Losing a legal case can be one of the most frustrating and emotionally draining experiences a person can face. Legal matters often involve high stakes, including finances, family relationships, freedom, employment, or long-term security. When an unfavorable outcome occurs, clients naturally question whether everything was handled correctly. In some situations, the loss is unavoidable. In others, however, the outcome may be the result of legal malpractice.
Legal malpractice is a serious issue that affects individuals across all areas of law. It occurs when an attorney fails to meet professional or ethical standards, resulting in harm to a client. While the legal profession is built on principles of competence, integrity, and trust, mistakes and misconduct do happen. When they do, the consequences for clients can be devastating.
This article provides a comprehensive, general overview of legal malpractice. It explains what legal malpractice is, how it happens, common warning signs, how it can affect a legal case, and what steps individuals can take if they suspect their attorney’s actions caused them to lose their case. The goal is to help readers understand their rights and make informed decisions moving forward.
Legal malpractice occurs when an attorney fails to perform their duties according to the standards expected of a reasonably competent legal professional, and that failure causes harm to the client. Attorneys have both ethical and legal obligations to their clients. These include providing competent representation, acting with diligence, communicating effectively, maintaining confidentiality, and avoiding conflicts of interest.
Not every mistake or unfavorable outcome qualifies as legal malpractice. The law is complex, and even experienced attorneys may lose cases due to factors beyond their control. Legal malpractice is not about losing a case; it is about losing a case because an attorney acted negligently, incompetently, or unethically.
Examples of conduct that may constitute legal malpractice include missing deadlines, failing to file necessary documents, providing incorrect legal advice, failing to investigate facts, or mishandling client funds. When such actions directly lead to a negative outcome, a client may have grounds for a legal malpractice claim.
Many people are surprised to learn how often legal malpractice occurs. While most attorneys strive to act professionally and ethically, the legal system is demanding and fast-paced. Heavy caseloads, tight deadlines, and complex regulations can increase the risk of errors.
Another reason legal malpractice is common is that clients often do not realize it has occurred. Many individuals assume that losing a case simply means they were in the wrong or that the law was not on their side. In reality, the outcome may have been different if the attorney had acted properly.
Additionally, clients may hesitate to question their attorney’s actions. Lawyers are seen as authority figures, and clients may feel intimidated or unsure about challenging their judgment. This hesitation can delay discovery of malpractice until it is too late to fix the damage.
Legal malpractice can take many forms, depending on the nature of the case and the attorney’s role. Generally, it falls into several broad categories.
Negligence is one of the most common forms of legal malpractice. It occurs when an attorney fails to exercise reasonable care and skill in handling a case. Examples include:
Even a single missed deadline can permanently destroy a client’s case.
Attorneys owe their clients a fiduciary duty, meaning they must act in the client’s best interests at all times. A breach of this duty occurs when an attorney puts personal interests ahead of the client’s needs.
Examples include:
These actions violate trust and can cause serious harm.
When an attorney agrees to represent a client, a contract is formed, whether written or implied. If the attorney fails to perform agreed-upon services, abandons the case, or violates the terms of representation, this may constitute a breach of contract.
In some cases, attorneys may make false statements, exaggerate qualifications, or mislead clients about the status of their case. Misrepresentation, whether intentional or reckless, can result in severe consequences for clients.
Legal malpractice can occur in nearly any area of law. Some of the most common examples include:
Each of these mistakes can significantly alter the outcome of a legal matter.
Recognizing the warning signs of legal malpractice is critical. While no single issue guarantees malpractice, patterns of behavior may indicate a serious problem.
Repeatedly missing deadlines is one of the clearest indicators of potential malpractice. Courts enforce deadlines strictly, and failure to comply can lead to dismissal or sanctions.
If an attorney consistently fails to return calls or emails, provides vague answers, or avoids discussing the case, this may indicate neglect or an attempt to hide mistakes.
Repeated errors in legal documents, incorrect filings, or inaccurate statements may signal a lack of competence or preparation.
An attorney who appears unfamiliar with the facts, law, or strategy of the case may not be providing adequate representation.
Excessive fees, unexplained charges, or billing for work that was not performed may indicate unethical conduct.
Legal malpractice can directly affect the outcome of a case in many ways. A missed filing deadline can result in automatic dismissal. Failure to investigate can weaken arguments or eliminate key evidence. Poor negotiation may lead to unfair settlements.
In some cases, malpractice prevents a case from ever being heard. In others, it leads to a loss that could have been avoided with competent representation. The result is often financial loss, emotional distress, and a sense of injustice.
To pursue a legal malpractice claim, certain elements generally must be proven.
The client must show that an attorney-client relationship existed. This establishes the attorney’s duty to the client.
The client must demonstrate that the attorney failed to meet the professional standard of care expected in similar circumstances.
It must be shown that the attorney’s actions directly caused the harm. This often involves proving that the client would have achieved a better result if not for the attorney’s negligence.
The client must have suffered actual damages, such as financial loss, lost legal claims, or additional legal costs.
Legal malpractice cases are complex. They often require expert testimony to explain legal standards and demonstrate how the attorney’s conduct fell short. Proving causation can be especially difficult, as courts require evidence that the outcome would have been different.
Despite these challenges, malpractice claims are an important mechanism for accountability and justice.
If you believe your attorney’s actions caused you to lose your case, taking prompt action is essential.
Consulting another attorney can help you understand whether malpractice may have occurred. An objective review of your case can clarify your options.
Collect contracts, emails, court filings, billing records, and any other relevant documents. These records are crucial for evaluating a malpractice claim.
Legal malpractice claims are subject to strict time limits. Waiting too long may eliminate your ability to pursue compensation.
In successful legal malpractice claims, clients may be able to recover compensation for:
The goal is to place the client in the position they would have been in if the malpractice had not occurred.
While clients cannot control every aspect of legal representation, certain steps can reduce the risk of malpractice.
An informed and engaged client is better equipped to identify issues early.
Beyond financial harm, legal malpractice can cause emotional stress, frustration, and loss of trust. Clients may feel betrayed by someone they relied on during a difficult time.
Acknowledging this impact is important. Seeking accountability can provide closure and restore confidence in the legal system.
Legal malpractice claims serve an important purpose. They protect clients, promote professional responsibility, and reinforce ethical standards. Holding attorneys accountable helps maintain public trust and ensures the legal profession operates fairly.
Losing a legal case is difficult, but losing a case due to legal malpractice can be especially painful. Understanding what legal malpractice is, how it happens, and what options are available empowers individuals to protect their rights.
If you believe your attorney’s actions contributed to an unfavorable outcome, you are not alone. By staying informed, acting promptly, and seeking guidance, you can take steps toward accountability and recovery.
Being informed is not about assigning blame—it is about ensuring fairness, responsibility, and justice within the legal system.
Legal malpractice is a serious issue that can have lasting consequences for individuals who rely on attorneys to protect their legal interests. When people hire a lawyer, they do so with the expectation that their case will be handled competently, ethically, and with due care. Attorneys are entrusted with sensitive information, important deadlines, and decisions that may significantly impact a client’s financial stability, personal well-being, and future.
Unfortunately, attorneys do not always meet these expectations. When a lawyer fails to uphold professional or ethical standards and causes harm to a client, legal malpractice may occur. Despite its seriousness, legal malpractice is often misunderstood. Many clients are unsure of what qualifies as malpractice, how to recognize the warning signs, or what steps to take if they believe they have been harmed.
This article provides a comprehensive explanation of legal malpractice, including its definition, common warning signs, the essential elements of a legal malpractice claim, and practical steps clients can take to prevent becoming victims. It also explores how legal malpractice cases are handled and what options may be available to those seeking accountability and compensation.
Legal malpractice occurs when an attorney fails to perform their duties according to the professional standards expected in the legal field, resulting in harm to a client. Attorneys are required to act competently, communicate effectively, follow ethical rules, and represent their clients with diligence and loyalty. A breach of these obligations may give rise to a malpractice claim.
It is important to understand that not every unfavorable outcome is the result of legal malpractice. The law is complex, and even well-prepared attorneys can lose cases due to factors beyond their control. Malpractice arises only when the attorney’s actions or omissions fall below the accepted standard of care and directly cause damage to the client.
Examples of conduct that may constitute legal malpractice include missing filing deadlines, providing incorrect legal advice, failing to prepare adequately, mishandling client funds, or acting in a way that creates a conflict of interest. When such failures result in financial loss or other harm, clients may have grounds for legal action.
Legal malpractice frequently goes unrecognized because clients may not fully understand the legal process or the standards attorneys are expected to follow. Many people assume that a negative outcome is simply part of litigation, rather than a sign of negligence or misconduct.
Additionally, clients often place a great deal of trust in their attorneys and may feel hesitant to question their judgment. Others may fear retaliation, worry about the cost of pursuing another legal matter, or believe that proving malpractice is too difficult.
In some cases, the effects of malpractice do not become apparent until much later. A missed deadline or improperly handled matter may only surface after a claim has been dismissed or an appeal is no longer possible. By that time, the damage may already be significant.
While not all mistakes rise to the level of malpractice, certain warning signs may indicate that an attorney has acted negligently or unethically. Being aware of these red flags can help clients identify potential issues early.
Missing deadlines is one of the most common and serious indicators of legal malpractice. Courts impose strict deadlines for filing documents, responding to motions, and initiating legal actions. Failure to meet these deadlines can result in the dismissal of a case or the permanent loss of legal rights.
If an attorney misses a critical deadline and the client’s case suffers as a result, this may point to negligence.
Attorneys have a duty to keep their clients reasonably informed about the status of their case. Repeatedly failing to return phone calls, ignoring emails, or providing vague or inconsistent information may be cause for concern.
Poor communication can prevent clients from making informed decisions and may signal that the attorney is neglecting the case or attempting to conceal mistakes.
Legal filings must be accurate and complete. Frequent mistakes in paperwork, incorrect legal arguments, or improperly drafted documents can weaken a client’s position and suggest a lack of competence or attention to detail.
While minor errors may occur occasionally, repeated or serious mistakes that affect the outcome of a case may constitute malpractice.
An attorney should be thoroughly prepared for hearings, negotiations, and trials. Signs of inadequate preparation include unfamiliarity with case details, failure to present evidence, or inability to respond effectively to opposing arguments.
A lack of preparation can significantly harm a client’s chances of success.
Attorneys are ethically required to avoid conflicts of interest unless they are fully disclosed and consented to by the client. Representing parties with opposing interests or prioritizing personal gain over a client’s needs can constitute serious misconduct.
If an attorney appears to be favoring another party or has undisclosed relationships affecting the case, this may be a warning sign.
Attorneys must bill clients fairly and transparently. Charges for unnecessary work, unexplained fees, or billing for services not performed may indicate unethical behavior.
Clients have the right to understand how their money is being spent and to question billing practices that seem unreasonable.
Legal malpractice can occur in virtually any area of law. Some of the most common types include:
Each of these actions can have serious consequences and may form the basis of a malpractice claim.
To succeed in a legal malpractice claim, a client must generally prove several key elements. While specific requirements may vary by jurisdiction, the following elements are commonly required.
The first element is the existence of an attorney-client relationship. This relationship establishes the attorney’s duty to act in the client’s best interests. Evidence may include written agreements, payment records, correspondence, or conduct demonstrating that legal services were provided.
Without an attorney-client relationship, a malpractice claim typically cannot proceed.
The client must show that the attorney breached their duty by failing to meet the standard of care expected of a reasonably competent attorney in similar circumstances. This may involve negligence, lack of skill, or unethical behavior.
Expert testimony is often used to establish what the standard of care was and how the attorney’s conduct deviated from it.
Causation is often the most challenging element to prove. The client must demonstrate that the attorney’s breach directly caused the harm suffered. This typically involves showing that the client would have achieved a better outcome if the attorney had acted competently.
This requirement is sometimes referred to as proving a “case within a case.”
Finally, the client must prove that they suffered actual damages as a result of the attorney’s conduct. Damages may include financial losses, lost legal claims, additional legal expenses, or other measurable harm.
Without provable damages, a malpractice claim cannot succeed, even if the attorney acted negligently.
Legal malpractice claims are complex and often difficult to pursue. Attorneys accused of malpractice may argue that their decisions were strategic, that the client’s case was weak, or that external factors caused the unfavorable outcome.
Additional challenges include obtaining expert testimony, meeting strict statutes of limitations, and proving causation. Despite these obstacles, well-documented claims supported by experienced legal counsel can be successful.
While clients cannot eliminate all risks, proactive measures can significantly reduce the likelihood of becoming a victim of legal malpractice.
Researching an attorney’s qualifications, experience, and reputation is essential. Clients should ask questions about prior experience, communication practices, and case strategy before hiring legal representation.
Clear communication from the beginning can help prevent misunderstandings. Clients should understand the scope of representation, fee arrangements, and anticipated timelines.
Written agreements should be reviewed carefully before signing.
Clients should remain actively engaged in their case. Requesting updates, reviewing documents, and asking questions can help ensure transparency and accountability.
Maintaining copies of all correspondence, contracts, invoices, and filings can be invaluable if disputes arise later.
If concerns arise about an attorney’s performance, seeking a second opinion can provide clarity and help determine whether malpractice may have occurred.
Before pursuing litigation, some clients may consider alternative dispute resolution methods such as mediation or arbitration. These approaches can sometimes resolve disputes more efficiently and at a lower cost.
However, not all malpractice cases are suitable for alternative resolution, particularly those involving serious negligence or ethical violations.
Clients who suspect legal malpractice should seek legal advice as soon as possible. Another attorney can review the case, assess potential claims, and explain available options.
Legal representation may include evaluating damages, negotiating settlements, and pursuing litigation if necessary. Experienced counsel can guide clients through the process and advocate for fair compensation.
Compensation in legal malpractice cases may include recovery for:
The goal is to place the client in the position they would have been in had the malpractice not occurred.
Legal malpractice claims are subject to strict time limits that vary by jurisdiction. These limits may begin when the malpractice occurs or when the client discovers the harm.
Failing to act within the applicable timeframe can result in the loss of the right to seek compensation, making prompt action essential.
Beyond financial losses, legal malpractice can cause significant emotional distress. Clients may experience frustration, anxiety, and a loss of trust in the legal system.
Acknowledging these impacts is important, and pursuing accountability can help restore confidence and provide closure.
Legal malpractice claims play an important role in maintaining professional standards within the legal system. Holding attorneys accountable helps protect clients and reinforces ethical conduct throughout the profession.
Legal malpractice is a complex and serious issue that can have far-reaching consequences. Understanding the warning signs, legal requirements, and available options empowers clients to protect their rights and make informed decisions.
By staying vigilant, choosing legal representation carefully, and seeking advice when concerns arise, individuals can reduce the risk of malpractice and take appropriate action if it occurs. Being informed is the first step toward safeguarding one’s legal interests.
In the legal profession, managing client relationships extends beyond providing competent representation—it also includes handling sensitive financial matters. Disputes over fees, claims of negligence, or allegations of misappropriation of funds are some of the most common challenges lawyers face. How attorneys approach these situations can significantly affect their professional reputation, potential liability, and the outcomes of any disputes.
For Colorado attorneys in 2026, understanding the mechanisms for resolving disputes, the legal frameworks governing claims, and the options for protecting both clients and lawyers is more important than ever. This guide explores client fee disputes, claims arising from legal malpractice, and reimbursement for misappropriated funds, offering practical advice for attorneys and firms navigating these issues.
A fee dispute arises when a client questions the amount of money charged for legal services, the allocation of payments, or the reasonableness of the attorney’s fees. These disputes are not only a potential source of litigation but can also damage a lawyer’s reputation if handled poorly. In some cases, they may escalate into formal complaints before state disciplinary boards or civil lawsuits.
Attorneys must treat all fee-related concerns seriously and proactively address them. By maintaining transparency, thorough documentation, and open communication, many disputes can be resolved before they escalate.
There are three primary circumstances in which a client may challenge a lawyer’s fees:
The most straightforward type of dispute involves disagreements over the fees themselves. Clients may argue that the fees charged are excessive, unclear, or not properly justified. In Colorado, fee disputes can sometimes be addressed through local or state bar association mechanisms.
Fee Dispute Committees
Many county bar associations have fee dispute committees or panels that review contested fees. These committees examine the representation agreement, billing records, and the scope of work performed to determine whether the fees charged were reasonable and appropriate. The process is typically informal, aiming to mediate between the attorney and client without resorting to litigation.
Role of State Disciplinary Authorities
If the dispute concerns not just the fee but the ethical or professional conduct of the attorney, the state disciplinary board may become involved. In Colorado, the Office of Attorney Regulation Counsel (OARC) handles complaints regarding attorney misconduct, including disputes that implicate ethical rules. While they cannot directly order an attorney to return fees, they can investigate violations of professional conduct and impose disciplinary measures.
Sometimes, a client’s complaint is not about the fee itself but rather about harm resulting from the attorney’s actions—or inaction. Examples of negligent conduct include:
In these cases, the client may pursue a legal malpractice claim to recover damages caused by the attorney’s negligence. Unlike fee disputes, these claims are civil matters, often requiring the client to prove that the attorney breached their duty of care, directly causing financial harm.
Key Points for Malpractice Cases:
Malpractice claims are often complex, requiring expert testimony from other attorneys to establish the standard of care and demonstrate how it was violated.
A more severe scenario involves allegations that an attorney improperly took or withheld client funds. This can include:
In Colorado and many other states, clients have avenues for reimbursement through professional funds established to protect clients. In Pennsylvania, for example, the Lawyers Fund for Client Security compensates clients for stolen or misused funds, though it does not cover negligence or fee disputes. While Colorado has similar mechanisms, the key point for attorneys is that misappropriation is considered a serious violation that can result in civil lawsuits, criminal charges, and permanent disciplinary actions.
Depending on the nature of the complaint, clients may pursue different remedies:
When a client disputes a fee, attorneys should consider mediation or arbitration before escalating to litigation. Local bar associations or state-mandated programs often provide structured processes to review disputes. Resolving the matter through mediation not only reduces the risk of formal complaints but can also preserve the professional relationship.
For cases involving negligence, the client may file a legal malpractice lawsuit. The elements of a successful claim generally include:
Because these claims often involve complex legal and factual issues, attorneys defending against malpractice allegations should retain counsel experienced in malpractice defense. Documentation, evidence of proper procedures, and adherence to ethical standards are critical in building a strong defense.
If embezzlement is involved, clients may be eligible for compensation through professional protection funds. Attorneys accused of misappropriation should respond immediately, cooperate with investigations, and consider civil remedies or restitution if appropriate. Misappropriation allegations carry severe consequences, including disbarment and potential criminal liability.
Prevention is always the best approach. Attorneys can take several proactive steps to reduce the likelihood of disputes:
A well-drafted engagement letter or retainer agreement is essential. The agreement should outline:
Clear agreements prevent misunderstandings and provide a basis for resolving disputes if they arise.
Detailed, itemized invoices help clients understand what they are paying for and reduce the risk of disputes. Regular billing with explanations for charges is preferred over large, infrequent invoices.
Open communication is critical. Attorneys should keep clients informed about case developments, deadlines, and potential risks. Maintaining thorough records of meetings, correspondence, and decisions is crucial for both defending against malpractice claims and resolving disputes amicably.
Implementing firm-wide risk management strategies can minimize exposure to disputes. Examples include:
Even with preventive measures, disputes may still arise. The key to resolution is a structured and professional approach.
Evaluate the client’s concerns objectively. Determine whether the complaint involves a simple misunderstanding, a fee dispute, negligence, or potential misappropriation.
Engage in a calm and professional discussion with the client. Clarify any misunderstandings and provide documentation or explanations as needed. Early communication can often resolve disputes before formal complaints or lawsuits are necessary.
Mediation offers a neutral forum to resolve disputes without litigation. Many local bar associations encourage or require mediation for fee disputes. A mediated agreement can preserve professional relationships and reduce costs.
If the dispute cannot be resolved informally, attorneys should consult with experienced malpractice defense counsel. This ensures compliance with ethical obligations, protects against civil liability, and provides a strategic approach to dispute resolution.
Colorado attorneys face unique considerations due to evolving laws, professional standards, and technological changes affecting legal practice. Some 2026-specific trends include:
If a client disputes fees, alleges negligence, or claims embezzlement, attorneys may require legal support for defense or negotiation. Experienced counsel can:
Prompt consultation ensures that attorneys understand their rights and responsibilities and reduces the risk of costly errors during the resolution process.
Client disputes, whether regarding fees, negligence, or misappropriation, are a serious matter that requires careful handling. In 2026, Colorado attorneys must navigate these issues with professionalism, transparency, and a thorough understanding of current legal frameworks.
Preventive measures—such as clear engagement agreements, transparent billing, thorough documentation, and effective communication—can reduce the risk of disputes. When conflicts do arise, early assessment, professional dialogue, mediation, and, if necessary, legal counsel are essential strategies for resolution.
At ColoradoMalpracticeLaw, we assist attorneys in managing client disputes and navigating the complex landscape of legal malpractice. Our goal is to provide guidance, protect your professional reputation, and ensure that disputes are resolved efficiently and fairly.
If you are involved in a fee dispute, face allegations of negligence, or are accused of misappropriation, contact ColoradoMalpracticeLaw today. Our experienced team can help you understand your options, defend your interests, and reach a resolution that protects your practice and your clients.
Legal malpractice is a serious and often misunderstood issue that can have profound consequences for clients. When a lawyer fails to uphold their professional and ethical obligations, clients can face not only financial losses but also emotional distress and long-term damage to their personal or business interests.
For residents of Colorado, understanding legal malpractice is crucial. Many people are unaware of what constitutes malpractice, how to recognize warning signs, and what steps to take to protect themselves. This article, crafted for ColoradoMalpracticeLaw, provides a comprehensive guide to legal malpractice, including its warning signs, the elements required to prove a claim, and practical steps for preventing or addressing it.
Legal malpractice occurs when an attorney fails to provide competent and ethical representation to a client, resulting in harm. This can include errors, negligence, or breaches of professional responsibility. Unlike a simple disappointing outcome in a case—which can happen even when an attorney acts diligently—legal malpractice specifically involves a failure to meet the standard of care that a reasonably competent lawyer would provide.
In Colorado, as in other states, attorneys are bound by strict ethical rules. These include obligations to:
When these duties are breached, and the client suffers damages as a result, the lawyer may be liable for legal malpractice.
Not every mistake by an attorney is considered malpractice. However, certain warning signs can indicate that a lawyer may be acting negligently or unethically. Recognizing these early can prevent more serious harm.
Court-imposed deadlines are strict and missing them can have severe consequences. For example, failing to file a claim before the statute of limitations expires can permanently bar a client from seeking legal relief. Such mistakes may indicate negligence.
Clients deserve regular updates and explanations about their cases. If your lawyer frequently ignores calls or emails, or fails to explain legal strategies, this can be a sign of malpractice.
Mistakes in contracts, pleadings, or filings—such as incorrect information or missing signatures—can undermine your legal position. Repeated or serious errors may indicate professional negligence.
An attorney should be thoroughly prepared for hearings, negotiations, and trials. Signs of poor preparation include unfamiliarity with case details, lack of supporting evidence, and failure to anticipate opposing arguments.
A lawyer must avoid representing clients with conflicting interests. If an attorney prioritizes their own gain or the interests of another client over yours, this may constitute malpractice.
While billing disputes alone do not constitute malpractice, excessive, vague, or unjustified charges can signal unethical conduct.
To successfully pursue a legal malpractice claim, certain elements must be proven. While specifics may vary by jurisdiction, the core elements include:
A legal malpractice claim begins with proof of an established attorney-client relationship. This relationship can be formal (via written contract) or implied by the attorney’s actions. Without it, the attorney does not owe professional duties.
Clients must demonstrate that the attorney breached their professional obligations. This could involve negligence, incompetence, or unethical behavior that deviates from standard legal practice.
A crucial element is proving that the attorney’s breach directly caused harm. Colorado law requires showing that the client would have achieved a more favorable outcome if the attorney had acted competently.
Finally, clients must demonstrate measurable harm. Damages may include:
Without proof of harm, a malpractice claim cannot succeed.
Legal malpractice lawsuits are complex and often require expert testimony. Other attorneys may be called upon to explain standard legal practices and how the defendant attorney deviated from them.
Defendants may argue:
Because of these challenges, experienced legal guidance is essential when pursuing a malpractice claim.
While clients cannot control every aspect of legal representation, they can take proactive steps to reduce risk:
Research potential attorneys carefully. Verify experience, credentials, and client reviews. Make sure the lawyer has relevant experience for your specific case type.
From the start, clarify the scope of representation, communication methods, and fees. Written agreements help prevent misunderstandings.
Ask questions, review documents, and monitor the progress of your case. An engaged client can identify potential issues early.
Keep copies of all correspondence, contracts, invoices, and court filings. These documents are valuable evidence if concerns arise.
When possible, explore mediation or arbitration to resolve disputes efficiently and avoid protracted legal battles.
If you believe you have been harmed by an attorney’s negligence or misconduct:
A knowledgeable attorney can provide critical support in pursuing a malpractice claim. Their services typically include:
In many cases, settlements can be reached outside the courtroom, providing timely compensation and avoiding additional stress. When litigation is required, an experienced attorney ensures that your rights are protected throughout the legal process.
Legal malpractice can cause severe financial, emotional, and professional harm. Understanding your rights and knowing how to respond is critical. Clients in Colorado benefit from working with legal professionals who specialize in malpractice claims and understand the complexities of the law.
By remaining informed, selecting attorneys carefully, monitoring their work, and seeking professional advice when concerns arise, clients can reduce their exposure to malpractice and safeguard their interests.
At ColoradoMalpracticeLaw, we understand the unique challenges that arise from legal malpractice cases in Colorado. Our team is committed to:
We have experience handling a wide range of malpractice claims, including:
With professional and compassionate guidance, clients can navigate these complex situations with confidence.
Taking Action: Your First Steps
If you suspect that you have been a victim of legal malpractice, taking action promptly is essential. Initial steps include:
Being proactive allows you to protect your rights and pursue the compensation you deserve.
Legal malpractice is a serious issue that can affect anyone who relies on legal representation. While mistakes can happen in the legal system, attorneys have a professional responsibility to act competently, ethically, and in the best interests of their clients. When these responsibilities are breached, clients are entitled to take action.
In Colorado, understanding the warning signs, knowing the elements of a claim, and seeking prompt legal advice are key steps to protecting yourself. By working with experienced malpractice attorneys, clients can pursue justice, recover damages, and prevent further harm.
At ColoradoMalpracticeLaw, we are dedicated to helping clients understand their rights and navigate the legal system. If you believe you have been affected by legal malpractice, do not wait—contact us today for a consultation. Knowledge is the first step toward safeguarding your legal future.
Hiring a lawyer means putting immense trust in someone to protect your rights, advocate for your interests, and guide you through the often-complex legal system. You expect them to fight for you, advance your case, and, at the very least, meet critical deadlines. Unfortunately, sometimes lawyers fail in this most basic responsibility. A missed deadline might seem minor, but in law, it can be devastating. It could mean your case is dismissed outright or that judgments are entered against you without a chance to respond.
If you find yourself in this situation, you may wonder: Can I sue my lawyer for missing a deadline? The short answer is sometimes, yes. But not every missed deadline constitutes legal malpractice. Understanding when a lawyer’s mistake rises to that level is crucial—and taking immediate action can protect your rights.
In this article, we’ll explain why deadlines matter, when missing them could be malpractice in Colorado, and the five steps you should take to safeguard yourself if your lawyer drops the ball.
In the legal system, deadlines are not optional. They are strict requirements imposed by courts and statutes to ensure fairness and efficiency. A missed deadline can have serious, irreversible consequences. Even a single oversight can completely undermine a case, cost you money, or strip you of legal rights.
Some common situations where missed deadlines create serious problems include:
Every legal claim has a statute of limitations—the window of time you have to file a lawsuit. If your lawyer misses this deadline, you could lose the right to pursue your claim entirely. In Colorado, statutes of limitations vary depending on the type of case, and missing them can be catastrophic.
During discovery, the opposing party can send requests for admission—statements or facts they ask you to confirm or deny. If your lawyer fails to respond in time, the court may automatically deem those statements true, which can severely damage your case.
After an unfavorable judgment, the time to file an appeal is limited. Missing this deadline can permanently eliminate your chance to challenge the decision, even if you had strong grounds to reverse it.
Courts require timely responses to motions filed by the opposing side. For example, if your lawyer fails to respond to a summary judgment motion, the court may rule entirely in the other party’s favor without considering your arguments.
Depending on your legal matter, many deadlines may apply. For instance, a tax attorney missing a filing date, or an intellectual property attorney failing to submit a copyright or trademark application, can create significant financial and legal consequences.
Because deadlines are central to legal proceedings, failing to meet them is the number one cause of legal malpractice claims. Missing deadlines may seem small, but the impact is often enormous.
Not every missed deadline counts as legal malpractice. Missing a minor procedural deadline may not affect your case, and courts sometimes allow extensions. The critical factor is whether the missed deadline caused real, measurable harm.
In Colorado, to prove legal malpractice based on a missed deadline, you generally need to establish four key elements:
For example, if your attorney misses the statute of limitations on a personal injury case, you lose the right to pursue compensation. This is a clear example of malpractice because the error caused irreparable harm, and a competent lawyer could have ensured the deadline was met. Legal malpractice attorneys can step in to demonstrate that, had your lawyer acted correctly, your case would have likely resulted in a favorable outcome.
If you suspect your lawyer has missed an important deadline, it’s critical to act quickly. The following steps can help protect your legal rights:
Start by communicating with your attorney to clarify which deadline was missed. Was it a statute of limitations, a court filing, or another procedural requirement? Ask for documentation, such as court records, correspondence, or case updates. If your lawyer has a plan to correct the issue without harming your case, that may resolve the matter. If they are vague, evasive, or dismissive, that’s a red flag.
Consult another attorney—ideally one experienced in legal malpractice in Colorado. A fresh perspective will help you understand whether your rights were compromised and whether immediate action is necessary. If your case has been harmed, you may need a new lawyer to step in and take corrective action.
Collect all relevant emails, contracts, court filings, and communications with your lawyer. This documentation is crucial if you later pursue a malpractice claim or need a new attorney to request an extension or remedial action from the court.
If the missed deadline caused tangible harm, you may be entitled to compensation. A legal malpractice lawsuit can recover the value of the claim you lost and other damages resulting from your lawyer’s negligence. A skilled malpractice attorney will demonstrate that your original case could have succeeded if handled competently.
Even if you don’t pursue a malpractice lawsuit, filing a complaint with the Colorado Bar Association holds the attorney accountable. While it won’t recover your financial losses, it may result in disciplinary action and help protect future clients from similar negligence.
The goal of a legal malpractice claim is to place you in the position you would have been in if your attorney had acted competently. In Colorado, you may recover:
Time is critical in legal malpractice cases. Colorado law imposes statutes of limitations that generally require you to file a claim within two years of discovering the malpractice, with a maximum four-year limit from the act itself. Acting promptly ensures you preserve evidence, maintain deadlines for your malpractice claim, and protect your legal rights.
When a lawyer misses an important deadline, it can have serious consequences. Navigating the legal system to hold that lawyer accountable is complex and requires specialized expertise. Here’s how a skilled Colorado legal malpractice attorney can guide you through the process:
The first step is a thorough review of your situation. Your attorney will:
This is critical because not every missed deadline qualifies as malpractice. The attorney must assess whether the error caused a real, measurable loss and if the case could have reasonably succeeded if handled properly.
Proving legal malpractice is not as simple as showing a mistake occurred. You must demonstrate that the lawyer’s error caused you tangible harm. Your attorney will:
A well-documented case strengthens your claim and can be pivotal if the matter goes to court or is settled out of court.
Once the harm and evidence are established, your attorney will explain your legal options. This may include:
Malpractice claims are highly technical, often requiring precise procedural knowledge. Your attorney ensures that filings meet Colorado’s rules, statutes of limitations, and other court requirements, preventing further mistakes that could compromise your rights.
A malpractice attorney works to restore what you lost due to your lawyer’s negligence. This may include:
Their goal is to put you in the position you would have been in if your lawyer had handled your case competently.
Legal malpractice cases are complicated. They require:
Without an experienced malpractice attorney, pursuing your claim can be overwhelming and risky. A qualified lawyer navigates these complexities on your behalf, fighting to recover the compensation and justice you deserve while keeping the process as clear and stress-free as possible.
At coloradomalpracticelaw, we understand how devastating it can feel when a lawyer’s mistake jeopardizes your case. Our team has decades of experience handling legal malpractice claims in Colorado, and we are committed to helping clients hold negligent attorneys accountable.
If your lawyer missed a critical deadline, we can:
Don’t wait until it’s too late. Protect your rights and seek guidance from an experienced Colorado legal malpractice attorney.
Contact coloradomalpracticelaw today for a free consultation and find out how we can help you recover from an attorney’s negligence.
It’s a situation nobody wants to face: after months—or even years—of legal proceedings, the result isn’t what you hoped for. You might feel frustrated, disappointed, or even angry. In moments like these, one question often comes to mind: “Did my lawyer make a mistake, or did things just not go my way?”
Understanding the difference between a bad legal outcome and legal malpractice is critical. Not every disappointing result means your attorney failed you. But if your lawyer’s mistake caused you to lose money, property, or a chance for justice, it’s essential to know your options—and in some cases, pursue compensation.
This article will help you understand the difference, show you examples of legal malpractice, and explain when you might want to seek a second opinion from a legal malpractice attorney.
A bad outcome is simply a result that didn’t go the way you hoped. Maybe you lost a case, had to settle for less than you expected, or walked away feeling like justice wasn’t served. While these situations are frustrating and sometimes devastating, a bad outcome is not always malpractice.
Even the most skilled attorneys cannot guarantee a win. Litigation is unpredictable, and there are many factors outside your lawyer’s control. For example:
A competent lawyer can prepare thoroughly, advocate effectively, and guide you through the legal process. However, sometimes, despite their best efforts, the outcome is not in your favor. Losing a case in such circumstances doesn’t mean your lawyer was negligent; it may simply reflect the unpredictability of the legal system.
Legal malpractice is very different from a disappointing result. It happens when an attorney fails to meet the professional standard of care expected of lawyers, and that failure directly causes harm to the client. In other words, malpractice occurs when your lawyer makes a mistake that could have been avoided, and it results in financial loss, property damage, or the loss of a legal right.
While losing a case can happen to anyone, attorney errors or negligence should not. Legal malpractice is about preventable mistakes that directly impact the outcome of your case.
Legal malpractice can take many forms. Here are some of the most frequent examples:
The consequences of legal malpractice can be severe and long-lasting. Unlike a bad outcome, which might simply be disappointing, malpractice is preventable. The results can include:
Because legal malpractice often results in permanent or irreparable harm, it’s crucial to understand whether your attorney’s actions—or inactions—contributed to the loss.
Even when malpractice occurs, it is not always practical or beneficial to pursue a legal claim. To bring a malpractice lawsuit, you typically need to show:
Some mistakes are actionable in theory but result in minimal financial loss, making a lawsuit impractical. Others may seem egregious but exist in a legal gray area. Consulting with a skilled malpractice attorney can help you determine whether your situation is worth pursuing.
If you suspect your lawyer may have made a mistake, getting a second opinion is often the smartest step. Consider asking yourself:
If the answer is yes—and if the mistake had serious consequences—it may be time to speak with a legal malpractice attorney. A second opinion can provide clarity and help you understand whether you have grounds to take action.
To better understand the difference between a bad outcome and legal malpractice, consider these examples:
Scenario 1: A Bad Outcome
Jane hires a personal injury attorney after a car accident. Despite strong evidence supporting her case, the jury awards only partial compensation. Jane feels disappointed, but her lawyer prepared thoroughly, filed all documents on time, and advocated for her aggressively. This is a bad outcome, not malpractice, because the result reflects the unpredictability of the jury and the courtroom, not an attorney error.
Scenario 2: Legal Malpractice
John hires a lawyer for a real estate dispute. His attorney misses the statute of limitations for filing a claim. As a result, John permanently loses the right to recover his property. This is legal malpractice, because the lawyer’s failure directly caused irreparable harm that could have been avoided with proper diligence.
If you suspect malpractice, here are practical steps to take:
At coloradomalpracticelaw, we focus on helping clients hold lawyers accountable. Whether your case involves personal injury, business disputes, probate, or immigration, we can help you explore your options and pursue justice.
Our experience in personal injury litigation gives us a unique perspective on the effects of negligence. We understand how devastating mistakes can be, whether caused by another party or by your own attorney.
While not every mistake is malpractice, and not every malpractice case is worth pursuing, seeking a second opinion is always wise. Our team can review your situation, explain your rights, and guide you toward the best course of action.
It’s natural to feel frustrated or upset after a legal case doesn’t go your way. But losing a case doesn’t automatically mean your attorney made a mistake. Bad outcomes happen for many reasons, including judicial discretion, jury decisions, or stronger opposing parties.
Legal malpractice, however, is different. It occurs when a lawyer’s preventable error or negligence directly causes you harm, whether that harm is financial, property-related, or personal. Common examples include missed deadlines, conflicts of interest, misapplied law, and negligent communication.
If you suspect your lawyer made an avoidable mistake, getting a second opinion is critical. A legal malpractice attorney can help you understand your options and determine whether your situation warrants action.
At coloradomalpracticelaw, we are committed to helping clients understand their rights, pursue justice, and hold negligent lawyers accountable. Don’t let preventable mistakes go unanswered—reach out today to explore your options and take the first step toward resolution.
It might sound like something out of a legal drama, but yes, lawyers do sue other lawyers. In fact, legal malpractice cases are one of the only times an attorney becomes the defendant in a civil lawsuit brought by someone who fully understands how the legal system works. While these cases are rare compared to other types of litigation, they play a critical role in holding legal professionals accountable and protecting the integrity of the legal profession.
At Cimino Law Office, legal malpractice isn’t just one of our practice areas; it’s our focus. We represent clients who were harmed by attorneys they trusted. Sometimes, those clients are individuals who feel powerless. Other times, they are lawyers themselves who were wronged by a colleague or opposing counsel. And occasionally, we are the ones doing what most lawyers hesitate to do: suing another member of the bar for professional negligence.
Legal malpractice cases are unlike most other civil lawsuits. For one, the defendant is almost always a trained professional with a license, insurance, and a deep understanding of the legal system. That creates a very different dynamic than, say, a personal injury or contract dispute case. The lawyer being sued knows the process, knows the risks, and often has a malpractice insurer ready to defend them aggressively.
But what really makes these cases unique is the requirement to prove not just negligence, but also that the original legal matter would have had a better outcome if handled correctly. This is known as proving the "case within a case." To succeed in a malpractice claim, the plaintiff must show:
When lawyers sue other lawyers, they are often equipped to make this showing more clearly and convincingly than the average plaintiff. But that doesn’t mean the case is easy. Malpractice claims still require strong evidence, expert testimony, and the ability to anticipate and counter sophisticated defenses.
There are several scenarios where an attorney may become the plaintiff in a legal malpractice case. For example:
Attorneys are just as vulnerable to bad legal representation as anyone else. And because they understand the damage that legal negligence can cause, reputationally, financially, or professionally, they are sometimes the most motivated clients when it comes to pursuing justice.
However, most lawyers are reluctant to file suit against a colleague unless the misconduct is severe. Legal malpractice lawsuits often involve reputational risks, scrutiny from the state bar, and long, complex discovery battles. That’s why attorneys who do decide to file often turn to law firms like Cimino Law Office, who understand how to pursue these claims strategically and effectively.
Whether brought by a lawyer or a non-lawyer, a malpractice case typically begins with a detailed evaluation of the original legal matter. Our team investigates the attorney’s conduct, collects relevant documents and communications, and consults with legal experts to assess whether the standard of care was breached.
From there, we build a comprehensive case that includes:
Malpractice insurers usually defend these claims aggressively, especially if the damages are significant. They may argue that the client’s case would have failed anyway or that any errors were minor and didn’t affect the outcome. Our legal malpractice attorneys are experienced in overcoming these arguments with fact-driven advocacy and a deep understanding of professional standards.
Every licensed attorney in Colorado is held to a professional standard, both by law and by the ethical rules enforced by the Colorado Office of Attorney Regulation Counsel. But discipline by the state bar and civil liability for malpractice are two different things.
A lawyer can violate ethical rules without committing malpractice, and vice versa. In some cases, misconduct is so serious that both avenues are pursued: a malpractice lawsuit in civil court and a disciplinary complaint with the bar. When Cimino Law Office represents a client in a malpractice case, we consider whether regulatory reporting is also appropriate, especially if other clients may be at risk.
Ultimately, legal malpractice litigation helps preserve trust in the legal system. It reminds lawyers that their duties to clients are not just professional ideals; they are legal obligations with real consequences when violated.
At Cimino Law Office, we’ve built our practice on the belief that accountability applies to everyone, including attorneys. We know how to evaluate complex case histories, work with expert witnesses, and present compelling malpractice claims that are grounded in evidence, not just emotion. Whether your case involves a missed deadline, negligent advice, or a catastrophic mishandling of litigation, we bring the skill and determination required to challenge a fellow attorney in court.
And if you’re an attorney who was harmed by another lawyer’s negligence, you’re not alone. We represent lawyers and non-lawyers alike, and we treat every client’s case with the focus and respect it deserves.
Contact us today to discuss your situation with a legal malpractice attorney in Denver. If you’ve been let down by someone who was supposed to protect your interests, we’re here to protect yours.
When you hire an attorney, you expect their loyalty and attention to be focused entirely on your case. A conflict of interest occurs when a lawyer’s obligations to you clash with obligations to another client, a former client, or even with their own personal interests. This clash can weaken the representation you receive and, in some cases, form the basis of a legal malpractice claim.
In Colorado, attorneys are required to avoid situations that compromise their ability to provide independent and loyal advice. If a lawyer knows or should know that divided interests exist, they must either decline the case or obtain informed consent from the client. When this does not happen and the client suffers financial or legal harm as a result, the situation may rise to the level of malpractice.
It is not always easy to spot these problems on your own. Many conflicts are subtle, and clients may only discover them after a case has been resolved. That is why understanding what counts as a conflict of interest is essential if you suspect your attorney’s divided loyalties harmed your outcome.
Conflicts of interest appear in many ways. Some are obvious, while others are hidden until key moments in a case. Below are some common situations that can create divided loyalties.
Each of these situations can cause serious harm if not disclosed and addressed properly. For example, if your lawyer represents both you and another party in negotiations, you may end up with a settlement that favors the other client. If your lawyer’s financial stake in a business influences how they advise you, your case may be compromised without you realizing it.
Conflicts do not always involve outright dishonesty. Sometimes, lawyers simply fail to recognize how their responsibilities to different parties overlap. Still, when those divided interests affect your case, the impact is real and it may entitle you to bring a malpractice claim.
Not every conflict automatically amounts to malpractice. To pursue a claim, you must show four elements: duty, breach, causation, and damages. In this context, the lawyer owed you a duty of loyalty, breached that duty by acting under a conflict, caused harm through that breach, and left you with measurable losses.
Consider a lawyer who drafts partnership agreements for two business partners. Later, a dispute arises between the partners. The lawyer continues to advise both sides but steers a resolution that protects one partner’s outside business, where the lawyer also holds a financial interest. If the other partner receives less favorable terms as a result, that conflict could form the basis of a malpractice lawsuit.
Another example involves a lawyer who once defended a corporation and learned its sensitive pricing strategies. Years later, the same lawyer sues that corporation on behalf of a competitor in a related case. Using or relying on confidential knowledge from the earlier matter undermines fairness and breaches the duty to the former client. If this conflict harms the new client’s case as well, malpractice may be established.
Courts take conflicts seriously because they strike at the core of the attorney-client relationship: trust. When that trust is compromised, clients not only suffer losses but also lose faith in the fairness of the legal system itself.
If you believe your lawyer’s divided loyalties affected your case, start gathering information. Look for engagement agreements, billing records, and any communications that reference disclosures about potential conflicts. Make a timeline of decisions in your case, including settlement discussions, missed filings, or unexpected strategy shifts. These details can provide important context when another attorney evaluates your claim.
Next, seek out a law firm with experience in handling legal malpractice cases. Independent counsel can assess whether the conflict was consentable, whether proper disclosure was made, and whether you suffered damages as a direct result. Having an experienced team review your situation is often the only way to uncover issues that may have been hidden during your original case.
At Cimino Law Office in Denver, we know how damaging conflicts of interest can be. If your lawyer placed other priorities ahead of your rights, you deserve accountability and the chance to recover what you lost. We carefully review case records, consult experts when necessary, and build strong claims designed to protect your interests. If you have concerns about a past case, we are ready to listen and help. To get started, please contact us today.
Attorneys are hired to provide reliable, informed guidance during some of life’s most critical moments, from business disputes and injury claims to criminal defense and civil litigation. But what happens if the advice your lawyer gives you turns out to be wrong? Does poor legal guidance always qualify as malpractice, or is there a legal standard that must be met first?
If you're dealing with the consequences of an attorney’s bad advice, it's understandable to feel frustrated or even betrayed. However, not every mistake or poor strategy rises to the level of legal malpractice. To determine whether you have a valid claim, it’s important to understand what legal malpractice really is and how courts evaluate these cases.
Legal malpractice occurs when an attorney breaches their duty of care to a client, resulting in harm. In Colorado, and most other jurisdictions, four basic elements must be proven in a legal malpractice claim:
Giving incorrect legal advice could meet this standard, but only if it’s shown to be more than just a strategic error or difference in opinion. The advice must fall below the acceptable standard of care in the legal profession, and it must have directly caused harm.
Lawyers often deal with complex legal questions where there is no clear right or wrong answer. Just because your attorney’s advice didn’t produce the result you were hoping for doesn’t necessarily mean malpractice occurred.
To cross the line into malpractice, the advice must reflect a clear failure to understand or apply the law, such as:
For example, if your lawyer told you that your lawsuit didn’t need to be filed by a specific deadline and it was later dismissed for being untimely, that may constitute malpractice. On the other hand, if your lawyer made a strategic recommendation that simply didn’t pan out, that’s likely not actionable, even if you suffered a loss.
If you believe your attorney’s advice may have crossed the line, legal malpractice attorneys can assess your case and determine whether you have grounds for a claim.
Courts reviewing legal malpractice claims don’t look at a lawyer’s performance in hindsight or based solely on the outcome. Instead, they ask whether a competent attorney, under similar circumstances, would have provided the same advice. This is often referred to as the "standard of care."
To establish a breach of this standard, expert testimony is usually required. That means another attorney, typically practicing in the same field, will need to testify that your original lawyer’s conduct fell below the accepted professional norms.
In cases involving complex areas of law, like tax, corporate law, or civil litigation, this analysis can be especially nuanced. The courts understand that legal decisions often involve judgment calls, and even reasonable attorneys may disagree on the best approach. That’s why bad advice alone is not enough; you must show that it was objectively unreasonable under the circumstances.
Even if your attorney’s advice was clearly negligent, you still must prove that it caused actual harm. This is often the most difficult part of a malpractice claim. You’ll need to demonstrate that, if not for the attorney’s bad advice, the outcome would have been materially better.
This requirement is known as the "case within a case" standard. Essentially, you must prove two things: that the attorney was negligent and that the original case would have been successful had it been handled correctly. If you can’t prove both, your claim is unlikely to succeed.
For example, if your attorney advised you to reject a reasonable settlement offer and your case later lost at trial, you would need to show that the advice to reject the settlement was professionally unreasonable and that the offer was in fact better than what you ultimately received.
If you believe that bad advice from your attorney has caused you serious harm, it’s important to act quickly. Legal malpractice claims are subject to strict deadlines. In Colorado, you typically have two years from the date you discovered, or reasonably should have discovered, the malpractice to file a claim.
Before filing a lawsuit, consider gathering as much documentation as possible, including emails, contracts, court filings, and any communications that reflect the advice you were given. This evidence will be critical in evaluating whether the attorney’s conduct meets the standard for malpractice.
It’s also a good idea to speak with a law firm that focuses exclusively on legal malpractice claims. These cases are different from other civil litigation matters and require a deep understanding of the legal profession itself. Cimino Law Office in Denver focuses on holding attorneys accountable when they breach their duties to clients.
Contact us today if you believe your lawyer’s bad advice may have cost you your case or caused significant financial harm. We’re here to help you understand your options and hold negligent attorneys responsible.
When you hire a lawyer, you expect them to act in your best interest and include you in every major decision about your case, especially when it comes to settling. A settlement can end your legal dispute permanently and have major financial or legal consequences. That’s why no attorney has the right to agree to a settlement without your full knowledge and explicit permission.
If your lawyer settled your case without your consent, you may feel betrayed, confused, and powerless. But you’re not without options. In many cases, an unauthorized settlement could be grounds for a legal malpractice lawsuit. At Cimino Law Office, we help clients throughout Colorado take action when their lawyers act unethically or irresponsibly.
According to the Colorado Rules of Professional Conduct and the ethical standards adopted nationwide, the decision to settle a case belongs to the client, not the attorney. Rule 1.2(a) states that a lawyer must abide by a client’s decision to settle and cannot take that step without informed consent.
This means your attorney is legally and ethically required to:
Settling without your permission is a serious breach of trust and potentially a breach of duty. If this happened to you, your legal rights may have been compromised without your knowledge or approval.
Legal malpractice occurs when an attorney violates the standard of care expected in the profession, and that violation causes measurable harm to the client. If your attorney settled your case without authorization and you suffered a financial loss or gave up legal rights as a result, that conduct may meet the criteria for malpractice.
Here are some examples of how unauthorized settlements can cause serious damage:
If any of these outcomes occurred and your lawyer did not consult you before finalizing the deal, it’s worth having your case reviewed by an attorney who focuses on legal malpractice.
To succeed in a legal malpractice claim based on unauthorized settlement, you must establish four key elements:
Proving these elements usually requires documentation, such as communications between you and your lawyer, copies of the settlement agreement, and expert testimony from other attorneys who can confirm the breach of professional standards.
In some cases, courts may void a settlement that was agreed to without the client’s permission, but this depends on how far the process has gone. If the other side relied on the agreement and the settlement has already been enforced, it may be too late to undo the damage. That’s why it’s critical to speak with a legal malpractice attorney as soon as you discover what happened.
Even if the settlement can’t be undone, you may still have the right to pursue a malpractice claim against your former attorney for the losses their actions caused.
If you believe your lawyer settled your case without your permission, take the following steps immediately:
At Cimino Law Office, we offer a confidential consultation to help you determine whether your case qualifies as malpractice and what compensation you may be entitled to pursue.
When you hire a lawyer, you're trusting them to represent you, not to make life-altering decisions behind your back. If your attorney settled your case without your permission, they violated your trust and your legal rights. That’s not just unethical; it may be grounds for legal action.
Contact Cimino Law Office today to discuss your situation. We’re here to help you hold negligent attorneys accountable and pursue the compensation you deserve.
