Best Legal Malpractice Lawyers in Colorado

About Legal Malpractice Law in Colorado, United States

Legal malpractice occurs when an attorney fails to act according to the accepted standards of professional conduct, causing harm to a client. In Colorado, legal malpractice is a serious matter overseen by state statutes and court precedent. This area of law offers a way for clients who have suffered from attorney negligence, breaches of fiduciary duty, or other forms of professional misconduct to seek financial compensation. Legal malpractice is a distinct area of civil law, and cases must be proven under specific legal standards.

Why You May Need a Lawyer

People often seek legal help for potential legal malpractice when they believe that their attorney's mistakes led to a negative outcome in a civil or criminal case, real estate transaction, estate planning matter, or business deal. Common situations where someone may need assistance include missing critical legal deadlines, failing to file documents, mishandling client funds, having undisclosed conflicts of interest, providing inaccurate legal advice, or even failing to obtain client consent for legal decisions. Because legal malpractice cases are complex, with high standards for proof and detailed procedures, consulting a qualified attorney is strongly recommended.

Local Laws Overview

Legal malpractice in Colorado is governed by state statutes and the Colorado Rules of Professional Conduct. To win a legal malpractice case, a client must prove four key elements: the existence of an attorney-client relationship, a breach of duty by the attorney, actual damages suffered by the client, and causation linking the attorney's conduct to the damages. Colorado generally requires that malpractice claims be filed within two years from the date when the client knew or should have known of the malpractice. The state also employs the "case within a case" doctrine, meaning that a client must demonstrate that but for the attorney's negligence, the outcome would have been different. Qualified experts, usually other attorneys, are often required to testify about the standard of care and how it was breached.

Frequently Asked Questions

What is considered legal malpractice in Colorado?

Legal malpractice is when a lawyer breaches their duty to a client, resulting in harm to the client. Examples include missing court deadlines, failing to file necessary documents, or conflicts of interest.

How do I know if I have a legal malpractice case?

To have a case, you must show that your attorney owed you a duty, breached that duty, and caused you measurable harm as a result of their actions or inactions.

What is the statute of limitations for legal malpractice in Colorado?

In Colorado, you must generally file a legal malpractice lawsuit within two years of discovering the attorney’s negligent action or inaction. Exceptions may apply in very limited circumstances.

What damages can I recover in a legal malpractice case?

You can seek compensation for financial losses directly caused by the attorney’s negligence, which can include the value of a lost claim or defense and potentially punitive damages in cases of intentional wrongdoing.

Are all mistakes by lawyers considered malpractice?

No. Only mistakes that breach the professional standard of care and directly cause client harm are considered malpractice. Not every unfavorable outcome is due to attorney negligence.

What is the “case within a case” doctrine?

In a legal malpractice lawsuit, you must prove not only that the lawyer was negligent but also that you would have won your underlying case or obtained a better result if not for the negligence.

Can I sue my lawyer for ethical violations?

Violating ethical rules does not always equal malpractice, but such violations can be evidence if they result in direct harm and breach of duty.

Is expert testimony required in Colorado legal malpractice cases?

Yes, courts often require testimony from other attorneys to establish the applicable standard of care and how your attorney failed to meet it.

Will filing a complaint with the Colorado Supreme Court Office of Attorney Regulation Counsel help?

Filing a complaint can lead to disciplinary action against the lawyer but does not provide financial compensation. To obtain compensation, you must file a civil lawsuit.

How should I choose a legal malpractice attorney?

Look for an attorney with experience handling legal malpractice cases, knowledge of Colorado law, and a record of success. Initial consultations are often free, allowing you to discuss your situation confidentially.

Additional Resources

If you suspect legal malpractice, you may seek further information or support from these organizations and resources in Colorado:

- Colorado Supreme Court Office of Attorney Regulation Counsel: Handles complaints and investigates attorney misconduct. - Colorado Bar Association: Offers attorney referrals and educational materials about legal malpractice. - Colorado Judicial Branch Self-Help Center: Provides forms and information for people representing themselves. - Local legal aid organizations: Can sometimes offer guidance or refer you to malpractice attorneys if you qualify for low-cost services.

Next Steps

If you believe you have been harmed by an attorney’s mistake or misconduct, gather all relevant documents, correspondence, and evidence related to your case. Act quickly, as legal malpractice claims in Colorado have strict deadlines. Research and contact attorneys who focus on legal malpractice to discuss your potential claim confidentially, and ask about their experience, fees, and approach. Consider consulting with multiple attorneys to find one you trust. Remember, only a qualified attorney can assess your situation, explain your legal options, and help you pursue justice or compensation for your losses.