTANT
- READ THIS CAREFULLY
Effective January 1, 1993 - under the Colorado Rules of Professional Conduct (C.R.C.P.)
if an attorney is aware of prior or subsequent arrest(s), criminal charge(s) or
conviction(s) or other litigation or bad acts, the disciplinary rules place an
affirmative duty on all attorneys to inform the court of relevant facts not
before the judge, regardless of whether a litigant has given misinformation or
not. Put simply, DEFENSE ATTORNEYS ARE NOW REQUIRED TO INFORM THE SENTENCING
JUDGE AND OPPOSING COUNSEL OF PRIOR OFFENSES, ARRESTS OR BAD ACTS WITHIN THE
ATTORNEY'S KNOWLEDGE. Attorneys' obligation to deal fairly and with candor
to the court supercedes the attorney - client privilege regarding
communications. In short, if an attorney has knowledge that a client
is giving false information or relevant information is unknown to the court,
these disciplinary rules required counsel to correct the records or to withdraw
representation. Withdrawal may be the only viable option.
C.R.C.P. §1.2(d)&(e)
(scope and objectives of representation - fraud & prohibited conduct), §1.6
(confidentiality of information - attorney-client privilege), §3.1
(meritorious clams and contentions) and in particular, §3.3 (candor toward
the tribunal - disclosure requirements). I also reviewed statutes, editor’s
notes and annotations CRS 13-90-107(1)(b) (who may not testify without consent
- attorney-client privilege).
The Colorado Supreme Court disciplinary rules govern the conduct of all
attorneys licensed in Colorado; this is not unique to my office nor to criminal
defense attorneys - the rules apply to all Colorado attorneys. If the ethical
and disciplinary rules are violated, proceedings are available to remove,
suspend or censure every attorney's license to practice law.
The most common circumstances
in which this conflict may arise would be:
1. Prior DUI or alcohol
related traffic conviction out of state and no felony convictions.
Absent a felony charge or conviction, the DUI may not show up on an NCIC
records search. If the out of state DMV has cleared you as eligible for
a license, there would be nothing to show up in the DMV national holds
registry. Given that there is no national DMV record except for a.)
adverse action holds and b.) commercial driver's license (CDL), the prior
offense may be unknown to Colorado courts, prosecutors and probation officers.
2. Subsequent DUI or alcohol
related traffic charges arising after entry of plea and alcohol evaluation,
but before sentencing hearing. All counties are linked into the Colorado
Judiciary system - all types of cases including felony, misdemeanor and
traffic cases. Courts, prosecutors and probation officers have on-line
access to judicial records. However, if the new charges arose after plea
and evaluation, the last opportunity to run a computer records check would be
by the judge immediately before or at sentencing. The judge may or may
not search records.
3. In family law matters, an
affirmative disclosure is required at suit commencement regarding prior
allegations of domestic violence or child abuse allegations. A discovery
request would not be uncommon regarding other offenses or allegations, such as
drugs, theft, etc.
As a private attorney, when a client has remained silent and has not perpetrated
fraud on the court, I do not agree that confidentiality under the
attorney-client relation is subordinate to the duty as an officer of the court
to affirmatively inform the judge of prior criminal offenses or unfair debt
collection practices perpetrated by a creditor. Nor do I believe attorneys
should be obligated to disclose history information received in a confidential
setting. My opinion, though, is not important. I am an ethical attorney.
The rules exist and I will not violate. In fulfillment of my
ethical obligations, even without specific knowledge, I recommend disclosure of
prior or subsequent conviction(s), arrest(s) or bad act(s).
Shortly after being retained, but generally not thereafter due to cost, attorney
runs a
client
background search under the exact name provided by client. I have no knowledge or reason
to know if such matters are not disclosed by client, are not found in a records
search and are not found in discovery provided by the prosecution or opposing
counsel.
Therefore, IF YOU HAVE A PRIOR
OFFENSE OR ALLEGATION WHICH YOU DO NOT WISH DISCLOSED TO PROSECUTORS, TO
OPPOSING COUNSEL OR TO THE COURT, DO NOT INFORM THE ATTORNEY OR ANY STAFF IN
THIS OFFICE. You will be asked relevant questions by the attorney or
his staff. SIMPLY STATE YOU DO NOT WISH TO DISCUSS THOSE MATTERS AND NO
FURTHER INQUIRY WILL BE MADE. No conclusion will be drawn from your request
that inquiry be avoided. We will simply not discuss the subject.
IMPORTANT. It is very dangerous for your attorney to have limited
knowledge of relevant facts. The last place counsel should be educated is in the
courtroom or by opposing counsel. You may needlessly have a sanction imposed.
However, given the ethical and disciplinary rules which now govern Colorado
attorneys, you may not wish to tell counsel all relevant facts. This
attorney recommends disclosure of prior offenses or other bad acts. If you give
false information to the court or opposing counsel and are caught, sanctions
will be extreme. Whether or not to disclose is the client's decision. If you
exercise your right to remain silent, no false information is given.
In family law matters, this attorney specifically recommends that the matter be
discussed with counsel prior to initiation of any suit or defense. No one
knows your prior history better than a spouse or significant other - they simply
know where the skeletons are buried. Better practice is to deal with those
skeletons affirmatively rather than to attempt keeping them secreted.
The above information has been provided to place you on notice that the
attorney-client privilege no longer makes a lawyer's office "safe
haven" for your statements pertaining to prior offenses or allegations
which you do not want disclosed. This is similar to the criminal case
"Miranda warning."
At every first interview, all prospective clients are asked to sign a copy of a
similar notice indicating the prospective client received a copy and had
adequate time to read it before seeing the attorney or discussing the facts of
the person's case.
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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FIRST CONSULTATION - NOTICE |
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Attorney
welcomes representation
inquiries however the
purpose is not to provide free legal advice to the general public.
Unless seeking to retain counsel, please do not email or call.
Attorney does not provide legal opinions, answers or information
in response to questions submitted from non-clients, and attorney
is not the phone company 411 center for telephone number
information. Given the scope of internet accessibility, I
can not be the free "Colorado answer man" and will politely
decline requests of this nature. |
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Family law
cases occur across Colorado -
please refer to travel. |
Travel Policies & Trade Area
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Itemized Expenses
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Colo Map |
common fees have been
quoted and information provided
attorney
is prepared to provide legal representation |
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attorney
comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice |
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ALTERNATIVES |
FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare or Defend Own Family Law Case |
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1.
Adequate Time. If sufficient time exists to adequately prepare your
family law case or
defense and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your case or defense before a contested
court proceeding, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation or defense of your own case. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with procuring the court
file and coming up to speed in the case. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
family law case, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is
not sufficient time to adequately prepare your case or
defense before a contested court proceeding, please do
not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation or defense in your current family
law case. I decline. |
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POST
DECREE MATTERS
alternatives and find a
lawyer links provided as a courtesy
former clients are naturally welcome to call anytime
regarding any legal matter |
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1.
Post Decree Support, Property or Debt Enforcement. I accept most post decree requests
to
enforce a prior court order with respect to child support,
spousal maintenance, property or debt. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Post Decree Modification.
I will consider post decree modification of support,
parental responsibility or parenting time or setting aside a
former property or debt order, however I do consider the amount
of time elapsed since last order, circumstances surrounding the
modification and number of prior attorneys retained by a
prospective client. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Appeals. I
do not accept appellate matters unless I provided
representation at hearing or trial and am familiar with the facts,
testimony and exhibits received into evidence
and meritorious issues for appeal. That's been my policy for
years. Please do not
call or inquire regarding appellate matters if you are not a
former client. |
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ATTORNEY
TRADE AREA & TRAVEL
OUTSIDE EL PASO COUNTY
GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS |
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Colorado is a big state. Ease of internet access, email and toll free
phone doesn't change that fact. Due to frequency of court appearances, it is not economically justifiable for a client to pay travel time or
expenses beyond nearby counties. |
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his trade area due to cost considerations. |
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Attorney is very willing to travel
outside the Colorado Springs area to present or defend a case,
but please be aware travel time, mileage and expense would
apply. If you are from out of state or are unfamiliar with
Colorado geography, refer to the map to determine where
Colorado Springs
is located in relation to the county of your court case or
hearing. |
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| COUNTIES |
CITIES / TOWNS |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
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Arapahoe County |
Littleton / Centennial /
Englewood |
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Douglas County |
Castle Rock |
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Elbert County |
Kiowa / Simla |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Crowley County |
Ordway |
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Fremont County |
Canon City / Florence / Penrose |
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Pueblo County |
Pueblo |
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Teller County |
Cripple Creek / Woodland Park |
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Adobe
Acrobat Reader version 5 or later is required to view .pdf files 
Free Download
| please feel free
to call or email if you are a client or are seeking representation |
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FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2003
- All Rights Reserved - Document Revised
December 01, 2008
no copyright claimed to images other than photograph and law office logo
Topical Website Initial Publication Date: February 24, 2004
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