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Mark Steven Cohen

Real estate Attorney at Boulder, CO

4.9   44 reviews

also known as Mark Cohen

Virtual consultation available
Virtual consultation available
  • Licensed for 40 years
    State CO
    Acquired 1983
    Status
    Active No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Mark

Learn Mark’s areas of practice.

5
Practice areas
  1. Real estate
    35%
    Real Estate Transactions and Litigation; Drafting and Reviewing Documents; Easement and Access Disputes; Adverse Possession; Prescriptive Easements; Commission Disputes; Commercial Leases; Easement Litigation; Nondisclosure Issues

  2. Litigation
    30%
    Business litigation, intellectual property litigation, real estate litigation, trials, arbitration, contract litigation, shareholder disputes, easement litigation, business litigation, collections; corporate veil litigation; fraudulent transfers

  3. Commercial real estate
    15%
    Commercial Law Practice, business to business dealings, Uniform Commercial Code, security agreements; Nondisclosure Agreements; Noncompete Agreements; Licenses; IP Licenses; Employment Agreements; Independent Contractor Agreements

  4. Agriculture
    10%
    Agricultural Law; Solar Farms; Wind Turbine Leases; Coop Disputes; Crop Leases; Equine Law

  5. Contracts and agreements
    10%
    Drafting concise legal documents in Plain English. Leases, Operating Agreements, Shareholder Agreements; Distribution Agreements; Supply Agreements, etc.

Mark Cohen is an AV-rated lawyer in Boulder, Colorado, who serves clients in the Denver/Boulder area and throughout Colorado. Mark was selected as a Super Lawyer in 2021, 2022, 2023, and 2024, and was selected as one of the best real estate lawyers in Denver.  Mr. Cohen's philosophy is simple - Start Early. Work Hard. Finish.®  Mark has 40 years of experience.

Mr. Cohen has a passion for drafting and reviewing documents, and helping clients resolve disputes arising out of all types of legal documents. He believes the distinction between litigation and transactional work is often artificial. Business litigation and real estate litigation are almost always the result of poor drafting, insufficient investigation, or an incomplete negotiation. He prefers Plain English over "Legalese" and believes the use of Plain English in business and law lowers costs, improves productivity, increases credibility, and reduces misunderstandings. 

Mr. Cohen is also a proven litigator and trial lawyer. In 2012 he won a 4.2 million dollar verdict in a breach of contract case that included nearly two million dollars in punitive damages. His philosophy and experience enable him to facilitate transactions today that are least likely to become lawsuits tomorrow. He is a highly respected business lawyer.

Mr. Cohen grew up in Denver. He earned his BA in economics at Whitman College 1980, then returned to Colorado and received his law degree from the University of Colorado at Boulder in 1983. He earned his Masters in Law (LL.M.) in agricultural and food law from the University of Arkansas in 2014, where he also taught advanced legal writing.  From 1983 to 1987 Mr. Cohen served as a Judge Advocate in the U.S. Air Force. He also served two years as a Special Asst. U.S. Attorney in Nebraska. In 1986, he won the American Bar Association's Outstanding Young Military Service Lawyer award.

From 1987-1995 Mr. Cohen practiced law in Nebraska, where he represented an agricultural lender in collection and bankruptcy matters throughout the state. He also successfully represented defendants in several high profile criminal cases. In thirty-seven years as a trial lawyer Mr. Cohen has conducted more than 100 jury trials. He has served as an on-demand military law expert for MSNBC.

Mr. Cohen and his family returned to the Denver area in 1995. He served as a Prosecuting Attorney for the Denver suburb of Westminster for seven years, and served as Interim Municipal Judge for the City of Boulder for eighteen months. He served as Municipal Judge for the Town of Lochbuie for more than ten y ears, portions of which are in Adams County and portions of which are in Weld County. He also served on the Executive Board of the Colorado Municipal League in Denver. He served as an elected member of his town's Board of Trustees and on his town's Board of Zoning Adjustment. He has tremendous experience in all aspects of local government.

Mr. Cohen lived in Nederland, Colorado for more than twenty years, and is well-versed in issues that often arise with mountain real estate, including easements, boundary disputes, and adverse possession.  He has given presentations on easement law to the Colorado Bar Association and at the Rocky Mountain Surveyors Summit.

Because of his diverse background, Mr. Cohen has experience in many areas of the law, but his practices emphasizes commercial law, real estate law, contract law, and related litigation.  

An accomplished writer, Mr. Cohen has authored six articles in the prestigious American Jurisprudence Proof of Facts series, including the primary article on piercing the corporate veil. He wrote several articles published in The Colorado Lawyer and an article on equipment leasing for Rocky Mountain Construction. One of his interests is the use of "Plain English" rather than legal jargon in legal writing. He founded The Plain English Institute, a nonprofit that promotes plain English.

Mr. Cohen served six years on the Board of Editors of The Colorado Lawyer (Chairperson 2012-2013), and now serves as editor of that magazine's contract law column. Mr. Cohen also wrote two mysteries published by Time/Warner. His first mystery, The Fractal Murders, was a Book Sense mystery selection and a finalist for the Colorado Book Award. The sequel, Bluetick Revenge, won widespread praise from well-known authors, including Kinky Friedman, Stephen White, and Margaret Coel.  He won 2nd Prize in the 2004 National Legal Fiction Writing Competition.

Mr. Cohen is a member of the Board of Directors of and a volunteer instructor for DART, Inc., a non-profit that offers training in preventing and responding to workplace violence, and with that background he drafts and reviews workplace violence policies. He holds a black belt in shudokan karate. In 2022, Colorado Governor Jared Polis appointed Mark to the Colorado Combative Sports Commission, formerly the Colorado Boxing Commission.

Mr. Cohen is a witty CLE speaker and prolific writer.  His paper, HOW TO DRAFT A BAD CONTRACT, was praised by Harvard's Steven Pinker as "Simply brilliant."  He speaks frequently on topics that include contract drafting, plain English, easements, and piercing the corporate veil.

 

Awards

Platinum Client Champion
AV Preeminent Peer Review Rating

Photos and videos

Location

Mark Cohen, J.D., LL.M.

Reviews

4.9 / 5.0
  44 customer reviews
Posted by Ingrid & Don | April 11, 2024
This review is from a person who hired this attorney.
| Hired Attorney
If I could give 10 stars I would!
We hired Mark to review and start the litigation process in regard to a very complicated commercial real estate transaction. We have also had him review several contracts with construction professionals. Furthermore, we feel we have avoided some future disasters through his wise counsel and knowledge of what good contracts should look like. He works to empower his clients moving forward to avoid future problems. We just can't say enough on how grateful we are for his work on our behalf. Mark is very skilled, articulate, understands law, and abides by very high standards. He works hard and finishes what he starts in a very timely manner. We no longer feel confused and defeated because of his clarity and understanding of complex real estate issues. His wise counsel and clarity concerning real estate issues have also personally boosted our confidence in moving forward in a positive direction. We are immensely grateful for his hard work on our behalf. He makes matters so clear. We no longer feel we are in the middle of a confused whirlwind in regard to legal matters. We feel we have a genuine advocate who is very honest and tells it like it is. Rare these days!
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Posted by Max | April 3, 2024
This review is from a person who hired this attorney.
| Hired Attorney
Excellent advocate, responsive, transparent
Mark helped me navigate my options and legal rights with regard to a property boundary issue. He also drafted and filed a permissive easement on my behalf to allow my neighbor to continue landscaping an area of land that I found out was actually my property after having my property surveyed (thus preventing the neighbor from making any future claims of ownership).
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Posted by Kevin J. | February 8, 2024
This review is from a person who hired this attorney.
| Hired Attorney
FIGHTER AND WINNER!
Mark is smart and tough. He showed our neighbors they would never again prevent us from crossing their land to access our Colorado mountain property. When they ignored our easement rights, Mark pushed back hard. Mark reached a settlement agreement without any concessions. Hire Mark to WIN any contentious property dispute.
Posted by Mag | August 17, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Mark Cohen Review
I had attempted for 2 years to get a road easement agreement to my property. I hired Mark Cohen, and within 5 or so months, he had the agreement and filed it with the county. He was very accessible, and professional.
Posted by Holly | July 31, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Excellent Counsel
When an insured business of my client was named as a defendant in a lawsuit, we had to act quickly. Mark was very responsive, immediately grasped the issues, successfully located solid defenses to the claims against the insured and ultimately succeeded in settling the matter for a very small fraction of what was sought. He communicates well. We always felt on top of what was going on and what to expect. We will absolutely contact him again in the future if in need of defense counsel.
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Posted by Brian | June 20, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Excellent Attorney
I had a commercial lease issue and Mark was the only one who would listen to my concerns and worked hard to get the issue handled. Two other attorneys missed the lease language, but Mark found it and got me my settlement from the dispute. I will continue to use Mark for all business transactions in the future.
Posted by Ellen | March 4, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Very helpful with HOA and condo manager
My condo community was stuck with an unresponsive HOA board and terrible manager. The contract between the HOA and manager claimed that the management had NO liability for any actions, and we also had safety violations that put residents at risk. Mark wrote a letter to both entities that I believe (1) showed the manager that the company had liabiity; and (2) motivated the board to fix unsafe conditions. We are now on the way to working together in the community to make it safe and pleasant for all.
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Posted by Judy | September 25, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Revising our HOA declarations
Our small Boulder HOA needed guidance revising our declarations. Mark was extremely helpful. He provided the legal advice with all the legal words, but also was able to convey the details in a way that our board could understand. He was efficient and such to our financial agreement - which is a huge plus for a small HOA. We would definitely retain his services again and recommend him.
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Posted by Kristin | March 24, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Quick, Transparent, Amazing
In a very tight closing timeline, Mark reviewed our title work and helped me get 3 exceptions removed. He was specific about what he reviewed so that he maximized our use of money with him. He helped me navigate working with the title company directly to get the absolute best result. I couldn't have asked for a better attorney to consult on our title and closing documents.
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Posted by Barbara | March 14, 2022
This review is from a person who hired this attorney.
| Hired Attorney
HOA Representation
Mark assisted our HOA in a case involving a builder who disregarded the neighborhood covenants when constructing a home in the subdivision. Mark not only knew the applicable statutes and filed court documents on our behalf, but he also counseled us on the appropriate way to deal with the builder. As a result of Mark’s expertise, were able to reach a settlement agreement and avoid a court case.
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Posted by anonymous | February 9, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Unsafe Property
Our problem involved unsafe activity on a nearby property. Mark reviewed the applicable statute and recognized what resources were needed to support our position. Mark's broad legal and life experience enabled us to achieve the goal of public safety without litigation. We highly recommend Mark.
Posted by anonymous | November 11, 2021
This review is from a person who hired this attorney.
| Hired Attorney
Thank you Mark!
We interviewed a few different attorneys that specialized in real estate contracts and litigation. We needed someone who communicated well with us, was knowledgeable, and reliable. We knew after our first conversation that Mark was our guy. He was extremely direct with us, while also showing great care. His guidance and expertise saved us a lot of frustration (and possibly) money. We are so grateful to Mark and I advise anyone needing legal real estate advise to contact him.
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Posted by Bill | October 7, 2021
This review is from a person who hired this attorney.
| Hired Attorney
boundary line adjustment
Mark did a very quick and efficient job on a boundary line easement in Boulder County. He made it easy for us, and followed through promptly and thoroughly.
Posted by St Anton Highlands First Addition HOA | May 28, 2021
This review is from a person who hired this attorney.
| Hired Attorney
Mark Cohen Delivers for HOA
Mark Cohen represented our Homeowners Association in a complicated lawsuit dealing with a 50 year-old road easement whose ownership was not clearly defined. There were 6 parties to the lawsuit, including the County. There was not an inexpensive or easy resolution to the lawsuit, yet Mark was very attentive to the HOA and the numerous details and filing deadlines of the lawsuit from beginning to end. He had a firm grasp of the law governing property rights, easements, and settlement agreements. Mark helped our HOA navagate the the complicated legal matters before us and negotiated a settlement that protected the HOA’s rights with this road easement. We are very happy with Mark’s work and the resolution to the lawsuit.
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Posted by Bob | May 14, 2021
This review is from a person who hired this attorney.
| Hired Attorney
Real estate contracts
Mark helped us with two For Sale By Owner “FSBO” real estate contracts. First as a buyer and second as a seller. As the buyer, Mark reviewed the seller’s contract and made the recommended changes/amendments to make sure we were not in an unfavorable position. As the seller, Mark provided the contract after we provided him the information with the key items that we wanted in the contract as well as made approved revisions based on the seller’s request. Mark was very responsive throughout the process and got back to us in a timely manner. Both of our transactions went smoothly. Mark even provided a refund on our retainer when we sold our home because it did not take as much time as anticipated. I will use Mark in the future for my real estate contract needs and recommend him to others. Writing contracts needs active participation on your part so the better prepared you are and the timelier you are with your communication the better your experience will be.
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Posted by Karen | April 15, 2021
This review is from a person who hired this attorney.
| Hired Attorney
Helped us with a lien
mark was easy to work with, was reliable and communicated well with us. He made the process of filing a lien easy, and was direct with us around wha needed to be done,
Posted by anonymous | February 1, 2021
This review is from a person who hired this attorney.
| Hired Attorney
Thank you, Mark!
We have worked with Mark a few times over the years for various situations - business and personal. He is very knowledgeable and responsive. His guidance, expertise and willingness to assist makes him accessible and reliable. We recommend Mark to anyone needing legal assistance!
Posted by Jennifer | December 8, 2020
This review is from a person who hired this attorney.
| Hired Attorney
An outstanding experience
We needed help with a complicated real estate transaction. From our initial contact through difficult pressure points, and tight deadlines, Mark provided the thorough analysis, advice and support we needed. With his professional services we were able to take the absolutely best course of action. I can't recommend Mark enough.
Posted by Diane | November 6, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Incredible Service
Mark helped me with a complicated Title (automobile) issue. Because of his working relationship with a fabulous Probate Paralegal, the two of them resolved my dilemma within 48 hours.
Posted by Robin | November 1, 2020
This review is from a person who hired this attorney.
| Hired Attorney
No one in the grater Denver area is better at contracts!
Provided us with excellent service. Listen to our specific needs and drafted contracts specifically tailored to our concerns. He’s an excellent contracts Atty. USE HIM!
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Cost

Rates
  • Hourly Rates $ 425-425 per hour
Payment methods
Cash, Check, Credit Card

Resume

AVVO RATING 9.8 (Superb)

Work Experience

  • Lawyer
  • Mark Cohen, J.D., LL.M.
  • 2003 - Present
  • Adjunct Professor - Legal Writing
  • Univ. of Arkansas School of Law
  • 2013 - 2014
  • Municipal Judge
  • City of Boulder
  • 2001 - 2002
  • Prosecuting Attorney
  • City of Westminster
  • 1996 - 2003
  • Founding Partner
  • Cohen Vacanti Higgins & Shattuck
  • 1990 - 1995
  • Special Asst. U.S. Attorney
  • United States Dept. of Justice
  • 1985 - 1987
  • Assistant Staff Judge Advocate
  • U.S. Air Force
  • 1983 - 1987
View all work experience

Education

  • University of Arkansas School of Law
  • LL.M.
  • 2014
  • Air Force Squadron Officers School
  • 1985
  • University of Colorado School of Law
  • JD - Juris Doctor
  • 1983
  • Whitman College
  • BA - Bachelor of Arts
  • 1980
  • University of Nebraska
  • N/A
View all education

Sample of Legal Cases

  • Optimus, Inc. v Synergetics, Inc. et. al.
  • Court award of 4.2 million dollars to our client, including punitive damages
  • Bruce v Helmick and Trescott
  • Court ruled for Plaintiff
  • Seitz v Freshwater Publishing
  • Defendants not liable under veil piercing theory
View all legal cases

Associations

  • Institute for General Semantics
  • Member
  • 1995 - Present
  • Colorado Bar Association
  • Member
  • N/A
  • Colorado Bar Association, Agricultural and Rural Law Section
  • Member
  • N/A
  • Boulder County Bar Association
  • Member
  • N/A
  • Federal Bar Association
  • Member
  • N/A
  • Colorado Municipal Judges Association
  • Member
  • N/A
View all associations

Honors and Awards

  • BOARD OF EDITORS OF THE COLORADO LAWYER (Chairperson 2013)
  • PRESIDENT OF THE COLORADO BAR ASSN
  • 2009
  • Community Service Champion (with other Board members)
  • Town of Nederland
  • 2004
  • Certificate of Service
  • Colorado Municipal League
  • 2002
  • Meritorious Service Medal
  • U.S. Air Force
  • 1987
  • Outstanding Young Military Service Lawyer Award
  • American Bar Association
  • 1986
  • Air Force Achievement Medal
  • U.S. Air Force
  • 1985
View all awards

Publications

  • The Colorado Lawyer
  • To Be or Not to Be: Using E-Prime to Improve Legal Writing
  • 2017
  • The Colorado Lawyer
  • Book Review: Avoiding Bad Depositions
  • 2016
  • The Colorado Lawyer
  • Book Review: FTC Practice and Procedure Manual
  • 2015
  • The Colorado Lawyer
  • Book Review: Writing for Dollars, Writing to Please: The Case for Plain Language in Business, Government, and Law by Joseph Kimble
  • 2012
  • Boulder County Bar Newsletter
  • Plain English: The Basics
  • 2012
  • The Colorado Lawyer
  • Book Review - Preparing Witnesses: A Practical Guide for Lawyers and Their Clients, (3rd Ed. ) by Daniel I. Small
  • 2009
  • Causes of Action, 36 COA2d 441
  • CAUSE OF ACTION TO ESTABLISH LIABILITY OF CORPORATE DIRECTOR OR OFFICER
  • 2008
  • The Colorado Lawyer
  • Elements of an Effective Workplace Violence Program
  • 2004
  • The Colorado Lawyer
  • Entrapment by Estoppel
  • 2002
  • Air Force Law Review
  • Trial Preparation & Organization
  • 1987
  • 43 POF 3d 195
  • Negligent Operation of Boxing Gym, Martial Arts School, or Similar Establishment,
  • N/A
  • 53 POF3d
  • Entrapment by Estoppel
  • N/A
  • 45 PO3d1
  • Grounds for Disregarding the Corporate Entity and Piercing the Corporate Veil
  • N/A
  • 35 POF3d 323
  • Entitlement to a Stay or Default Judgment Under The Soldiers' and Sailors' Civil Relief Act
  • N/A
  • 37 POF3d 1
  • Proof of Negligent Sale, Entrustment, or Storage of Firearm
  • N/A
  • 40 POF3d 111
  • Negligent Operation of Health Club or Similar Facility
  • N/A
View all publications

Speaking Engagements

  • Rossdale CLE
  • Alter Ego Liability and Piercing the Corporate Veil
  • 2016
  • Boulder County Bar Association, Business Law Section
  • A Brief History of Piercing the Corporate Veil
  • 2012
  • Boulder County Bar Association, Business Law Section
  • A Brief History of Piercing the Corporate Veil
  • 2008
  • National Association of Certified Home Inspectors Convention
  • An: Ounce of Prevention: How Home Inspectors can Minimize the Risk of Claims
  • 2007
  • National Association of Certified Home Inspectors Convention
  • An: Ounce of Prevention: How Home Inspectors can Minimize the Risk of Claims
  • 2006
  • Speaking Engagement
  • Prosecuting in a High Volume Court
  • 2002
  • Lorman Business Seminar
  • Collection Law
  • 1994
  • A Civilian Attorney's View Of The Military Justice System
  • A Civilian Attorney's View Of The Military Justice System
  • 1994
  • Family Law Seminar
  • The Soldiers' & Sailors' Civil Relief Act
  • 1991
View all speaking engagements

Attorney endorsements

Received (3)
Given (6)
Endorse Mark
Litigation Attorney | Jul 24
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Business Attorney | Sep 17
Relationship: Fellow lawyer in community
"Mark is a dedicated advocate for his clients. I have no hesitation endorsing this lawyer."
Intellectual property Attorney | Jul 10
Relationship: Fellow lawyer in community
"I have referred many clients to Mark over the years for various legal services such as intellectual property matters, contacts, litigation, and real estate matters. Mark has always been very responsive and has provided excellent legal services to my clients. I continue to refer clients to Mark and recommend anyone who has a need for the legal services he provides to contact Mark."