Richard F. Hennessey

Richard F. Hennessey, is special counsel to the firm. He practices in the areas of general business law, health law, the law of lawyering, and professional and business regulation and enforcement. For example, Rich

  • has functioned as general counsel for five years to the wireless communications division of a major Colorado-based cable and communications company, and was involved in operations, as well as acquisitions, mergers and sales;
  • has assisted the financial services, legal and medical professions in the development of practice standards and regulatory procedures and assisted professional groups, businesses and insurers in a variety of risk management projects;
  • assists in health care contracting and in the formation and operation of medical services provider groups;
  • assists business and professional entities regarding entity formation, operations and dissolution; and
  • advises and represents lawyers and law firms regarding matters of legal ethics and other issues related to the practice of law.

Rich has significant experience in health law related areas. For example, he has represented MSOs and single specialty and multi-specialty IPAs in their formation and operations, which has included payer and managed care contracting, credentialing, provider contracting, peer review, and systems development and management. Rich also represents several specialty medical associations.

Rich's practice also includes the law pertaining to lawyers. He represents lawyers and law firms regarding issues of legal ethics, professional responsibility, risk management and attorney regulation. He has been an expert witness in a variety of cases involving standards of practice and lawyers' conduct.

Rich also has significant experience in the area of state and local government. Prior to joining the firm in 1982, he served as the Deputy Attorney General of the State of Colorado, the statutory position currently called the chief deputy attorney general. He also previously served as associate regional attorney for the Office of General Counsel, U.S. Equal Employment Opportunity Commission. He served both as the first Committee Counsel for the Colorado Supreme Court Grievance Committee during the period 1974 to 1979 and as a member of the Colorado Supreme Court Grievance Committee for six years (1981 through 1986), serving as chair in 1986.

Rich's previous positions include:

  • Colorado Department of Law, Office of the Attorney General, the Deputy Attorney General, 1979-1982
  • Colorado Supreme Court Grievance Committee, Committee Counsel, 1974-1979
  • U.S. Equal Employment Opportunity Commission, Office of General Counsel, Regional Litigation Center, Associate Regional Attorney, 1973-1974
  • Legal Aid Society of Metropolitan Denver, Attorney, 1968-1973; Associate Director, 1971-1973
  • University of Denver College of Law, Adjunct professor, 1978 and 1981
  • University of Colorado Law School, Visiting professor, 1972-1973

Rich was selected to Colorado SuperLawyers in the field of professional liability defense in 2006, 2007 and 2008.

Email rhennessey@penberg.com

Publications
C. Morris, Jr., and R. Hennessey, Ethics and the Business Lawyer, 32 Colo. Law 10, p. 43 (Oct. 2003)

R. Hennessey, "Emphasizing Rules Instead of Principles
Risks Losing Our Sense of Purpose," 27 The Colorado Lawyer 19 (February 1998)

R. Hennessey, N. Kanaya, "Rights and Limitations
Regarding a Patient's Access to His or Her Own Medical Records,"
Colorado Psychiatric Society Newsletter, Vol. XXI, No. 1 (March 1996)

"Colorado's New Rules of Professional Conduct: A More
Comprehensive and Useful Guide for Lawyers," 21 The Colorado Lawyer 2102 (R. Hennessey, ed. October, 1992)

R. Hennessey, J. Morrow, "Attorney's Ethical Duty to
Third Parties in the Context of Commercial Real Estate Transactions,"The Colorado Fund Concept, Vol. 6, No. 11 (Dec./Jan. 1992)

R. Hennessey, "Guidelines for Lawyer Trust Accounts," 12 The Colorado Lawyer 80 (April 1983)

J. Bunch, L. DeMuth, Jr., R. Hennessey, "Representing an Entity" (fifth of a six-article Symposium on Professional Responsibility and the Proposed Model Rules of Professional Conduct), 9 The Colorado Lawyer 2589 (December 1980)

R. Hennessey, J. Bunch and R. Polidori, "Some Persisting Problems" (the concluding article of a six-article Symposium on
Professional Responsibility and the Proposed Model Rules of
Professional Conduct), 9 The Colorado Lawyer 2599 (December 1980)

R. Hennessey, "Managing with Lawyers," Summary of
Proceedings, Fourth Management Institute (1977) - published by the National Association of Attorneys General

R. Hennessey, R. Landies, T. Shaffer, "Looking at Your
Law Firm as an Organization," 16 Law Office Economics and Management 160 (1976)

Four published Annual Reports of the Colorado Supreme Court Grievance Committee which appear as follows: the 1978 report, 8 The Colorado Lawyer 587 (April 1979); the 1977 report, 7 The Colorado Lawyer 723 (May 1978); the 1976 report, 6 The Colorado Lawyer 451 (March 1977); and the 1975 report, 5 The Colorado Lawyer 377 (March 1976) (which was the first such report)

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Admitted to Practice
Colorado; U.S. District Court, District of Colorado; U.S. Court of Appeals, Tenth Circuit; Supreme Court of the United States

Education
1968, J.D., Notre Dame Law School, South Bend, Indiana

1964, B.A., Program of Liberal Studies, University of Notre Dame, South Bend, Indiana

1960-1961, University of Detroit, Detroit, Michigan

Honors and Distinctions
University of Pennsylvania Law School - Reginald Heber Smith Community Lawyer Fellowship, 1968-1969

Professional and Community Activities
Denver Bar Association, 1968 to present; First Vice-president, 1988-1989; Board of Trustees (elected 1982 for 3-year term)

Colorado Bar Association, 1968 to present; Ethics Committee, 1974 to present; Chair, 1993-1994; Vice-chair, 1992-1993.
Special subcommittee to study and formally report to ABA on so-called Kutak Committee's Proposed Model Rules of Professional Conduct, 1981.
Special subcommittee to develop attorney advertising rules, 1977.
Health Law Section.
Business Law Section Council.
Task Force on Lawyer Assistance Programs; Chair, 1991-1992.
Task Force on Gender Bias; Chair, 1988-89.
Task Force on Lawyer Trust Accounts.
Long Range Planning Committee; Chair, 1980-1981.
Board of Governors (elected DBA representative 1979-1981 term).
Ad Hoc Committee on Selection of Officers

Colorado Lawyers Committee; Director, 2000 to present; Medically Indigent Task Force, Chair, 2000 to present

American Bar Association, 1968 to present; Health Law Section; Antitrust Section

Colorado Tobacco Education & Prevention Alliance; Advisory Board, 2002 to present

American Bar Foundation, Fellow

Colorado Bar Foundation, Fellow

Colorado Supreme Court Grievance Committee, 1981-1986; Vice Chair, 1984 and 1985; Chair, 1986

Joint Colorado Supreme Court and Colorado Bar Association Rules of Professional Conduct Committee, 1988-1992

Colorado Supreme Court Committee to Examine the Code of Judicial Conduct, 1986-1988

Colorado Supreme Court Advisory Committee on Group Legal Services and Advertising, 1979-1986

Colorado Lawyer Trust Account Foundation ("COLTAF"); Organizing Board of Directors for program for financing legal services to the disadvantaged through interest on lawyer trust accounts, 1983

Colorado Lawyers Health Program; Director and President, 1993

National Health Lawyers Association

Association of Professional Responsibility Lawyers

National Organization of Bar Counsel, 1974-1979; Treasurer, 1978

American Civil Liberties Union of Colorado; Board of Directors, 1973-1976; Participating pro bono trial attorney, 1982-1983

Legal Aid Society of Metropolitan Denver; Member of Board and Executive Committee, 1973-1975

National Legal Services Training Center, Curriculum Advisory Committee, Law School, Catholic University of America, 1972-1973

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