When you hire an attorney, you trust that person to protect your interests, meet every deadline, and give you honest advice. When a lawyer fails to do that job and you lose a case, a settlement, or a business opportunity as a result, the sense of betrayal can be as painful as the financial loss.
Cimino Law Office, LLC has built its practice around holding attorneys accountable when they fall short. As a legal malpractice lawyer in Denver, CO, John Cimino has spent nearly four decades practicing law and understands both the standards attorneys are expected to meet and the real harm that follows when they do not.
Legal malpractice occurs when an attorney fails to provide the level of care, skill, and diligence that a reasonably competent lawyer would provide, and that failure causes harm to the client. Losing a case does not automatically mean your lawyer made a mistake. The question is whether the attorney's conduct fell below the accepted standard of care and whether the outcome would have been different without that error.
Some of the situations we see most often include missing a statute of limitations or court deadline; failing to file motions, appeals, or other critical documents; settling a case without the client's consent; failing to disclose a conflict of interest; mishandling or misusing client funds held in trust; giving inaccurate legal advice; and failing to investigate a case or gather important evidence.
Attorney negligence cases are different from most other claims because they require proof about two cases at once. As an attorney negligence lawyer, our firm must show what your former attorney did wrong and also what should have happened in the original matter if it had been handled properly. Colorado courts often call this proving the case within a case.
These claims can arise from almost any area of law, including personal injury, real estate, business transactions, estate planning, family law, and criminal defense.
A Colorado legal malpractice claim generally requires an attorney and client relationship, a breach of the duty of care, a direct link between that breach and your losses, and measurable damages. Expert testimony is usually needed to explain how a careful lawyer would have handled your matter, and Colorado requires a Certificate of Review in most professional negligence cases against attorneys. Damages may include a lost judgment or settlement, extra legal fees, and other losses that flowed from the error.
Timing matters. Legal malpractice claims in Colorado are generally subject to a two-year deadline that begins when the malpractice is discovered, or reasonably should have been discovered. Waiting too long can forfeit your right to recover, so it is important to act promptly.
Our process begins with listening. We review the documents from your prior legal matter, including contracts, court filings, emails, and billing statements. We then compare your former attorney's actions to accepted legal standards and assess whether the outcome would likely have been different without the mistake. This careful review helps ensure that strong claims move forward and that you receive a realistic, honest assessment.
Bring any engagement letter or fee agreement, correspondence with your former attorney, court documents, settlement papers, and invoices. The more information you share, the clearer the picture we can give you of your options.
You trusted a lawyer once and were let down. We understand why it may be hard to trust another, and we will earn that trust through clear communication and steady advocacy. If you are looking for a malpractice attorney in Denver or anywhere in Colorado, call (720) 434-0434 to schedule a free consultation with Cimino Law Office, LLC.
Cimino Law Office, LLC holds attorneys accountable when missed deadlines, unauthorized settlements, conflicts of interest, misused client funds, or poor advice cost a client a case or a fair recovery. Each claim requires proving the case within a case: what the former attorney did wrong and what the original matter should have produced if handled properly.
Can I sue my lawyer for losing my case?
Losing a case does not by itself mean your lawyer committed malpractice. You may have a claim if your attorney fell below the standard of care and you can show the original case likely would have turned out better without that mistake.
What does case within a case mean?
It means you must prove the original matter as if it were tried again, showing what should have happened if your attorney had handled it competently. In transactional matters, you must show you would have obtained a better deal or avoided the deal altogether.
How long do I have to file a legal malpractice claim in Colorado?
Legal malpractice claims in Colorado are generally subject to a two-year deadline that begins when the malpractice is discovered, or reasonably should have been discovered. Waiting too long can forfeit your right to recover.
Do I need an expert witness for a legal malpractice claim?
Most Colorado legal malpractice cases require expert testimony to explain how a reasonably careful lawyer would have acted. Colorado also requires a Certificate of Review in most professional negligence cases against attorneys, though narrow exceptions exist for obvious errors.
Can I sue my former lawyer if I signed a contract with them?
Yes. Signing a fee agreement or engagement contract does not protect an attorney from being held accountable for negligence that caused you harm.
