Michael T. Mihm

Michael Mihm’s unique trial practice focuses on plaintiff-side legal malpractice cases. The Best Lawyers in America® has four times named Michael as “Lawyer of the Year” in the field of Legal Malpractice Law–Plaintiff. He is one of the few plaintiffs’ attorneys in the United States to be certified as a specialist in legal malpractice law by The State Bar of California Board of Legal Specialization. He brings malpractice lawsuits against some of the nation’s largest law firms involving some of the law’s most complex practice areas. Colorado Super Lawyers® magazine names Michael as of one of Colorado’s “Top 100” lawyers. In addition to Legal Malpractice Law, Michael is included among The Best Lawyers in America® in the field of Commercial Litigation and Personal Injury Litigation-Plaintiff.

Michael is a Past President of the Colorado Trial Lawyers Association, the largest specialty bar organization in Colorado. Michael has been inducted as a member of the American Board of Trial Advocates (ABOTA). He is a graduate of and remains active with the Trial Lawyer’s College®, an organization dedicated to teaching cutting-edge trial advocacy to civil plaintiff and criminal defense trial lawyers. Michael is a co-founder of Ogborn Mihm, LLP, and practices from both the Denver and Los Angeles offices. Michael represents clients in courtrooms nationwide.

Ogborn Mihm, LLP, a trial law firm focusing on high-stakes lawsuits likely to go to trial. We pride ourselves on our courtroom skills and our ability to try any case, regardless of size or complexity. We have experience with hundreds of jury trials, bench trials and arbitration hearings. All of the founding partners of Ogborn Mihm, LLP are past presidents of the Colorado Trial Lawyers Association and all have been inducted into the American Board of Trial Advocates (ABOTA). We also consult on trial advocacy, and conduct focus groups and jury research for other law firms, and we routinely co-counsel trials with other law firms.

Expertise in Legal Malpractice Litigation. Michael has prosecuted or defended hundreds of legal malpractice cases in his career, and has often served as an expert witness in legal malpractice lawsuits. For many years (2005-2021), he served as managing editor of Lawyers' Professional Liability in Colorado, 2018 Ed. (Michael T. Mihm ed., CLE in Colorado, Inc., 2018). This two-volume, 57-chapter treatise focuses on lawyers' professional liability and legal ethics issues.

Michael’s legal malpractice clients come from all walks of life, but most are business people or companies. His legal malpractice cases usually involve underlying business transactions, including intellectual property, patent law, tax law, securities, real estate, land use, mergers and acquisitions, estate planning, bankruptcy, and many other legal matters. Michael brings legal malpractice cases all over the United States; he is currently litigating or has recently litigated legal malpractice cases in state or federal courts or before arbitration panels in California, Colorado, Delaware, Florida, Iowa, Massachusetts, Utah and Texas.

Business Ligation. Michael also has a significant business and corporate litigation practice. Michael's business litigation often involves claims arising from breach of contract, partnership disputes, business divorce, real estate disputes, oppression of minority business owners, theft of trade secrets, intellectual property disputes, computer fraud, and claims arising from breaches of fiduciary duty and other misconduct by company insiders. In 2019, Michael was co-lead counsel in a jury trial in a partnership dispute over control a luxury golf course community. Michael defeated a $10 million fraud claim against our clients and recovered $1.2 million jury verdict on a counterclaim.

Trial Experience. Some of Michael's recent trials include the following: In 2019, Michael was co-lead counsel in a jury trial in a partnership dispute over control a luxury golf course and residential development community. Michael defeated a $10 million fraud claim against our clients and recovered $1.2 million jury verdict on the counterclaim. In January 2019, Michael and his colleague, James “Jim” Fogg, tried a surcharge action in probate court filed against a trustee accused of looting millions of dollars from several trusts. Michael and Jim won an $8.7 million judgment, including treble damages for civil theft, and almost $900,000 in attorney fees. In 2017, Michael tried (and lost) a medical negligence case. In October 2016, Michael obtained a nearly $2.0 million arbitration award (later confirmed as a judgment) in a breach of contract dispute on behalf of an minority owner being squeezed out of a recreational marijuana business. In June 2015, Michael obtained a jury verdict in a business fraud/partnership dispute that later resulted in a confidential settlement and favorable buy-out of our client's partnership interest. In April 2014, Michael obtained a $2.5 million jury verdict on behalf of the owners of a prominent Colorado retail business in a legal malpractice case arising out of an attorney's breach of fiduciary duty when aiding a trustee in an attempt to seize control of the family-owned company. In June 2013, Michael and his partner, Mike Ogborn, obtained a $21.3 million jury verdict in state district court of Salt Lake City, Utah (reduced to $14.1 million after allocating comparative fault and adding prejudgment interest). The verdict, then one of the largest plaintiff legal malpractice jury verdicts in U.S. history, arose out of a prominent law firm's mishandling of a development application for a 8,650 acre ranch near Park City, Utah. https://www.bizjournals.com/portland/blog/2013/06/stoel-rives-ordered-to-pay-128m-in.html?page=all .

Michael is also represents clients in larger probate litigation matters. Michael typically becomes involved in probate litigation matters at the request of probate lawyers when it appears that a matter is likely to go to trial.

Honors. Michael has been selected by his peers for inclusion in the 2011-2022 editions of The Best Lawyers in America® in the field of Legal Malpractice Law-Plaintiff, for which he was named the Denver Lawyer of the Year in 2015, 2017, 2019, and 2021. Since 2018, Michael has been named a "Top 100" lawyer by the Colorado Super Lawyers® magazine. Michael is rated AV® Preeminent™ and 5.0 out of 5.0 by Martindale-Hubbell, and is rated “10.0 out of 10 Superb” by Avvo.com.

Michael is also active in the International Society of Primerus Law Firms, a highly-selective alliance of about 200 top-rated, independent law firms located in more than 135 cities around the world.

Personal. Michael is married to Nanette Mihm; they have two adult children, and two small grandchildren with whom they are enamored.