QUESTION
Can a lawyer practicing law in California bring suit against someone in Colorado?
Asked on Feb 19th, 2015 on Intellectual Property - Colorado
More details to this question:
I have a dispute with someone over unpaid work. He has threatened to sue me over withholding said work (video presentations that I paid all productions costs for; media, camera, sound equipment, editing) on basis of it's his "intellectual property". We both live Colorado. All the work was done in Colorado. His lawyer is located in San Diego, CA. Does he need to get local representation to file suit against me?
1 ANSWER
Unless the confict involves a federal law, the California lawyer would have to obtain a Colorado lawyer to handle the matter. In the case of "intellectual property", if the matter involves a patent or copyright that is being violated, yes, that would be a federal issue that the California lawyer could handle (but to go to court in CO, he would need to have a local CO attorney involved). On the other hand, if the issues are contractual, even if "intellectual property", that would be a state issue that he could not handle since both parties are in Colorado (assuming there isn't language in the agreement requiring the agreement to be governed by CA law. You should consult with a local attorney who can assess the matter more fully than can be done via a site like this.
Answered on Feb 19th, 2015 at 12:30 PM