Practice Areas: Family Law, Professional Liability, Appellate; view more
Licensed in Colorado since: 1984
Education: University of Denver Sturm College of Law
Selected to Super Lawyers: 2006 - 2025 Call today:
303-302-1829
Virtual Appointments Ciancio Ciancio Brown, P.C.
1660 Lincoln StSuite 2000
Denver, CO 80264 Visit website
Details
As an 19-time Super Lawyers selectee, an AV Preeminent® Rated attorney with Martindale-Hubbell®, and an attorney with 40 years of experience protecting the rights of his clients, Marc Kaplan has earned a reputation as a skilled strategist and advocate in court. Marc primarily handles highly complex cases in the areas of Legal Malpractice and Divorce, as well as appeals in all civil areas of the law. Marc's cases are often referred by other attorneys who feel they lack the expertise needed to navigate the legal system in complex or high conflict cases. Marc has appeared in over 600 cases in Colorado, plus numerous cases in the Colorado Court of Appeals and Colorado Supreme Court, and has been a frequent lecturer and legal expert on Colorado and National news and television organizations. Marc also is often hired as an expert witness, establishing the standard of care for other attorneys and whether an attorney has fallen below that standard. Marc partners with a team of excellent lawyers and paralegals to provide the highest level of advice and representation.
Practice areas
Family Law, Professional Liability: Plaintiff, Appellate, Personal Injury - General: PlaintiffFocus areas
Adoption, Alimony & Spousal Support, Appeals, Child Support, Custody & Visitation, Dissolution, Divorce, Domestic Violence, Legal Malpractice, Marital Property, Mediation & Collaborative Law, Motor Vehicle Accidents, Personal Injury - Plaintiff, Professional Malpractice - Other, Trucking Accidents, Wrongful Death
- 30% Family Law
- 30% Professional Liability: Plaintiff
- 20% Appellate
- 20% Personal Injury - General: Plaintiff
First Admitted: 1984, Colorado
Professional Webpage: https://www.colo-law.com/attorneys/marc-j-kaplan/
Bar/Professional Activity:
- Six time member of the Colorado Bar Association Board of Governors
- Past Member of Executive Council of the Family Law Section of the Colorado Bar Association
- Past Member of The Faculty of Federal Advocates
- Past Vice President of The Colorado Bar Association
- Past Colorado State Delegate to the Association of Trial Lawyers of America
- Master Member of the Thompson G. Marsh Inn of Court
- Member of the American Association for Justice
- Past President of the Colorado Trial Lawyers Association
- Past Member of the Colorado Supreme Court Committee on County & District Court Civil Jurisdiction & Access Issues
- Senior Counsel Member of the American College of Barristers
Verdicts/Settlements (Case Results):
- Schultz v. Boston StantonColorado Court of Appeals, Div. V. June 12, 2008 198 P.3d 1253 2008 WL 2372273 LEGAL SERVICES - Judgment. Client was not collaterally estopped from pursuing legal malpractice claim after federal court denied motion for new trial in criminal proceedings. SynopsisBackground: Client brought legal malpractice suit against attorneys who defended him in federal criminal trial for assault on inmate and conspiracy, based on attorneys’ failure to locate, interview, and call inmate to testify in criminal trial. The District Court, City and County of Denver, Catherine A. Lemon, J., entered summary judgment in attorneys’ favor on grounds of collateral estoppel, and client appealed.[Holding:] The Court of Appeals, Graham, J., held that client was not collaterally estopped from pursuing legal malpractice claim after federal court denied motion for new trial in criminal proceedings. Reversed and remanded. Stanton v. SchultzSupreme Court of Colorado, En Banc. January 11, 2010 222 P.3d 303 2010 WL 59266 LITIGATION - Judgment. Federal district court’s finding in criminal case was not entitled to preclusive effect in legal malpractice action. SynopsisBackground: Client brought legal malpractice suit against attorneys who defended him in federal criminal case for assault on inmate and conspiracy, based on attorneys’ failure to locate, interview, and call inmate to testify. The District Court, City and County of Denver, Catherine A. Lemon, J., entered summary judgment in attorneys’ favor on grounds of collateral estoppel, and client appealed. The Court of Appeals, 198 P.3d 1253,reversed and remanded. Attorneys petitioned for writ of certiorari.Holdings: The Supreme Court, Bender, J., held that: [1] causation issue in client’s post-conviction motion for a new trial in his federal criminal case was identical to the causation issue in this legal malpractice claim, satisfying first requirement for issue preclusion, but [2] federal district court’s determination of causation issue was not entitled to preclusive effect, and thus causation issue could be re-litigated in malpractice action. Decision of Court of Appeals affirmed. In re Marriage of PageColorado Court of Appeals, Div. IV. February 27, 2003 70 P.3d 579 2002 WL 32001764 FAMILY LAW - Spousal Support. Wife was entitled to maintenance. SynopsisWife appealed from decision of the District Court, Douglas County, No. 97DR0648, Michael C. Villano, J., dividing parties’ property and denying her request for attorney fees. Husband cross-appealed. The Court of Appeals, Dailey, J., held that: (1) husband’s expert properly was not disqualified, and (2) wife was entitled to maintenance. Affirmed. In re Marriage of MohrlangColorado Court of Appeals, Div. IV. July 31, 2003 85 P.3d 561 2003 WL 21755963 FAMILY LAW - Marital Property. Court was required on remand to reconsider whether value of trust interest should be discounted. SynopsisFormer husband appealed from order of the District Court, Morgan County, Douglas R. Vannoy, J., valuing his interest as beneficiary in trust in dissolution action. The Court of Appeals, Graham, J., held that trial court was required on remand to reconsider whether value of former husband’s trust interest in stock should be discounted by appropriate rate because of delay in husband’s receiving his interest, possibility forfeiture, and other contingencies. Reversed and remanded with directions. In re Marriage of BurkeColorado Court of Appeals, Div. III. November 23, 2001 39 P.3d 1226 2001 WL 1477913 FAMILY LAW - Spousal Support. Trial court retained jurisdiction to modify maintenance in dissolution action. SynopsisFormer husband moved for modification of maintenance payable pursuant to dissolution decree. The District Court, City and County of Denver, Martin F. Egelhoff, J., held that it lacked jurisdiction to hear former husband’s motion. Former husband appealed. The Court of Appeals, Jones, J., held that: (1) trial court retained jurisdiction to modify maintenance, and (2) former husband’s maintenance obligation could be modified based upon substantial and continuing change of circumstances. Reversed and remanded with directions. In re Marriage of McCaulley-ElfertColorado Court of Appeals, Div. II. March 27, 2003 70 P.3d 590 2003 WL 1562236 FAMILY LAW - Judgment. Jurisdiction over stepdaughter was not needed to find in divorce action that husband abused her. SynopsisFormer husband appealed marital dissolution granted by the District Court, Jefferson County, Brian D. Boatright, J., insofar as the judgment contained findings that he abused his stepdaughter. The Court of Appeals, Marquez, J., held that: (1) jurisdiction over stepdaughter was not necessary for court to consider credible evidence of stepfather’s sexual misconduct towards her in custody proceedings involving parties’ son; (2) court was free to credit wife’s testimony over husband’s testimony; (3) “supported by credible evidence,” in context child custody statute, means no more than a supported by a preponderance of the evidence; and (4) wife’s statement during trial regarding lie detector test was admissible. Affirmed. In re Marriage of GoodbinderColorado Court of Appeals, Div. IV. June 30, 2005 119 P.3d 584 2005 WL 1530112 LITIGATION - Costs. Appeal from denial of bill of costs in post-dissolution of marriage proceeding required remand for findings of fact and conclusions of law. SynopsisBackground: In post-dissolution of marriage proceeding, the trial court denied father’s bill of costs following his successful appeal of an earlier judgment and sentence for contempt. Father appealed.Holdings: The Court of Appeals, Loeb, J., held that: [1] father’s bill of costs was not untimely; [2] remand was required for specific findings of fact and conclusions of law; and [3] mother was permitted to respond to bill of costs. Order vacated and case remanded. In re Marriage of RozziColorado Court of Appeals, Div. III. June 12, 2008 190 P.3d 815 2008 WL 2372227 FAMILY LAW - Child Custody. It was proper for court to assign parenting coordinator the duty to make nonbinding recommendations for resolution of parenting time disputes. SynopsisBackground: Ex-wife appealed from orders of the District Court, El Paso County, Steven T. Pelican, J., regarding the allocation of parental responsibilities and appointment of a parenting coordinator.Holdings: The Court of Appeals, Loeb, J., held that: [1] statute governing judicial referral to ancillary forms of alternative dispute resolution and statute governing appointment of parenting coordinator were in conflict, and in post-dissolution proceeding, statute governing appointment of parenting coordinator, as the more specific provision, was controlling; [2] evidence of repeated disagreements regarding the implementation of the parenting plan was sufficient to support a finding that the parties had failed to “adequately implement” the plan; and [3] it was proper for the court to assign the parenting coordinator the duty to make nonbinding recommendations for the resolution of parenting time disputes. Affirmed in part, vacated in part, and remanded.Taubman, J., filed opinion concurring in part and dissenting in part. Berg v. State Bd. of AgricultureSupreme Court of Colorado, En Banc. July 01, 1996 919 P.2d 254 1996 WL 361200 LABOR AND EMPLOYMENT - Insurance. Public retiree’s claims against public agencies for failure to provide health coverage for heart transplants were time-barred. SynopsisPublic retiree brought suit against State Board of Agriculture (SBA) and Public Employees’ Retirement Association (PERA) on breach of contract and promissory estoppel theories to recover unpaid medical expenses related to heart transplants. The District Court entered summary judgment for public agencies on statute of limitations grounds. The Court of Appeals affirmed. On certiorari, the Supreme Court, Mullarkey, J., held that: (1) estoppel claim was promissory rather than equitable and thus contractual in nature; (2) breach of contract and promissory estoppel claims were not within Colorado Governmental Immunity Act; (3) claims arose at latest when insured received nonconforming policy documents that did not include coverage for heart transplants, not when claim for transplants was denied; and (4) neither agency was self-insurer, such that their conduct in failing to give notice of policy change might have tolled statute of limitations. Affirmed. Bittle v. BrunettiSupreme Court of Colorado, En Banc. February 08, 1988 750 P.2d 49 1988 WL 7813 Pedestrian brought action against owners of property adjoining public sidewalk to recover for personal injuries caused by slip and fall on snow and ice that had accumulated on sidewalk. The District Court, City and County of Denver, John Berks, Jr., J., entered summary judgment in favor of property owners. Pedestrian appealed.... SynopsisPedestrian brought action against owners of property adjoining public sidewalk to recover for personal injuries caused by slip and fall on snow and ice that had accumulated on sidewalk. The District Court, City and County of Denver, John Berks, Jr., J., entered summary judgment in favor of property owners. Pedestrian appealed. The Court of Appeals, 712 P.2d 1112, affirmed. Certiorari was granted. The Supreme Court, Mullarkey, J., held that: (1) property owners owed no common-law duty to pedestrian to keep public sidewalk free of naturally accumulating snow and ice, and (2) snow removal ordinance did not create duty to pedestrian and could not be used as basis for negligence per se. Affirmed. Salazar v. American Sterilizer Co.Colorado Court of Appeals, Div. II. March 16, 2000 5 P.3d 357 2000 WL 371049 TORTS - Limitations. Inquiry notice did not trigger discovery rule in toxic tort case. SynopsisSterilizing technician at a hospital brought action against the manufacturer of an ethylene oxide sterilizer, alleging that, as a result of the manufacturer’s negligence, she had incurred personal injuries caused by exposure to ethylene oxide from use of the sterilizer. The District Court, Montrose County, J. Steven Patrick, J., entered judgment awarding technician damages. On cross-appeals, the Court of Appeals, Marquez, J., held that: (1) inquiry notice does not trigger the discovery rule; (2) question of when technician knew of her claim was for jury; (3) instructions and argument to jury concerning the legal effect of its findings were not improper; (4) technician’s expert testimony was admissible; (5) denial of manufacturer’s motion for a new trial on the ground of technician’s allegedly improper argument concerning the pro rata liability statute was not reversible error; (6) technician’s closing reference to manufacturer as a big company with very large resources was a reasonable response to the manufacturer’s closing argument; (7) there was a reasonable basis for admitting evidence of technician’s fear of cancer; (8) pro rata liability statute did not violate technician’s substantive or procedural due process rights; and (9) refusal to award all costs claimed by technician was not an abuse of discretion. Affirmed.
Special Licenses/Certifications:
- State Bar of Colorado, 1984
- U.S. Federal Court of Appeals for the 10th Circuit, 1984
- U.S. District Court for the District of Colorado, 1984
- State Bar of Montana (inactive), 1999
- Certified in Civil Trial Advocacy by the National Board of Trial Advocacy.
- Certified in Civil Pretrial Practice Advocacy by the National Board of Civil Pretrial Practice Advocacy.
Pro bono/Community Service:
- Fellow of the Colorado Bar Foundation.
- Pro Bono Award from the Denver Bar Association
- Board of Directors of the United Citizens of Arapahoe Neighborhoods, 1997
- Chairman of the Children of Violence Committee for Colorado
Honors/Awards:
- Lawyer of the Year for Legal Malpractice Law, Best Lawyers of America, 2023
- Top 100 Trial Lawyer, American Trial Lawyers Association
- Denver's Top Civil Litigation Attorneys, 5280 Magazine
- Recognized as a Best Lawyer for Family Law and Legal Malpractice Law., Best Lawyers of America
- Selectee, Bar Register of Preeminent Lawyers
- Given AV rating, Martindale-Hubbell
- Pro Bono Award, Denver Bar Association, 1993
- Senior Counsel, The College of Master Advocates and Barristers
- Inductee, Who's Who in American Law
- Inductee, Who's Who in America
- Inductee, Who's Who in the World
Educational Background:
- Institute of Policy Services and Public Affairs, Duke University, N.C., B.A. in Public Policy Studies with a concentration on communications., 1979
Scholarly Lectures/Writings:
- A presentation to lawyers and judges as to how to create a comprehensive record from trial courts for appeals in appellate courts., Author and Lecturer, The Record on Appeal, Colorado Bar Association Family Law Institute, 2013
- An article educating trial lawyers on how to prepare and present oral argument in appellate courts., Author, A Primer on Oral Argument, Colorado Trial Lawyers Association Trial Talk, 2013
- A review of tax aspects of Divorce and Child Custody., Author and Lecturer, Tax Primer for Family Law Attorneys, National Business Institute, 2017
- A treatise on the law and procedure applicable to Attorney's Fees, Attorney's Liens to collect fees, and Attorney Malpractice pitfalls and considerations., Co-Author and Co-Lecturer, Attorney’s Fees, Liens and Malpractice: Strategies and Ethical Considerations, Colorado Bar Association Family Law Institute, 2017
- A review and discussion as to procedures and legal requirements for family law appeals in trial courts and appellate courts., Co-Author and Co-Lecturer, Appealing at Every Stage, Colorado Bar Association Family Law Institute, 2021
Other Outstanding Achievements:
- Chairman of Colorado Bar Association Professional Liability Committee
- Adjunct Professor University of Denver
- Chairman of Colorado Bar Association Interprofessional Committee
Selections
20 Years Super Lawyers
- Super Lawyers: 2006 - 2025
