Jim Underhill, Member of Underhill & Underhill, P.C.

Jim 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.    

Expertise

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.

 avvo.com

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.

Practice Areas

Business Divorce® Disputes and Mediation

Business Transactions

Commercial Law

Contract Drafting and Negotiations

Real Estate

Insurance and Reinsurance

Insurance Company Liquidation

Uniform Commercial Code

Franchise Businesses

Distressed Businesses

Criminal Tax Representation

Business Fraud Investigation

Business Advice and Regulatory Matters

Insurance Policy Coverage & Agent Issues

Veteran’s Benefits

Bar Admissions

Colorado, 1986

Nebraska, 1979

District of Columbia, 1979

U.S. Court of Appeals, 10th Circuit, 1986

U.S. Court of Appeals, 9th Circuit, 1992

U.S. District Court, District of Colorado, 1986

U.S. District Court, District of Columbia, 1979

U.S. Supreme Court, 1983

U.S. Tax Court, 1993

U.S. Court of Appeals for the Armed Forces, 1980 (formerly the U.S. Court of Military Appeals)

Associations and Memberships

Colorado Bar Association

National Eagle Scout Association and Boy Scouts of America

PADI

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 (9th Cir. 7-6-92) 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 (Bankr. D. Colo. 1990) First Nat’l 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)