Areas of Practice

Real Estate Rights Attorney Kirk Holleyman. A white barn with a dark roof in a grassy field, surrounded by trees, with a backdrop of rolling hills and rugged mountains under a blue sky.
Civil Rights Attorney Kirk Holleyman. Silhouette of an oil pumpjack against a vibrant orange and yellow sunset sky with scattered clouds.
Legal Malpractice Attorney Kirk Holleyman. A bronze statue of Lady Justice, blindfolded, holding scales in one hand and a sword in the other, placed on a wooden table with legal books and a gavel, in a law office or library setting.
Water Rights Attorney Kirk Holleyman. A rushing river with white water flowing over large rocks, surrounded by trees and a small town with houses in the background, set against a green forested hillside.
Roll of legal paper labeled 'Title & Deed' for property ownership.

Civil Litigation Attorney

Attorney Kirk Holleyman has represented clients in the state and federal courts in numerous commercial litigation matters, including cases involving allegations of securities fraud; allegations of common law fraud; allegations of violation of the Racketeering and Influenced Corrupt Organizations Act (“RICO”).

Oil & Gas Litigation

Kirk Holleyman has represented clients in oil and gas litigation in the state and federal courts relating to top leasing, access to oil and gas leaseholds, surface damage issues, and title to overriding royalty interests.

Probate Litigation

Attorney Holleyman has represented clients in probate litigation, including cases in which Mr. Holleyman defended against claims that the client was incapacitated. Mr. Holleyman has also represented clients in probate litigation to enforce the terms of a trust, and in probate litigation involving allegations of fraudulent conveyances.

Insurance Litigation

Mr. Holleyman has represented numerous clients in matters relating to insurance policies over the years, including homeowners’ insurance policies, automobile insurance policies, title insurance policies, life insurance policies, and professional liability insurance policies. Attorney Holleyman has also been hired by insurance companies to defend clients in legal malpractice litigation and title insurance litigation.

Personal Injury Litigation

Kirk Holleyman has litigated numerous cases regarding title insurance issues and real estate title issues, throughout Colorado. Mr. Holleyman has been retained by large title insurance companies to represent the insureds in order to cure title defects, as well as to defend the title of the insureds. Attorney Holleyman has represented title insurance companies in lawsuits against the insureds and others. Mr. Holleyman has also represented insureds against the title insurance companies. If you have a title insurance dispute, Attorney Holleyman’s experience will be valuable in helping you to resolve that issue.

Legal malpractice cases are complex, oftentimes involving review of voluminous documentation and an appreciation of technical legal issues, Each legal malpractice case is unique. Kirk Holleyman knows how to litigate such cases from experience prosecuting cases for victims of legal malpractice, as well as from having served as counsel hired by insurance carriers to defend lawyers accused of legal malpractice.

Oftentimes, large firms are reluctant to represent legal malpractice victims for fear of rocking the boat with their colleagues. As a sole practitioner, Mr. Holleyman is not so restricted, and will vigorously prosecute a meritorious case on behalf of a victim of legal malpractice.

Moreover, Attorney Holleyman’s over four decades of experience in litigating cases that touch upon numerous practice areas of the law makes him better suited to evaluate the merit of a malpractice case, and to prepare for a defense prosecution of such a case, than a less experienced attorney. This same experience also makes Mr. Holleyman better suited than junior attorneys to present the “trial within the trial” that often occurs in legal malpractice cases. Proving that a mistake was made by the lawyer is only part of the battle in a malpractice case. In addition, the malpractice plaintiff must prove that if the mistake had not been made, the malpractice victim would have won the underlying case; where the malpractice defendant’s lawyer is trying to prove that the malpractice plaintiff would have lost the underlying case anyway, even if the mistake had not been made.

The trial within a trial requires the malpractice lawyer to be capable of presenting not only a malpractice trial, but to also be capable of trying the underlying case, whether it be a divorce case, a probate case, an oil and gas case, a real estate case, a personal injury case, or a fraud case.

Legal malpractice may include failing to file a case prior to expiration of the applicable statute of limitation; providing improper advice to a client; missing court deadlines; failing to adequately research the law; and numerous other matters.

If you believe you have been the victim of legal malpractice, you should contact Kirk Holleyman, P.C. or another attorney immediately. If you delay in doing so, your claims may be barred by the applicable statute of limitations, and you may lose your rights.

Kirk Holleyman has represented clients who have been injured as a result of automobile accidents, drunk driving and medical malpractice, and has also defended clients who have been sued by persons injured in automobile accidents and by persons injured as the result of intentional torts.

Colorado Legal Malpractice Attorney

Colorado Title Insurance Litigation Attorney

Real Estate Law & Litigation Attorney Colorado

For over four decades, Kirk Holleyman has represented clients in Colorado real estate transactions including the purchase, sale and leasing of farms and ranches, water rights, mineral rights, commercial buildings, single family residences, town homes and condominiums, and leases of the same.

Mr. Holleyman has represented parties in disputes relating to the enforceability of real estate contracts; rights of first refusal; options; real estate commissions; the statute of frauds and partial performance; commercial and residential leases; fraudulent conveyances; forged signatures; mortgage fraud; title insurance; easements; adverse possession; prescriptive easements; encroachments; and breaches of covenant, to name but a few.

Attorney Holleyman is experienced with (but not limited to) the following real estate legal matters:

  • Landlord-tenant disputes

  • Boundary line disputes

  • Broker-client commission disputes

  • Disputes involving contracts to buy and sell vacant land, farms, and ranches

  • Disputes involving homeowner associations

  • Disputes involving trespass on real estate

  • Disputes regarding adverse possession and prescription

  • Disputes involving abandonment

  • Disputes involving rights of first refusal

  • Disputes involving nuisances

  • Disputes regarding mechanics liens

  • Disputes regarding foreclosures

  • Disputes regarding reformation of deeds and deeds of trust

  • Disputes regarding land use

  • Disputes regarding title defects

  • Real estate contract reviews

  • Real estate contract negotiations

  • Real estate option contracts

  • Zoning disputes

  • Water rights acquisitions

  • Farm and land acquisitions

  • Forest service leases

  • BLM grazing permits

  • Oil and gas leases

  • Oil and gas surface damages and disputes

  • Disputes involving subdivisions

  • Disputes involving HOA covenants

  • Disputes involving setting aside fraudulent conveyances of real estate

  • Disputes involving spurious liens

  • Disputes involving improper recording of lis pendens

  • Disputes involving real estate leases

  • Disputes involving options

  • Defense of riparian landowners title to riverbed

    Kirk Holleyman has been a licensed real estate broker in Colorado from 1984 to present

Water Rights Attorney in Colorado

For over four decades, Kirk Holleyman has represented ski areas, golf resorts, farmers, ranchers, developers and home owners in Colorado with respect to applications for water rights and well permits, transactions involving the purchase, sale, and lease of water rights, and litigation involving plans for augmentation, changes of water right and interstate compacts in the water courts in Colorado, as well as the Colorado Supreme Court.

The issues involved in a change of water right or approval of plan for augmentation are complex, and oftentimes involve claims of abandonment, or loss of the water right to another by prescription, In addition, the consumptive use historically attributed to the water right is almost always a very important factor is such litigation.

In addition to knowledge of the law, knowledge of the hydrology of the relevant geographical area is paramount. Knowledge of the site specific facts is something that is acquired by a water lawyer as a result of years of practice, rather than from a law book.

Water rights in Colorado are real estate, and therefore transitions involving water rights require the same formalities as those associated with real estate transactions. Moreover, water rights may be severed from the land, and just because water features might be present on a particular piece of property does not mean the owner of the land is entitled to use the water.

During the period of 2018 through 2023, Mr. Holleyman successfully defended the rights of riparian landowners against efforts by environmentalists and public access advocates to achieve standing in the Courts to assert claims for public access to the riverbed of the Arkansas River titled in the landowners under title deriving from a United States patent, based on the doctrine of navigability for title and the equal footing doctrine. This protracted litigation that took place in the Fremont County Colorado District Court, the United States District Court for the District of Colorado, the United States Court of Appeals for the Tenth Circuit, the Colorado Court of Appeals, and the Colorado Supreme Court, known as Hill v. Warsewa and State v. Hill,  culminated in a ruling by the Colorado Supreme Court that denied the public access advocates standing to assert these claims aimed at depriving riparian landowners of valuable property rights.