Carolyn J. Fairless

Biography

Cases

• Won a permanent injunction for an AmLaw 200 firm following a bench trial.
• Won a 15-day arbitration for a law firm in a malpractice case arising from a construction-defect lawsuit.
• Won an appeal in the Tenth Circuit for an AmLaw 100 firm reversing the deinal of a motion to dismiss an adversary proceeding on a statutory construction isue of first impression.
• Won a Kentucky appeal for a law firm accused of aiding and abetting a client's breach of fiduciary duty in a $500 million estate dispute.
• Won a defense jury verdict for a lawyer and law firm facing outrageous conduct and malicious prosecution claims.
• Won a second unanimous jury verdict for a leading auto-parts manufacturer in an 11-year-old breach of contract dispute in federal court in Kentucky. Due to the results of a prior appeal, WTO's client held the burden of proof on key issues in the trial.
• Won a trial for two estate creditors accused of colluding with an estate representative to defraud the primary beneficiary. The presiding judge entered judgment for WTO's clients, concluding that the plaintiff had failed to prove virtually every necessary element of her claims.
• Argued and won a motion to dismiss $150 million malpractice claims brought in Nevada against an AmLaw 200 firm. The allegations involved the accuracy of an underlying tax opinion.
• Won an arbitration award for a lawyer and law firm against malpractice claims related to a 2014 real estate deal. Claimants asserted damages of $3 million plus interest. The arbiter ruled for WTO's client and found that no malpractice occurred.
• Won a complete defense verdict for a lawyer and law firm accused of malpractice in the handling of a sale of interests in the plaintiff's company.
• Won an arbitration for a law firm client that sued its former client for unpaid fees and was countersued for malpractice. The arbitrator rejected the malpractice claims and awarded WTO's client its unpaid fees plus interest, as well as its legal fees and costs incurred in the arbitration.
• Won a complete defense verdict in a professional liability claim against a law firm and lawyer. The plaintiff alleged that WTO's client was negligent, yet the jury found that not only was our client not negligent, but that the alleged negligence didn't cause the claimed damages.
• Obtained Rule 12 dismissal for a Midwest-based, AmLaw 200 firm facing claims exceeding $500 million in state court in Kentucky.
• Won a complete defense jury verdict for a major auto parts manufacturer in federal court in Kentucky. WTO was called in just six months before trial in this protracted contract dispute that had already included two trips to the Sixth Circuit.
• Won Tenth Circuit victory for a law firm client in protracted litigation arising out of a divorce and bankruptcy characterized as "the most complex [the divorce court] has seen in 25 years." The plaintiff-husband sued WTO's client, which handled the bankruptcy proceedings for the plaintiff's ex-wife, and the ex-wife's divorce counsel, in federal court. The Tenth Circuit's ruling in this matter follows a 2015 ruling for our client from the Tenth Circuit Bankruptcy Appellate Panel.
• Won summary judgment for a large regional law firm in a legal malpractice case involving claims that the firm's lawyers failed to properly advise the plaintiff regarding environmental issues in an underlying real estate transaction.
• Won a unanimous opinion from the Colorado Supreme Court that strongly upholds Colorado's strict privity rule in determining whether non-client beneficiaries may sue an estate lawyer for malpractice or professional liability. In its opinion, the Court adopted the most stringent test, as WTO advocated, and affirmed that the plaintiffs lacked standing to sue our clients.
• Won a defense verdict for Pepsi Bottling Group in a six-day jury trial. The plaintiff claimed a traumatic brain injury as a result of being struck with falling merchandise from a retail display. WTO's client was one of two defendants in the litigation, and the jury assigned no fault to our client.
• Prevailed before the Tenth Circuit Bankruptcy Appellate Panel, which affirmed a bankruptcy court's order of summary judgment for WTO's client, a law firm that had been sued for representing its client in bankruptcy proceedings that became intertwined with a protracted divorce in which the plaintiff (to the appeal) was a party.
• Won a complete defense jury verdict in a $12 million legal malpractice case. The jury found in favor of WTO's client on all claims and also awarded unpaid legal fees owed by plaintiffs.
• Won a complete defense jury verdict in federal court for a large international law firm accused of malpractice. The plaintiff hired WTO's client to handle a complex patent infringement matter, then sued the firm for negligence and breach of fiduciary duty.
• Won back-to-back Colorado Court of Appeals victories in June 2013 in legal malpractice cases involving claims of failure to disclose, negligent misrepresentation, fraudulent concealment, and breach of fiduciary duty.
• Defeated class certification in federal court in Oklahoma in a case involving thousands of claimants against a law firm that represents clients before the Social Security Administration. Following the denial of certification, the court granted summary judgment in favor of WTO's client on all remaining individual claims in the case.
• Won a bench verdict in state court in a legal malpractice matter. After the law firm brought a collection action against a former client, the former client countered with a multimillion-dollar damages demand, claiming breach of fiduciary duty. Following a one-week trial, the judge dismissed the former client's counterclaim and awarded WTO's client the full amount of fees owed plus interest.
• Won an arbitration award in favor of a law firm client. The arbitrator denied all legal malpractice claims against WTO's client and awarded it unpaid fees, plus interest, attorneys' fees, and costs.
• Represented plaintiffs challenging the constitutionality of increasing copyright protection by 20 years and Section 514 of Uruguay Round Agreements Act extending copyright protection to foreign works. The United States Supreme Court ruled the statutes were constitutional.
• Obtained a Rule 12(b) dismissal of a complaint filed in federal court in Missouri against a large international law firm. The plaintiffs ultimately obtained an eight-figure jury verdict against the remaining defendants in the case.
• Successfully defended against a real estate company's claims that WTO's client's interference caused the loss of a $2 million investment when it prevented the sale of a shopping center before the real estate market crashed. WTO was retained in the last months before trial, and despite rulings made before WTO's engagement that the basis for interfering lacked merit as a matter of law, following trial, the court ruled for WTO's client on all issues of liability, causation, and damages.
• Obtained a Rule 12(b) dismissal of a malpractice case against five lawyers. The opposing party appealed the dismissal and, while the appeal was pending, the case settled with no payments being made by WTO's clients.
• Obtained summary judgment for a law firm client and an award of attorneys' fees in a legal malpractice case in which the plaintiff sought $7 million in damages. The plaintiff appealed the award of attorneys' fees, and the parties settled the appeal with payments being made to the client.
• Obtained partial summary judgment in federal court for a large national law firm that had been sued for malpractice, aiding and abetting, conspiracy, and violations of RICO. The ruling reduced the damage claim from over $150 million to less than $2 million and paved the way for a favorable settlement of the case.
• Awarded complete summary judgment in a legal malpractice case one week before a multi-week trial was scheduled to begin. The plaintiff had sought over $5 million in damages.

Publications & Speaking Engagements

Presentations

• Moderator, "Nuclear Verdicts for Lawyers: We are not Immune," American Bar Association National Legal Malpractice Conference, (April 20, 2023).
• Presenter, "Winning at Trial; Closing Argument," Colorado Bar Association CLE Seminar, (March 9, 2023).
• Panelist, "Hazards in Co-Counsel, Local Counsel and Referral Relationships," American Bar Association National Legal Malpractice Conference, (September 22, 2022).
• Mock Trial presentation, made to the Attorneys' Liability Assurance Society Annual General Meeting, (June 17, 2022).
• Moderator, "The Changing Litigation Landscape: Trials and Hearings in 2022 and Beyond," American Bar Association National Legal Malpractice Conference, (April 8, 2022).
• Moderator, "Pointing the Finger at the Plaintiff," American Bar Association National Legal Malpractice Conference, (September 23, 2021).
• Presenter, "Ethical or Unethical? Potential Pitfalls in Trial Practice," Colorado Defense Lawyers Association Summer Conference, (July 31, 2021).
• Presenter, "Foundations: How to Prepare for a Deposition," Colorado Bar Association CLE Estate Planning Retreat, (June 11, 2021).
• Presenter, "Unexpected Peril: The Evolution of Third-Party Claims Against Lawyers," Association of Professional Responsibility Lawyers Mid-Year Meeting, (March 5, 2021).
• Presenter, "Ethical Pitfalls in Trial Practice," Colorado Bar Association CLE Seminar, (November 12, 2020).
• Presenter, "Best Practices and Ethics in the Profession," Colorado Bar Association CLE Seminar, (June 20, 2019).
• Presenter, "Conducting Voir Dire," Practicing Law Institute, (May 21, 2019).
• Presenter, "Ripped From the Headlines: Real World Cautionary Tales in Attorney Ethics," Colorado Law Homecoming & Reunion Weekend, (October 27, 2018).
• Presenter, "We Told You So – Loss Prevention Success Stories," Attorneys' Liability Assurance Society Annual General Meeting, (June 22, 2017).
• Presenter, "A Primer on Lawyers' Professional Liability Insurance," Colorado Bar Association CLE, (January 27, 2017).
• Presenter, "Pretrial Discovery and Depositions," Colorado Bar Association CLE, (November 2, 2016).
• Presenter, "Insurance Coverage Issues in Estate, Trust and Fiduciary Litigation," 36th Annual Estate Planning Retreat, (June 9-11, 2016).
• Presenter, "Baker v. Wood Ris & Hames: Privity Prevails," Trust & Estate section CLE luncheon series, (March 1, 2016).
• Presenter, "Location, Location, Location: The Decisions Involved in Venue Selection," ABA Fall 2015 National Legal Malpractice Conference, (September 17, 2015).
• Presenter, "A Primer on Lawyers' Professional Liability Insurance," Colorado Bar Association CLE's Hanging Your Shingle: Hardware. Software. Anywhere You Want to Go, (August 20-22, 2015).
• Presenter, "Policy Exclusions, Conditions, Endorsements, and Coverage Gaps," Colorado Bar Association's Understanding Your Professional Malpractice Insurance Policy, (December 11, 2014).
• Presenter, "Legal Malpractice: Preventing Claims and Grievances," CLE International's The Ethics CLE annual conference, (December 8, 2014).
• Presenter, "Lessons Learned: Protecting In-House Counsel From Malpractice Claims," Association of Corporate Counsel's Eighth Annual Ethics Day For In-House Counsel, (December 3, 2014).
• Presenter, "The Defense Perspective: How Loss Prevention and Firm Management Practices Can Impact Malpractice Claims," Ethics CLE at Wheeler Trigg O'Donnell, (November 19, 2014).
• Presenter, "Attorney Liability to the ‘Near Client' and Non-Client: It's not just your clients you have to worry about!," Pilot Legis Annual Member Conference, (November 7, 2014).
• Presenter, "Hazards in Co-Counsel, Local Counsel and Referral Relationships," AON Law Firm Symposium, (October 15, 2014).
• Presenter, "Malpractice Insurance - Hanging Your Shingle: Your Future Begins Now," Colorado Bar Association CLE, (August 15, 2014).
• Presenter, "Protecting Yourself and Your Firm: What are the Questions to Ask About Insurance Coverage?" Colorado Bar Association, (January 30, 2014).
• Presenter, "Avoiding Missteps in Handling Litigation and Other Disputes," Association of Corporate Counsel Colorado Chapter, (December 5, 2012).
• Presenter, "Ethics: Be Careful What You Ask For: Pitfalls in Settlement Negotiations," Network Trial Law Firms' Litigation Management in a New York Minute seminar, (August 10, 2012).
• Presenter, "Policy Exclusions, Conditions, Endorsement, and Coverage Gaps: Malpractice Insurance Coverage - What's Your Policy?," CLE accredited seminar, Denver, Colorado, (April 15, 2011).
• Presenter, "Human Resource Management and Oversight," legal malpractice prevention CLE, (January 27, 2011).
• Presenter, "Deposition Strategy 101," Colorado Defense Lawyers Association CLE Seminar, (December 4, 2009).
• Presenter, "Preventing Legal Malpractice, Potential Pitfalls and How to Avoid Them," Colorado Bar Association Continuing Legal Education Seminar, (2009-2013).
• Presenter, "Alternative Dispute Resolutions/Mediation Settlement Strategies," CNA continuing education program, (March 13, 2008).
• Panelist, "Preventing Legal Malpractice," Colorado Bar Association CLE, (January 17, 2003 and January 31, 2008).
• Presenter, "Interviews With Former Employees: Strategies and Pitfalls," The Prac. Litigator, at 47, (March 2005).
• Presenter, "Non-Liability to Non-Participants: A Manufacturer's Duty Should End at the Playing Field, and Not Extend to Criminal Acts," Mealey's Prod. Liab. & Risk, (August 29, 2002).

Articles

• "Behavioral Ethics and the Practice of Law, ALAS Loss Prevention Journal," Co-Author, Vol. XXX, No. 2, (Winter 2019).

Book Chapters

• "Legal Malpractice," Co-Author, Chapter 24, Colorado Civil Claims: Elements, Defenses, and Sample Pleadings, First Edition, Continuing Legal Education in Colorado, Inc. (2019).

Press

• "Firm Retrospective: The World Has Changed a Lot in 25 Years, But Law Remains Focused on Human Needs," Law Week Colorado
• Chambers USA: WTO "Acts Totally with the Client's Interest at Heart."
• "Power of Attorneys": Carolyn Fairless Featured in DBJ Cover Story
• CU Law Recognizes Carolyn Fairless with Distinguished Achievement Award
• Benchmark Litigation 2021 Includes 23 WTO Lawyers
• Chambers USA 2020: WTO Leads Nationwide, Colorado
• Carolyn Fairless Inducted as Fellow of American College of Trial Lawyers: Nine WTO Attorneys are ACTL Fellows
• 27 WTO Lawyers Recognized in The Best Lawyers in America 2019
• WTO Leads Top 100 in Colorado Super Lawyers
• Carolyn Fairless Named 2018 Top Litigator
• WTO Leads Barrister's Best People's Choice Awards
• 26 WTO Lawyers ranked in the 24th Edition of The Best Lawyers in America
• Benchmark Litigation Names WTO Lawyers to Top 250 Women in Litigation and Under 40 Hotlist
• Chambers USA 2017 recognizes Wheeler Trigg O'Donnell among the top litigation firms nationwide and in Colorado
• Carolyn Fairless Named to MCCA Top 10 Rainmakers
• 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List
• Denver Business Journal Selects Carolyn Fairless to 2016 Power Book
• 20 WTO Lawyers ranked in the 23rd Edition of The Best Lawyers in America®
• DRI The Voice, March 30, 2016.
• Law Week Colorado, "High Court Sticks With ‘Strict Privity,'" January 27, 2016.
• Denver Business Journal, "Colorado Supreme Court: Attorneys Can't Easily be Sued by People They Don't Represent," January 19, 2016.
• Denver Business Journal, "Fostering Culture Helps Law Firms Woo and Retain Top Talent," January 15, 2016.
• WTO Management Team Wins Three of Three
• Law Week Colorado, "WTO Partners Rack Up Defense Wins," November 30, 2015.
• DRI The Voice, November 4, 2015.
• Carolyn Fairless Named One of "Five Female Attorneys Who Will Make an Impact Over the Next 10 Years"
• 20 WTO Lawyers ranked in the 22nd Edition of The Best Lawyers in America®
• Law Week Colorado, "Top 50 Women: 2015," April 8, 2015.
• Managing Partner Carolyn Fairless a 2014 Law Week Colorado Lawyer of the Year
• Law Week Colorado, "Malpractice Master," December 15, 2014.
• Best Lawyers® 2015 Ranks 20 WTO Attorneys
• Carolyn Fairless Listed in Benchmark Top 250 Women in Litigation 2014
• Benchmark Litigation 2013 Ranks Seven WTO Partners Among 33 Colorado Litigation Stars
• WTO Expands Executive Management Team: Carolyn J. Fairless Is New Managing Partner
• Law Week Colorado, "Wheeler Trigg O'Donnell Expands Executive Team," October 3, 2012.
• Denver Business Journal, "Management Team Grows at Wheeler Trigg O'Donnell," October 3, 2012.
• Network of Trial Law Firms, "Ethics: Be Careful What You Ask For: Pitfalls in Settlement Negotiations," August 30, 2012.

Other Experience

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors

Teaching Positions

Personal Interests