Firm chairman Michael O'Donnell has represented over 100 lawyers, as well as other professionals. He has been included in the legal malpractice section of Best Lawyers^® several years in a row.  In 2011, Best Lawyers^® named Mike the Denver Legal Malpractice Lawyer of the Year. He has been listed among the Top 50 Colorado Super Lawyers^® since its inception, including being on its Top 10 list multiple times.  Mike chaired the Colorado State Committee of the American College of Trial Lawyers and has served on ACTL's code of Conduct Committee.  He was a Chairman of an ABA task force on issues affecting the legal profession, was a liaison to the ABA Standing Committee on Professional Discipline, and is a member of the Defense Research Institute's Professional Liability Committee.  He has taught numerous continuing legal education classes on professional responsibility and avoiding legal malpractice claims.

Partner Carolyn Fairless counts among her clients several of the most highly respected law firms and lawyers in Denver. She has successfully obtained dismissals or complete summary judgments in favor of her clients in several legal malpractice lawsuits where the plaintiffs sought millions of dollars in damages. Carolyn frequently presents continuing legal education programs to lawyers on how to prevent legal malpractice claims. Carolyn has appeared on the list of Colorado Super Lawyers^® under Professional Liability: Defense and she has appeared on its list of top women lawyers multiple times. She was selected a top woman lawyer by Colorado Law Week in 2010.

Of Counsel Nancy Cohen focuses her practice on the representation of law firms and lawyers in regulatory, grievance, and legal malpractice matters.  Before joining the firm in 2010, Nancy was the Chief Deputy Regulation Counsel with the Colorado Supreme Court Office of Attorney Regulation where she investigated and prosecuted lawyers for violations of ethical rules, implemented a nationally recognized attorney-regulation system, and gave hundreds of presentations to lawyers and other groups on ethics and legal malpractice issues.  As a trial lawyer in private practice from 1982-1999, Nancy handled complex civil litigation matters, including employment and lawyer disciplinary matters.

Following is a representative sample of legal malpractice matters we have handled.

• WTO obtained a favorable trial verdict in Denver District Court on behalf of a Denver law firm 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. The judge dismissed the former client's counterclaim and awarded WTO's client the full amount of fees owed plus interest.
• In a legal malpractice matter for a Denver law firm, WTO won an arbitration award that denied all claims and awarded the firm's client unpaid fees, plus interest, attorneys' fees and costs.
• WTO represented a large law firm in a legal malpractice case where the plaintiff was seeking millions of dollars in damages. On the eve of trial, the case settled to the client's satisfaction for a fraction of the plaintiff's original demand.
• We won partial summary judgment on behalf of 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.
• In a legal malpractice case against a Denver law firm in which the plaintiff sought $7 million in damages, we obtained summary judgment for our client and an award of attorneys' fees against the plaintiff and the plaintiff's lawyers. The plaintiff appealed the award of attorneys' fees, and the parties settled the appeal with payments being made to our client.
• We won complete summary judgment in a legal malpractice case one week before a two-week trial was scheduled to begin. The plaintiff had sought over $5 million in damages.
• We obtained summary judgment in a legal malpractice action in which the plaintiffs were seeking $4 million in damages. The court awarded attorneys' fees in favor of our client. While the fees issue was being briefed, the parties settled the fee award, with payments being made to our clients.
• We 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 our clients.