Are you eligible for a legal malpractice claim against your lawyer in Colorado?

 

Did your lawyer handled your case carelessly or made a big mistake? If yes, you have an option to get compensation for your losses, you may file a lawsuit for legal malpractice against your lawyer. You may find many lawyers in Colorado who can help you in a legal malpractice case. However, proving your point and winning the case can be challenging. You should be aware of some common challenges you can face and condition in which you can sue your lawyer for malpractice.

Just because you lost your case, it doesn’t mean you will blame your lawyer for the loss, there could many reasons behind that. It is predictable that one side will lose and one side will win despite, the experience and skill of lawyers on each side. Still, if you feel like cheated you can consult with another attorney who will definitely help you to understand the whole scenario deeply.

Common reasons leading to a legal malpractice claim

Negligence- Negligence could be the base of your malpractice claim, if you would be able to prove that your attorney made a mistake that other attorneys normally wouldn’t do such as filing the wrong documents, missing the important deadlines, etc.

Breach of duty or financial losses- If your lawyer made a serious mistake or acted in a way that breached their duty toward you lead to financial losses then it could be the base of malpractice claim and you can sue your lawyer.

If your attorney violates the rules of attorney ethics Colorado and lets you down, you can file for malpractice against the lawyer you hired. If you wanted to consult with a lawyer who can assist you throughout the case, visit http://coloradomalpracticelaw.com/ for best assistance.     

Why does one commit a legal malpractice?

Similar to medical malpractice, when an attorney fails to properly represent a case, they may be able to be sued for legal malpractice. In these situations, you need a qualified Denver legal negligence attorney to fight for your right to justice.

In the day to day life we come across many malpractices going on. When the people are not following the proper rules and regulations required then we say that the person is involving in a Malpractice.  Generally people commit a malpractice because they require something out of it. They really commit such a crime when they are in dire need of something for their livelihood. If they are caught they really land up. 

When clients come to attorneys, it’s because they need help with their legal malpractice situations.  Clients trust attorneys to do their jobs, especially if they have been retained after paying retainer fees.  The failure to properly represent a case is the failure to protect a client’s rights and ensure that they receive due justice under the law. Legal malpractice attorney Colorado happens when an attorney handles a case inappropriately due to negligence or with intent to harm and causes damages to a client.

The first element requires you to show that an attorney gave or promised to give you legal advice or assistance, and therefore created an attorney-client relationship in which you were owed competent and skilful representation. The second element of attorney negligence is similar to the standard for medical negligence. An attorney can never insure a particular outcome, and a failure to choose the best strategic course of action does not necessarily amount to a breach of duty.

The third and fourth elements, you must show that if the attorney had not been negligent or otherwise acted wrongfully, you would have been successful in the underlying case.

Some common kinds of malpractice include
•    Failure in filing or service a case before the deadline,
•    Failure to sue within the limitations provided,
•    Failure to perform a check conflicts,
•    Failure to apply the law correctly to a client’s situation,
•    Abuse of a client’s trust account,
•    Commingling trust account funds with an attorney’s personal funds,
•    Failure to return telephone calls.