Legal Malpractice Explained
Most people only hire an attorney when things have gone wrong and they need professional help to make things right legally. We expect attorneys to be professional, well-educated, well-versed in the law and accomplished in legal proceedings. We place our trust in their hands and depend on their ability to provide a service in our time of need. Simply put, we expect them to get the job done while keeping our best interest in the forefront.
What happens when that trust is broken?
Malpractice is a term used to describe the improper or unethical conduct of a professional in a position of trust that results in some harm or damage. What this means is that the professional, knowingly or unknowingly, intentionally or by accident, broke the rules, made a mistake, forgot to do something, or did something wrong. This act or omission is usually considered immoral, illegal, or unethical.
Legal malpractice means an attorney, or a law firm, did some improper act or procedure that could be considered unprofessional, unethical, immoral or illegal. It also means there is some measurable damage, which must be measured in dollars, and it fits into another parameter: other like-professionals acting in the same capacity would find the actions unreasonable and would have obtained different results.
Examples of Legal Malpractice
There are numerous factors that go into determining if an attorney did indeed commit some act, was negligent, or omitted some necessary action that led to malpractice.
In order to be considered malpractice, the situation must be looked at from some of the following aspects:
- Was the case lost because the attorney failed to prepare properly?
- Did the acts of the attorney lead to a lawsuit against you?
- Did the attorney or law firm ignore your wishes, coerce you into an action or settlement, or fail to adequately inform you of your options?
- Did they fail to be reasonably diligent in pursuing the case, reviewing documents, finding witnesses, researching case law and the like?
- Did the attorney fail to meet dead-lines or make other timeline mistakes?
- Did the law firm or lawyer settle the case without your knowledge?
- Was the settlement below “permissible limits”, inadequate or in some other way improper?
- Were drafted documents incomplete, ambiguous, or wrong?
- Was there a conflict of interest on the attorney’s part?
This is only a partial list, and other factors must be considered. Simply losing your case or getting a small settlement does not constitute legal malpractice. The act or acts committed, or omitted, must be considered egregious and cause measurable economic harm. These damages must also be proven to be the result of the attorney’s malfeasance.
Most legal malpractice complaints stem from the preparation, filing and transmitting of documents. While these might be some of the easiest to prove, legal malpractice is not limited to documents. It can also include pretrial and prehearing actions, advice, and settlement or negation actions.
You should trust your attorney and law firm; you hired a professional and expect reasonable and professional conduct from them. If that trust was misplaced or broken, you may have a legal malpractice case.
Why Hire a Colorado Legal Malpractice Attorney?
A legal malpractice attorney is an attorney you can hire to hold the attorney or law firm who broke your trust accountable. Whether this breach was from negligence of care or a broken contract, it is important to have your situation evaluated. Whatever the situation, you deserve to hire an attorney who will have your back and your best interests at heart.
A Colorado Legal Malpractice attorney understands the laws and the viability of suing another attorney for malpractice in Colorado. The laws are complicated in these situations, as well as open to interpretation. Pursuing a legal malpractice claim requires understanding the law and the professional standards and ethics involved.
We are experienced consumer lawyers and understand what you have gone through. We also hold the conduct and ethics of our profession to the highest standards. Our focus is directly on legal malpractice claims. We believe in holding another attorney to the law and to the standards of our profession.
Hiring a Colorado Legal Malpractice attorney means your rights will be looked after and you will be treated as an individual. We will take the time to not only determine if there is a malpractice suit, but then what steps are best taken to proceed with the claim, and also determine the best possible outcome for you, the plaintiff.
If an attorney or law firm has violated the trust of their client or is practicing law with poor or substandard methods, it is our opinion that this should come to light. This makes hiring an attorney who has experience in this area a must. We are sensitive to the situation and feelings that being misrepresented can cause. We are versed in the various types of malpractice and the impacts of whether or not that attorney has malpractice insurance.
What you can expect from a Colorado Legal Malpractice attorney:
- A professional, considerate, and compassionate level of service.
- Responsive and honest communications with you at each step of the process.
- A properly prepared and managed cased.
- Timely and appropriate filings, backed by thorough research and review.
- You will never feel abandoned or neglected.
- Professional and ethical representation every step of the way.
- A law firm you can count on to look out for your best interests.
If you are in need of a legal malpractice attorney, you have suffered enough. You deserve to hire an attorney who can help you find a resolution to what has most likely been a painful, if not traumatic case already. From feeling violated to feeling ripped-off and let down, legal malpractice is a rough and costly experience. Let an experienced Colorado Legal Malpractice attorney consult with you to see if you have a case. Together we can decide how to proceed so you can move forward in your life.