James (“Jim”) Fogg focuses his trial practice on fiduciary responsibility, representing individuals and businesses in plaintiff-side legal malpractice cases, business disputes, and trust and estate litigation. He started his legal career as a file clerk fifteen years ago and has worked his way up through the ranks using his intensity, analytical skill, and results-oriented approach. Now, Jim uses his drive and skills to efficiently and effectively represent his clients in all phases of litigation in state court, federal court, arbitration, and on appeal. Colorado Super Lawyers has named Jim as a “Rising Star” since 2018 and Best Lawyers in America has recognized Jim as one of the “Ones to Watch” since 2021.
Before joining Ogborn Mihm, Jim served as a judicial law clerk for the Hon. James S. Casebolt of the Colorado Court of Appeals. He graduated from the University of Denver’s Sturm College of Law where he excelled on the school’s national mock trial team, served as an editor on the water law review, and graduated with honors in the top 3% of his class. Jim is also active in the Denver legal community, currently serving as a Trustee on the Denver Bar Association’s Board of Trustees, the Co-Chair of the Colorado Trial Lawyers Association’s Commercial Litigation Committee and as the 2022-23 Chair of the Executive Council for the Colorado Bar Association’s Young Lawyers Division.
Jim practices primarily in the areas of commercial litigation, professional negligence, with an emphasis on plaintiff-side legal malpractice, and trust and estate litigation. He recognizes that clients come to him because of problems that they cannot solve on their own and that every problem is unique. Moreover, many of Jim’s clients come to him after an already difficult situation has been made worse by a fiduciary who has failed to meet the standard of care, out of self-interest, or in bad faith. Jim prides himself on listening to his clients, developing a keen understanding of the issues, and crafting an approach that makes sense, both legally and financially. Then he works hard to execute the plan and achieve the results his clients deserve.
And Jim understands the value of hard work. While Jim studied to obtain dual degrees in political science and environmental policy from the University of Colorado at Boulder, he also learned the ropes as a legal assistant, then a paralegal, at two small personal injury law firms. Liking the fast-paced environment that a law firm offers and wanting to continue to serve clients in an expanded role, after graduating from CU with honors, Jim enrolled in the University of Denver’s Sturm College of Law. There, he excelled on the school’s mock trial team, participating in mock trials throughout the country, represented clients in the school’s environmental law clinic, and served as an editor on the water law review. Jim graduated DU Law, with honors, in the top 3% of his class.
After law school, Jim served as a judicial law clerk for the Hon. James S. Casebolt on the Colorado Court of Appeals. His clerking experience provided Jim with valuable insight into what a judge focuses on in attempting to reach a correct and just result and Jim applies the analytical skills he developed during his clerkship to his civil practice. Jim’s practice focuses on serving individuals and businesses in disputes and lawsuits involving a wide range of issues, including: professional liability and attorney malpractice, breach of fiduciary duties, law firm breakups, business torts, partnership disputes, breach of contract, stolen property, personal injury, breach of trust, undue influence, and incapacity, among others. Jim has broad litigation experience, involving all aspects of the process, including pleadings, motions practice, discovery, depositions, trial, and appeal. Jim represents clients in litigation and trial in state, federal, and appellate courts, and before arbitrators and arbitration panels, around the country.
As a Denver-area native, Jim also understands the importance of giving back to the community he grew up in. He is a rising leader in the legal community, serving as a Trustee on the Denver Bar Association’s Board of Trustees, the Co-Chair of the Colorado Trial Lawyers Association’s Commercial Litigation Committee and as the 2022-23 Chair of the Executive Council for the Colorado Bar Association’s Young Lawyers Division, and is actively involved in a number of other legal organizations. Jim also serves those who have served us by volunteering as a fly-fishing guide for Project Healing Waters, a program dedicated to getting injured military service personnel on the water as a part of their rehabilitative process.
Jim is the son of a trial lawyer and a speech pathologist. When not at work, you will find Jim at home in the DU area, adventuring with his wife, Becca, and daughter, Addie, fly-fishing a mountain stream with his dog, Gus, or searching for his golf ball.
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Co-authored with Nicole M. Quintana. “Navigating the Minefield Laid by Prior Counsel’s Negligent Work,” Law Week Colorado, Vol. 17, Issue 38, Sept. 23, 2019.
Co-Author with Peter McClenahan, Chapter 8.7, “Lawyer Disqualification,” in Lawyer’s Professional Liability in Colorado, 2017 Ed. (Michael T. Mihm ed., CLE in Colorado, Inc.).
Speaker, “Ethically Using, Piercing, & Navigating Shields During Discovery,” CLE in Colorado, Inc. (December 2021).
Panelist, Federal Limited Appearance Program Orientation, Colorado Bar Association (Oct. 2021).
Panelist, “Arbitration – Perspectives on Using the Process to Your Advantage,” Colorado Trial Lawyers Association, Blockbuster Seminar, Denver, Colorado (January 2021).
“Think Ahead and Put ‘It’ in Writing! Best Practices for Client-Lawyer Fee Agreements,” CLE in Colorado, Inc. (June 2020).
“The Fee Application: Putting Your Best Foot Forward and Avoiding the Pitfalls,” CTLA Convention (August 2019).
“Disqualification of Counsel,” CLE in Colorado, Inc. (February 2017).
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