Judge tosses claim lawyer overcharged DUI client

A judge has dismissed a lawsuit against a Colorado Springs lawyer whose 74-year-old client accused him of bilking her over fees paid for his defense work in three drinking and driving charges.

Fourth Judicial District Judge Theresa Cisneros ruled that Gretchen Smith failed to show evidence to contradict the billing records that Mark Rue had submitted for representing her.

In her suit, Smith charged that time records submitted by her lawyer were inflated and fabricated. Cisneros, however, found that Rue's explanation of his legal work and fees were "unrebutted."

In a three-page order issued March 17, Cisneros also ruled that Smith had not provided an expert witness to back up her fraud claim against Rue, who had billed her a total of $19,500 in the three cases.

The DUI cases occurred in 2004 and 2005. In May 2007, Smith received a sentence for her third DUI charge of one year supervised probation, 96 hours community service and 90 days in jail, which she was able to serve at home while wearing wrist and ankle monitors.

Rue, licensed as a lawyer in Colorado since 1981, has no record of any disciplinary actions. His lawyer described the allegations against him as "baseless."

"Mark Rue is really a very good lawyer and didn't do anything wrong," said lawyer Jeffrey Pagliuca. "He should not have been sued in the first place. This is the right result in this case."

Smith's lawyer Edward Farry Jr. was out of town Wednesday and could not be reached for comment.