Underhill, James C. Jr.

Current Employment Position(s)

Partner

Lawyer Overview

Jim Underhill has been practicing law for 30 years. He currently focuses on business advice, real estate issues and investment, commercial transactions, and adversary tax matters. His practice also includes bankruptcies and alternatives to business bankruptcies for distressed businesses. For many years he served as counsel to the claims departments of insurance companies, represented insurers on regulatory matters and handled litigation involving reinsurance, policy coverage and agent issues. 

While a civil litigator many years ago, Jim recognized that many disputes between the owners and operators of closely held and family businesses resulted in the collapse of the underlying business due to the acrimony and legal expense involved when the disputes moved from the boardroom into the courtroom. He focused his efforts on ways to resolve these Business Divorce® disputes without lawsuits.

Jim also provides mediation services in Business Divorce® disputes when counsel may already be present or litigation is underway. He provides a neutral viewpoint to help save the business while resolving the owners' dispute.

Real Estate Disputes

Jim is especially knowledgeable in the analysis and protection of unusual real estate interests such as patented mining claims and U.S. Forest in-holdings. He has also handled numerous adverse possession and commercial real estate cases, including the foreclosure of two different Colorado ski resorts, the successful defense of adverse possession cases, including one concerning river front property, zoning disputes, mechanics lien and spurious lien disputes, litigation to void fraudulent quit claim deeds, mortgage loan foreclosure litigation, and other commercial and residential real property transactions and disputes.

Background

After passing the bar in 1979, Jim served in the U.S. Army Judge Advocate General’s Corps. As trial counsel and government appellate counsel, he prosecuted at trial and on appeal more than 600 courts-martial. He then went on to become a trial attorney at the U.S. Department of Justice, serving in the criminal section of the Tax Division, where he prosecuted numerous cases involving violations of the tax laws in the federal courts. During his tenure in Washington, D.C., Jim obtained the longest sentences adjudged to date against tax protestor (militia) defendants.

He and Joanne left Washington, D.C., in 1986, moving to Colorado to raise a family and enter private practice. In 1994, they formed their firm to practice civil litigation and business law in the Denver Metro area. Jim worked with a number of law firms in downtown Denver until opening his own practice in 1993. Since 1994, Jim has practiced law with his wife and law partner, Joanne.

Areas of Practice

• Insurance
• Business Transactions
• Commercial Law
• Business Divorce® Disputes and Mediation
• Contract Drafting and Negotiations
• Real Estate
• Insurance Company Liquidation
• Insurance and Reinsurance
• Franchise Businesses
• Distressed Businesses
• Criminal Tax Representation
• Uniform Commercial Code
• Business Fraud Investigation
• Business Advice and Regulatory Matters
• Insurance Policy Coverage & Agent Issues
• Veteran’s Benefits

Representative Cases

• Andrea Bennett, ex. rel. Liquidator of Glacier General Assurance Co. in Liquidation v. Liberty Nat’l Fire Ins. Co., et al., 968 F.2d 969, 7-6-92 (9th Cir.)
• Citizens Nat’l Bank v. Burns, 894 F.2d 361 (10th Cir. 1990)
• First Interstate Bank of Denver v. F.D.I.C., 718 F.Supp. 848 (D. Colo. 1989)
• In Re Val Moritz Investment Grp., Ltd., 116 Bankr. 257, First Nat'l (Bankr. D. Colo. 1990)
• Bank of Tribune v. Lohman, 827 P.2d 583 (Colo. App. 1992)
• Ebrahimi v. E.F. Hutton & Co., Inc., 794 P.2d 1015 (Colo. App. 1989)

West Practice Categories

Business & Commercial, Divorce, Insurance, Real Estate

Bar Admissions

• Nebraska, 1979
• Colorado, 1986
• District of Columbia, 1979
• U.S. District Court District of Colorado, 1986
• U.S. District Court of the District of Columbia, 1979
• U.S. Court of Appeals 10th Circuit, 1986
• U.S. Court of Appeals 9th Circuit, 1992
• U.S. Court of Appeals for the Armed Forces, 1980
• U.S. Supreme Court, 1983
• U.S. Tax Court, 1993

Professional Associations and Memberships

• American Bar Association, Litigation Section (Member)
• American Association for Justice (Member)
• Colorado Trial Lawyers Association (Member)
• Denver Bar Association
• Colorado Bar Association
• National Eagle Scout Association and Boy Scouts of America
• PADI

Honors and Awards

• Distinguished Military Graduate

Past Employment Positions

• United States Department of Justice, Tax Division, Trial Attorney, 1984 - 1986
• United States Army, Major, Government Appellate Counsel, Judge Advocate General's Corps
• Alexander & Underhill, P.C., Shareholder, 1991 - 1994
• Cornwell & Blakey, P.C., Of Counsel, 1989 - 1991
• Sterling & Miller, P.C., Attorney

Education

• American University, Washington College of Law, Washington, District of Columbia, May, 1979
  J.D.
  Honors: National Moot Court Team
  Honors: Graduated in the Top 13% of His Class
  Law Review: Washington College of Law, American University Law Review, 1978 - 1979
• University of Nebraska, Lincoln, Nebraska, May, 1976
  B.A.
  Honors: Distinguished Military Graduate

Offers Free Initial Consultation

Accepts Credit Cards

Address

5340 South Quebec Street
Suite 306, North
Greenwood Village, CO 80111-1938

Phones

800-430-6442
720-279-8438

Faxes

303-850-7115

Emails

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Websites

http://www.underhilllaw.com