Sheneen McClain, center, speaks during a press conference in front of the Aurora Municipal Center on Oct. 1, 2019. Mari Newman is to her left. (Andy Cross/The Denver Post)
A Denver judge ruled Wednesday that a law firm in the city is entitled to a $3 million cut from the largest civil rights settlement in Colorado history.
In a 38-page decision, Denver District Court Judge Ross Buchanan determined that Killmer Lane & Newman, the city’s largest civil rights firm, made mistakes in its representation of Sheneen McClain at times but ultimately did an “extraordinary job” and must be paid.
“This court concludes that Ms. McClain would be unfairly or unjustly enriched if she does not pay a fee to KLN,” Buchanan wrote.
Elijah McClain, 23, died in August 2019 after he was held down by Aurora police officers and injected with a large dose of ketamine by paramedics. A criminal case is pending.
Two years later, in fall 2021, the City of Aurora agreed to settle a federal lawsuit brought by Elijah’s parents, Sheneen McClain and LaWayne Mosley, for $15 million. McClain received 65 percent of the settlement and Mosley received 35 percent.
Killmer Lane & Newman, known as KLN, represented Mosley for the entirety of the case and received 40 percent of his portion of the settlement under a fee agreement. KLN represented McClain for most of the case until she fired the firm in January 2021.
The question debated during a six-day trial last month was whether KLN’s conduct was so wrongful that the firm forfeited its right to be paid for representing McClain. McClain’s attorneys argued that KLN ignored a conflict of interest by representing both of Elijah’s parents and worked against her by advocating a 50/50 split of the settlement.
“She doesn’t have a problem paying lawyers,” McClain attorney Dan Wartell said of his client during opening arguments. “She has a problem with a law firm and a lawyer who promised to represent her during the worst time in her life and let her down.”
KLN’s attorneys denied that attorney Mari Newman and the KLN firm litigated against McClain. To the contrary, they said, the firm worked 4,800 hours on the case, leading to a record settlement, and deserved to be paid 32 percent of that settlement.
“The lead counsel in a case that results in the largest civil rights settlement in Colorado history deserves to get paid,” KLN attorney Michael McConnell said in closing arguments.
Sheneen McClain, right, is supported by attorney Mari Newman at the Colorado State Capitol on June 12, 2020. (Kathryn Scott/Special to The Denver Post)
Buchanan largely sided with KLN on Wednesday, despite agreeing with Wartell that “KLN did have a concurrent conflict of interest with respect to representing both Ms. McClain and Mr. Mosley. Those two clients’ interests were adverse to one another.”
But the seriousness of the conflict of interest wasn’t immediately apparent and only later “snuck up” on KLN, according to Buchanan. KLN did not have a conflict in representing Mosley after McClain fired the firm, Buchanan wrote, calling that allegation “awfully thin gruel.”
“The court finds that the record developed at trial simply does not establish a ‘clear and serious’ violation such as to justify a forfeiture of KLN’s fee,” the judge determined.
“Although KLN had failed to recognize or resolve the conflict of interest between Ms. McClain and Mr. Mosley at the outset, or at any point during its representation of Ms. McClain, it is essentially uncontested that the firm did an extraordinary job preparing the case for mediation and settlement,” Buchanan wrote Wednesday.
Buchanan ordered McClain to pay 40 percent of the $9.75 million she received from the settlement, or $3.9 million, to lawyers. Thirty-two percent must be paid to KLN and 8 percent to Rathod Mohamedbhai, a Denver firm that represented her after she fired KLN.
“We are gratified that the court recognized the value of KLN’s tireless work for the benefit of Elijah’s family,” KLN said in a statement.
“We hope that the court’s ruling, which requires that KLN be paid for its ceaseless work in search of justice for Elijah and his parents, will allow all involved to put this part of the case behind them,” the law firm added. “KLN has spent decades fighting alongside our clients, and the struggle for constitutional rights and civil liberties is not over.”
Sheneen McClain, center, speaks during a press conference in front of the Aurora Municipal Center on Oct. 1, 2019. Mari Newman is to her left. (Andy Cross/The Denver Post)
A Denver judge ruled Wednesday that a law firm in the city is entitled to a $3 million cut from the largest civil rights settlement in Colorado history.
In a 38-page decision, Denver District Court Judge Ross Buchanan determined that Killmer Lane & Newman, the city’s largest civil rights firm, made mistakes in its representation of Sheneen McClain at times but ultimately did an “extraordinary job” and must be paid.
“This court concludes that Ms. McClain would be unfairly or unjustly enriched if she does not pay a fee to KLN,” Buchanan wrote.
Elijah McClain, 23, died in August 2019 after he was held down by Aurora police officers and injected with a large dose of ketamine by paramedics. A criminal case is pending.
Two years later, in fall 2021, the City of Aurora agreed to settle a federal lawsuit brought by Elijah’s parents, Sheneen McClain and LaWayne Mosley, for $15 million. McClain received 65 percent of the settlement and Mosley received 35 percent.
Killmer Lane & Newman, known as KLN, represented Mosley for the entirety of the case and received 40 percent of his portion of the settlement under a fee agreement. KLN represented McClain for most of the case until she fired the firm in January 2021.
The question debated during a six-day trial last month was whether KLN’s conduct was so wrongful that the firm forfeited its right to be paid for representing McClain. McClain’s attorneys argued that KLN ignored a conflict of interest by representing both of Elijah’s parents and worked against her by advocating a 50/50 split of the settlement.
“She doesn’t have a problem paying lawyers,” McClain attorney Dan Wartell said of his client during opening arguments. “She has a problem with a law firm and a lawyer who promised to represent her during the worst time in her life and let her down.”
KLN’s attorneys denied that attorney Mari Newman and the KLN firm litigated against McClain. To the contrary, they said, the firm worked 4,800 hours on the case, leading to a record settlement, and deserved to be paid 32 percent of that settlement.
“The lead counsel in a case that results in the largest civil rights settlement in Colorado history deserves to get paid,” KLN attorney Michael McConnell said in closing arguments.
Sheneen McClain, right, is supported by attorney Mari Newman at the Colorado State Capitol on June 12, 2020. (Kathryn Scott/Special to The Denver Post)
Buchanan largely sided with KLN on Wednesday, despite agreeing with Wartell that “KLN did have a concurrent conflict of interest with respect to representing both Ms. McClain and Mr. Mosley. Those two clients’ interests were adverse to one another.”
But the seriousness of the conflict of interest wasn’t immediately apparent and only later “snuck up” on KLN, according to Buchanan. KLN did not have a conflict in representing Mosley after McClain fired the firm, Buchanan wrote, calling that allegation “awfully thin gruel.”
“The court finds that the record developed at trial simply does not establish a ‘clear and serious’ violation such as to justify a forfeiture of KLN’s fee,” the judge determined.
“Although KLN had failed to recognize or resolve the conflict of interest between Ms. McClain and Mr. Mosley at the outset, or at any point during its representation of Ms. McClain, it is essentially uncontested that the firm did an extraordinary job preparing the case for mediation and settlement,” Buchanan wrote Wednesday.
Buchanan ordered McClain to pay 40 percent of the $9.75 million she received from the settlement, or $3.9 million, to lawyers. Thirty-two percent must be paid to KLN and 8 percent to Rathod Mohamedbhai, a Denver firm that represented her after she fired KLN.
“We are gratified that the court recognized the value of KLN’s tireless work for the benefit of Elijah’s family,” KLN said in a statement.
“We hope that the court’s ruling, which requires that KLN be paid for its ceaseless work in search of justice for Elijah and his parents, will allow all involved to put this part of the case behind them,” the law firm added. “KLN has spent decades fighting alongside our clients, and the struggle for constitutional rights and civil liberties is not over.”
