Legal malpractice occurs when an attorney fails to competently perform their duties and, as a result, causes harm to their client. The harm is usually financial and often results from negligence, breach of fiduciary duty, or misconduct. Not every mistake qualifies as malpractice, but when a lawyer’s error rises to the level of professional negligence, the client may be entitled to compensation.
Clients trust attorneys with matters that can affect their freedom, finances, or family. When that trust is broken due to careless or unethical behavior, the consequences can be devastating. At Cimino Law Office, we focus on holding attorneys accountable when they fail in their professional obligations. Below are some of the most common ways attorneys commit legal malpractice.
Missing critical filing deadlines is one of the most frequent forms of legal malpractice. Attorneys are responsible for knowing and complying with court-mandated timelines, such as filing a lawsuit before the statute of limitations expires or submitting necessary paperwork before court hearings. Failure to meet these deadlines can result in dismissal of a case or forfeiture of rights.
In Colorado, the statute of limitations for certain cases can be as short as two years. If your attorney allowed your claim to expire, you may have grounds for a legal malpractice claim, especially if that missed deadline cost you the opportunity to recover damages or defend yourself properly.
Attorneys have a legal and ethical obligation to avoid representing clients with conflicting interests. A conflict of interest can occur when an attorney represents opposing parties in the same or related cases, or when their personal interests interfere with their professional judgment.
For example, if an attorney represents both a business and one of its former employees in related matters, or if the attorney stands to gain financially from the outcome of the case, this may constitute a conflict. Clients must be informed of any potential conflicts and must consent to representation. Failure to disclose these conflicts can result in a serious breach of fiduciary duty.
Clients have the right to be informed about their cases and to make key decisions regarding how those cases proceed. An attorney who fails to communicate regularly, ignores client emails and calls, or makes decisions without client consent may be liable for malpractice.
Examples include settling a case without the client’s approval, failing to inform the client of court dates, or not providing updates on important developments. These lapses not only harm the attorney-client relationship, but they can also have a direct impact on the outcome of a case.
Lawyers are expected to have the legal knowledge necessary to handle the types of cases they accept. Accepting a case outside of one’s expertise without proper research, preparation, or consultation can result in serious errors. Common mistakes include misinterpreting laws, failing to conduct discovery, or not preparing witnesses adequately for trial.
A lawyer doesn't have to be the best in the field, but they must meet the minimum standard of competence. If a lack of preparation or knowledge leads to a poor outcome—especially one that could have been avoided with proper effort—you may have a valid malpractice claim.
Lawyers are strictly prohibited from misusing client funds. Trust accounts must be maintained separately from the attorney’s own finances, and every dollar must be accounted for. Commingling funds, failing to return unused retainer money, or outright theft are all grounds for both malpractice lawsuits and disciplinary action.
If your attorney failed to return money that was rightfully yours or used your funds improperly, this is not only unethical—it’s potentially criminal. Cimino Law Office can help you pursue financial compensation and report the misconduct to the appropriate authorities.
Attorneys must always act in the best interest of their clients and obtain informed consent before taking major actions. If a lawyer agrees to a plea deal, settlement, or litigation strategy without first getting client approval, this can form the basis for a malpractice claim.
Even if the decision turned out to be beneficial, the process must still include the client’s consent. Failing to consult the client robs them of control over their own legal matter and can significantly alter the outcome in ways they never agreed to.
If you recognize any of these issues in your own case—missed deadlines, lack of communication, conflicts of interest, or financial misconduct—you may be entitled to pursue legal action. It’s critical to act quickly, as Colorado has a strict statute of limitations for filing malpractice claims.
At Cimino Law Office, we focus exclusively on legal malpractice and understand what it takes to prove that an attorney failed in their duty. We work closely with legal experts to analyze past representation and determine whether your case has merit.
Attorneys are held to high standards for a reason. When they fail to meet those standards and it costs you financially, they should be held accountable. If you believe your attorney acted improperly or negligently, we want to hear your story.
Reach out to Cimino Law Office today for a free consultation. Let’s determine whether you have a legal malpractice case and what your options are for holding your former lawyer responsible.
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting.
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