Legal
Malpractice

We firmly believe that every client deserves to receive exceptional legal support from their attorney.

Denver Legal Malpractice Attorney

When you are facing legal troubles of any kind, it is highly important to find an attorney that you can trust. Lawyers are expected to maintain the highest level of professionalism and ethical conduct, while always keeping the client’s best interest at heart. However, attorneys often fail to provide the standard level of service required by law. When this happens, it can have serious consequences and lasting effects for the client, often resulting in financial loss, emotional distress, and more.

At Cimino Law Office, we firmly believe that every client deserves to receive exceptional legal support from their attorney and should have their rights and interests protected at all times. Our firm has decades of experience representing clients in legal malpractice matters and are well prepared to offer our services to clients all over the Denver area. John Cimino has nearly 40 years of experience providing compassionate and distinguished legal support and is truly committed to making a difference in his client’s lives. Call the Cimino Law Office today to schedule a consultation and see how we can help make a difference in your case.

Denver Legal Malpractice Attorney

Legal malpractice is a term used to describe an attorney’s failure to provide a standard level of care that results in loss or harm to their client. There are a number of different reasons an attorney may be accused of legal malpractice. Some of the most common reasons for a legal malpractice claim in Denver include negligence, a breach of fiduciary duty, or unethical conduct.

Negligence: Negligence occurs when an attorney fails to provide a standard level of care that otherwise would have been exercised by a competent professional. Attorneys are expected to be familiar with and apply the proper legal standards when working with clients, drafting professional documents, or going to court. An attorney who is not familiar with the applicable law or fails to conduct the appropriate research for their case may be found guilty of legal malpractice. This may also occur if an attorney gives inaccurate advice or misses out on potential compensation for their client. Legal malpractice can have lengthy and devastating outcomes for the victims and could cause them long-lasting harm.

Regardless of the case, the legal process is often governed by strict deadlines. This includes filing deadlines, response deadlines, and statutes of limitations. Failure to meet these deadlines can be costly. If an attorney is unable to meet a deadline to file a lawsuit, the client may even be prohibited from pursuing the claim altogether.

Aside from preparing and filing the proper documentation, it is also extremely important that all information within is accurate and well drafted. Mistakes in legal documents often lead to serious issues for the clients and can lead to costly disputes.

If you believe that your attorney has acted negligently or handled your case poorly, we strongly urge you to contact our firm today. The Cimino Law Office has the expertise and compassion to ensure that all deadlines are met, all documentation is accurate, and your rights are protected. Come see why we have been trusted to provide excellent legal representation for clients in the Denver area for almost 40 years.

Breach of Fiduciary Duty: A fiduciary duty is a responsibility placed on a lawyer to act in the best interest of their clients. It is both an ethical and a legal obligation for attorneys to provide loyal, confidential, and unbiased legal support to their clients by avoiding any existing or potential conflicts of interest. A breach of this fiduciary duty shows that an attorney places their own interests over those of their client, which may result in serious repercussions for the attorney.

It is imperative for lawyers to avoid any cases or situations where there is a conflict of interest. A conflict of interest generally arises when either the attorney’s interests, or the interests of another one of the attorney’s clients, conflict with those of the client that they are actively representing. Conflicts of interest can often lead an attorney to favor one party over another. When a client becomes disadvantaged because of their attorney’s unfair treatment, it can result in serious harm and qualify as legal malpractice.

Another form of breach of fiduciary duty is misusing the client’s funds. The client’s funds are often held in trust accounts by the attorneys, who have a legal and ethical obligation to manage it. Any misuse, misappropriation, or commingling of these funds for the attorney’s personal use is a serious breach of fiduciary duty. A lawyer who causes any kind of financial hardship to a client for their own personal gain is subject to a legal malpractice suit.

A breach of fiduciary duty is a serious breach of trust that can cause severe damage to the client and cause them to lose all trust in an attorney. It is important to have an experienced attorney who you can trust to handle your case, effectively manage your funds, and protect your best interests. The Cimino Law Office is proud to serve the greater Denver area and provide trustworthy and outstanding legal services for those who have been wronged by their attorneys.

Unethical Behavior: Attorneys have an ethical obligation to always keep the client’s best interests in mind throughout the legal process. Violating this obligation can cause a client to lose complete faith in their attorney and can also have serious implications for the client’s case.

Examples of unethical behavior in legal practice include actions like settling a case without consent from the client or failing to communicate vital information about the case. If an attorney settles for an amount below what the client was seeking, the client could miss out on claiming fair compensation for their case. Similarly, if an attorney does not continually keep their client updated about the case or communicate important information, it could have a negative impact on the outcome of the case and damage the relationship.

It is expected that attorneys act with the utmost respect and professionalism when taking a case. Unethical behavior can cause harm to the client, alter the case, and damage attorney-client relationships. The Cimino Law Office is dedicated to seeking justice for those who have been harmed by the unethical behavior of another attorney. We have been trusted to handle legal malpractice cases throughout the Denver area for decades. We are here to make sure that you receive the compensation you deserve. Call today to schedule a consultation and see how we can help.

Elements of a Legal Malpractice Claim

In order for a Denver legal malpractice claim to be valid, there are four key elements that must be established: duty of care, breach of duty, causation, and damages.

Duty of Care

A duty of care is an attorney’s legal obligation to provide reasonable care and competent legal support for their clients. This means that attorneys are expected to have the legal knowledge and skills to handle any case that they take. Whether an attorney is drafting a document or representing a client in court, they must be knowledgeable in their area of practice and perform their duties professionally and ethically. Attorneys must maintain client confidentiality and communicate effectively with their clients while avoiding any potential conflicts of interest. It is their obligation to act in the best interests of the client and to prioritize their needs and goals above their own.

Breach of Duty

A breach of duty occurs when an attorney fails to provide a standard level of care for their client, resulting in harm or unfavorable outcomes for the client and their case. A breach will occur when an attorney does not effectively or competently perform their duties or acted unprofessionally.

A common example of a breach of duty is an attorney failing to provide accurate legal advice and information. When an attorney gives inaccurate or misleading advice to a client, it can have severe repercussions on the case, including financial loss.

As discussed earlier, the importance of legal deadlines cannot be overstated. Failure to meet strict deadlines can have a negative impact on the client’s case. Missing important deadlines can be particularly damaging because it can prevent the client from being able to pursue a claim altogether and may result in a complete loss of the client’s legal rights.

While attorneys are expected to be highly knowledgeable in their field, all cases require thorough research and preparation. This means that lawyers should do extensive legal research, prepare the appropriate documents for the case, and appear in court. If an attorney is ill-prepared for a case and fails to develop a strong argument or gather important evidence, it may result in an unfavorable outcome, a dismissal, or a loss of settlement, thus qualifying as a breach of contract.

Causation

In order for a legal malpractice claim to be legitimate, it must be proven that the attorney’s breach of duty caused direct harm to the client. There must be a clear correlation between the attorney’s behavior and the outcome of the case. It must be proved that if the attorney acted reasonably and competently, the outcome of the case would have been different. If the attorney’s actions are directly related to the damages suffered by the client, it can qualify as a legitimate legal malpractice claim.

Damages

Aside from the difficult task of having to prove causation in a legal malpractice case, it must also be demonstrated that the client suffered actual harm as a direct result of the attorney’s breach of duty. Damages in a legal malpractice claim can include both financial and non-economic damages, as well as consequential damages.

Financial losses are the most common form of damages incurred in a legal malpractice case. These may include lost settlements, added legal fees, or any additional costs incurred while rectifying the attorney’s mistakes. These damages may be recoverable if they were a direct result of the attorney’s conduct.

Non-economic damages include anxiety, emotional distress, or reputational harm. Legal matters are already high-stress situations, and an attorney’s negligence or breach of duty can cause them to become even more overwhelming and emotionally taxing. Complicated legal cases can take a toll on a client’s mental health, especially in cases involving sensitive matters like divorce or child custody. The emotional impact of a case can have long-lasting effects on a client and even cause emotional trauma greater than any financial loss. These non-economic damages may be recovered if they are linked to the attorney’s breach of duty.

Consequential damages include things like business losses, lost opportunities, increased costs, or emotional and reputational harm. Seeking compensation for financial losses and non-economic damages addresses obvious and immediate harms, though consequential damages ensure that clients are appropriately compensated for the farther-reaching, broader impact of their attorney’s misconduct. Consequential damages include the long-term consequences that arise from the attorney’s mistakes during the legal process. For example, a poorly drafted contract may have an immediate negative impact on a business and result in a financial loss, but the consequential damages of that contract may involve long-lasting business disruptions, further financial losses, and possibly even the dissolution of the business. Consequential damages aim to recognize the non-immediate, longer lasting effects of a legal malpractice claim on the client.

Regardless of what damages you are seeking, it is always helpful to have an experienced and knowledgeable attorney in your corner who knows how to fight for your best interests. The Cimino Law Office has nearly 40 years of experience handling legal malpractice claims and providing outstanding legal support to Denver residents who have been wronged by their attorneys. If you have been on the receiving end of an attorney’s misconduct that resulted in significant damages to you, your family, or your business, do not hesitate to call our team at the Cimino Law Office today and see how we can help take on your case.

Common Types of Legal Malpractice

As mentioned above, there are a number of different forms that legal malpractice can take, including negligence, breaches of duty, and unethical behavior. However, familiarizing yourself with some of the most common forms of legal malpractice can help you recognize any potential warning signs during your case.

Conflicts of Interest

We spoke previously about how attorneys have a legal and ethical obligation to avoid any existing or potential conflicts of interest. A conflict of interest occurs when the needs and goals of a client conflict with those of their attorney, or another one of their attorney’s clients. An attorney may not represent two clients with opposing interests in the same case. Not only is it required for lawyers to avoid any conflicts of interests, but they are also obligated to disclose any potential conflicts to their clients as well. If an attorney fails to notify their clients of a conflict or represents two opposing clients in the same case, it may result in a breach of duty and a legal malpractice claim.

Misappropriation of Funds

As mentioned earlier, client funds are generally held in a trust account by the attorney. Attorneys are trusted to responsibly manage the client’s funds, which are generally reserved as settlement money or retainers. Any misuse of a client’s funds for the attorney’s personal gain is considered a misappropriation of funds and is a serious breach of fiduciary duty. An attorney found guilty of misusing client funds may be subject to a legal malpractice claim and potential criminal charges.

Settling Without Consent

Before settling a case, an attorney must obtain consent from their client. If an attorney were to settle a case without the client’s consent, it could result in significant financial harm, especially in situations where the settlement is lower than the client’s goal or expectation. Clients have the right to be informed about any and all settlement offers and to decide whether to accept or reject based on their own interests. Settling a case without informed consent from the client is an example of an ethical and legal violation that could lead to a legal malpractice suit.

Missing Deadlines or Statutes of Limitations

Legal matters tend to operate on fairly strict timelines. Missing a deadline may seem like a minor problem, though it can have serious implications and may even prohibit a client from taking legal action. One of the most important deadlines is the statute of limitations, which determines the time within which the lawsuit must be filed.

Statutes of limitations vary depending on the type of legal claim. These time limits are designed to ensure that any legal disputes are resolved in a reasonable and timely manner while evidence is still fresh and readily available. Failure to file a lawsuit within the statute of limitations may result in a case dismissal, ultimately prohibiting the client from seeking justice or claiming compensation. Clients who have suffered harm or been disadvantaged due to a missed deadline in Denver are urged to reach out to the Cimino Law Office to determine grounds for a possible legal malpractice claim.

Failure to File

Failing to file important documents like motions, appeals, or other court filings, could negatively affect a client’s case, and possibly even lead to a dismissal. As we just covered, it is absolutely necessary to file the proper documentation correctly and on time. The filing process is a critical, yet often overlooked, aspect of the legal process. Whether filing a lawsuit, or filing an appeal to challenge the court, it is imperative that all the required documentation be filed with all necessary information.

Failure to file the appropriate documentation may force a client to continue incurring legal fees, lose the opportunity to challenge an unfavorable ruling, or result in a dismissal of the client’s case. Failing to file is often a result of the attorney’s negligence and may qualify as legal malpractice because of the attorney’s breach of duty to provide competent legal representation. Clients who have been on the receiving end of a negligent attorney’s actions may be able to seek compensation in a legal malpractice suit and are encouraged to contact our team at the Cimino Law Office today.

Improper Delays

During the legal process, delays are inevitable. However, when unnecessary and improper delays begin to slow down the legal proceedings, it can look unprofessional and have consequences for the client. An example of an improper delay would be an attorney delaying filing a suit, responding to requests slowly, or postponing important hearings without cause. Attorneys may even intentionally delay a case in order to persuade the client to settle and avoid going to court.

Delaying a case can often result in witness testimonies becoming less reliable, evidence becoming less readily available, and the loss of important documents. It often makes it more difficult to build a case the longer it is delayed. Not to mention, the client is often left continually accruing legal fees and court costs. Attorneys have an obligation to act in the client’s best interest, which requires them to act competently and promptly when representing the client. Failure to do so can have drastic consequences for the client and their case, making the attorney subject to a legal malpractice claim. If you have experienced unnecessary delays during your case, we advise you to reach out to the Cimino Law Office today to discuss any potential misconduct or grounds for a legal malpractice claim.

Legal Malpractice Statistics in Colorado

In Denver, legal malpractice claims are on par with national trends, though these cases have been increasing in recent years. Due to the severity of legal malpractice claims, settlements often involve high payouts. The most common practice areas for legal malpractice claims in Colorado are personal injury, trusts and estates, business transactions, and corporate law, with frequent causes including missed deadlines, failure to adequately prepare for a case, and conflicts of interest.

The statute of limitations for a legal malpractice claim in Colorado is generally 2 years from the date that the client discovers the malpractice. However, the state also imposes a four-year statute of repose, which is the absolute limit for filing a claim regardless of when the malpractice was discovered. Attorneys who are found guilty of legal malpractice may face fines, suspensions, or disbarment.

Nationally, it is estimated that between 70-80% of all attorneys will face a legal malpractice claim at some point in their career. Personal injury law has the highest rate of malpractice claims, followed by real estate, family law, trusts and estates, and corporate law. The average payout from a legal malpractice claim is anywhere between $50,000 and $300,000, though insurers have paid claims totaling more than $50 million.

Legal Malpractice in Different Areas of Law

Legal malpractice cases are common in essentially every practice area. However, some areas of law are more prone to these cases than others. Furthermore, different areas of law may experience different warning signs for legal malpractice during the legal process.

For example, personal injury cases often require gathering evidence and negotiating settlements. Common examples of legal malpractice during a personal injury claim would include things like failing to file a lawsuit within the statute of limitations or settling a case without informed consent from the client. Both of these mistakes can either result in substantially reduced compensation for the client or the inability to pursue the claim altogether.

Business cases often involve intricate contracts and complex transactions. There are a number of different areas where a dispute may arise in business law, such as mergers and acquisitions, contract disputes, property rights, and more. One of the most prominent examples of legal malpractice in business law is drafting flawed contracts. A flawed or loosely defined contract can present both immediate harm and consequential damages. Another example of legal malpractice in business law is when an attorney gives inaccurate or misleading legal advice that leads to financial damages for the client.

Family law cases are generally more sensitive and emotionally complicated than others. When dealing with familial issues like divorce, custody, child support, and more, attorneys often need to act compassionately and sympathetically toward their clients, while still being able to provide expert legal advice. In family law, legal malpractice claims often arise when an attorney mishandles child custody arrangements, neglects to enforce court orders, or fails to protect their client’s rights. These mistakes do not just have financial implications for the client; they have an enormous impact on family life and mental health. Clients who have received poor representation during their family law cases may attempt to recover damages for non-economic damages like emotional trauma or anxiety.

Malpractice in a criminal defense case can ultimately have a serious impact on a client’s freedom. Failure to present exculpatory evidence and provide any kind of inaccurate legal advice that results in a guilty plea may qualify as legal malpractice. Errors like these are not only unprofessional and costly, but they can have life-altering consequences for the client. These mistakes may result in wrongful convictions, excessive sentencing, or the loss of appeal rights. Legal malpractice in criminal defense cases is a serious matter that typically carries more weight than in other areas of law.

Regardless of the practice area, everybody deserves to have access to a professional, qualified attorney who you can trust to protect your rights and look after your best interests. If you have received subpar legal representation from an attorney and are seeking justice, we strongly encourage you to reach out to our team at the Cimino Law Office. We have the experience and dedication to make sure your past attorneys are held liable for any damage that they may have caused you, whether financial, emotional, or consequential. Contact the Cimino Law Office today to schedule a consultation and see how we can make a difference in your case.

Alternatives to a Legal Malpractice Lawsuit

For those who have been wronged by an attorney, a lawsuit may seem like the best course of action. However, there are alternative ways to handle a legal malpractice case in Denver quickly, more amicably, and more affordably.

Mediation and arbitration are popular alternatives to lawsuits that involve a neutral third party to effectively facilitate a discussion between the parties to reach a mutually agreeable settlement. Alternative dispute resolution methods like mediation often allow each party to have more control over the outcome and offer a less formal option than court.

Arbitration, on the other hand, involves a neutral third party arbitrator who, after hearing both sides of the dispute, makes a legally binding decision. Both methods offer an effective way of coming to a mutual agreement and finding a resolution.

In addition to these methods, clients who have been wronged by an attorney also have the option to submit a formal complaint to the Colorado Bar Association. They will investigate all allegations of attorney misconduct and may choose to enforce penalties against attorneys who have violated the ethical rules. These penalties can include suspension or even disbarment. Filing a complaint can also be done alongside a legal malpractice claim in Denver, though it is advised that you discuss this option with your attorney before submitting, as it may have an impact on the outcome of your case.

In some cases, the accused attorney may even be willing to negotiate a settlement to avoid litigation. These negotiations can happen either during the active lawsuit or before the lawsuit is even filed. This option generally saves both parties time and money while avoiding the inevitable stress and uncertainty of a trial.

Regardless of which alternative method you are interested in pursuing, we urge you to reach out to an experienced Denver legal malpractice attorney before beginning. The expertise and legal support of a trusted attorney will allow you to navigate these disputes with confidence and clarity. It is our mission to provide you with the utmost satisfaction while helping you seek the justice and compensation that you deserve. If you are considering litigation or have any questions about an alternative dispute method like the ones listed above, contact us today at the Cimino Law Office to discuss your options and see how we can help.

Client Rights and Attorney Obligations

Understanding the legal obligations of your attorney and your rights as a client is important for being able to recognize when legal malpractice has occurred. Attorneys have the duty to uphold the highest degree of professionalism and to act in the best interest of their clients. When they fail to do this, they may be held liable through a legal malpractice claim.

Client Rights

As a client, you are entitled to rights that are protected by both legal and ethical standards.

Right to Competent Representation: You have the right to expect your attorney to provide competent legal service using the standard of knowledge, skill, and diligence commonly used in the profession. The duty of care may be breached if your attorney lacks sufficient expertise or does not prepare for your case adequately.

Right to Communication: The client has the right to be informed regarding the progress of their case and to have questions and concerns addressed in a timely manner. It imposes on the attorney the duty to communicate with the client, keep the client informed, and reasonably consult the client concerning the objectives of representation and explain the legal options available. Poor communication may result in misunderstandings and lost opportunities; further, it may amount to legal malpractice.

Right to Confidentiality: This is a fundamental right that ensures that all your communication with your attorney is kept confidential. Such a privilege builds openness and candor in the relationship, and this is also pivotal in service delivery. Should your attorney reveal your information without your consent, they will be breaking both a legal and ethical code of conduct.

Right to Loyalty and Conflict-Free Representation: You have the right to reasonably expect that your lawyer will put your interest above all others. That includes not only refraining from actual conflicts of interest but also from any act, which could reasonably be expected to compromise their capability of representing you. An attorney who represents conflicting interests or fails to make proper disclosure concerning a conflict may be liable for legal malpractice.

Attorney Duties

In addition to the rights of clients, attorneys have specific obligations that they must fulfill to maintain the integrity of the attorney-client relationship. These obligations include:

Duty of Care: The attorney shall represent clients with that amount of care that a reasonably competent attorney would show in similar practice.

Duty of Loyalty: It shall be the duty of a lawyer to represent at all times the best interest of the client, and as such, shall avoid any act that may give rise to a conflict of interest. Possible conflicts should be disclosed, and informed consent from the client should be obtained prior to taking action.

Duty of Confidentiality: A lawyer should preserve the confidentiality of all client communications except with the express permission of the client to disclose, or as may otherwise be required by law.

Communication: Lawyers have the duty to keep their clients informed about the status or development of their cases and to respond promptly to their questions. They should also make legal concerns known to their clients in a manner that they understand, so that they may make intelligent decisions.

Duty to Protect Client Property: The lawyer who receives money or other property of clients shall keep it in a properly segregated fiduciary fund or account, separate from his or her own property. A lawyer who converts or misappropriates client funds is guilty of the most serious breach of fiduciary duty and can lead to legal malpractice.

Every client in every case deserves access to a reasonable and competent attorney. It is expected that all attorneys act in the best interests of their clients with the utmost professionalism. When an attorney does not perform their legal and ethical duties, it can have serious consequences for the clients, including financial loss and emotional trauma. Once the trust is broken between a client and attorney, it is difficult to repair.

If you have been wronged by an attorney who has caused you significant harm in any capacity, we strongly recommend contacting the Cimino Law Office today to see how we can help with your case. We are committed to ensuring that each client receives fair representation and receives the justice and compensation that they are entitled to. Reach out to us today with any questions and we will be happy to answer them. John Cimino has been proudly serving the Denver area for nearly 40 years and is prepared to offer outstanding legal support for your legal malpractice claim.

How Can a Legal Malpractice Attorney Help?

The Cimino Law Office has been proudly serving Denver for nearly 40 years, handling malpractice claims and seeking justice for our clients who have been wronged by their previous attorneys. A Denver legal malpractice attorney will be able to assist you in identifying any signs of negligence, breaches of contracts, or unethical behavior by your past attorney, and see if you are eligible to file a legal malpractice claim against them.

We are committed to making sure that your rights are protected, and that you can seek the justice and compensation that you deserve. You should be able to trust your attorney to look out for your best interests. If an attorney has failed you and caused any kind of harm to you, your family, or your business, contact us today to schedule a consultation and get started on your path toward justice.