What’s the Statute of Limitations for Legal Malpractice in Colorado?

If you're considering a legal malpractice claim, understanding the statute of limitations is absolutely critical. Waiting too long to file could mean your case gets dismissed—no matter how strong your evidence is. The statute of limitations acts as a legal deadline, and once it expires, your right to seek justice may be lost forever.

Legal malpractice laws vary by state, and Colorado has its own rules that determine how long you have to bring a claim. These rules can be complicated, especially if there’s uncertainty about when the malpractice occurred or when you first became aware of it. At Cimino Law Office, we regularly help clients in Denver and across Colorado understand and meet these deadlines before it’s too late.

The Basics: Colorado’s Legal Malpractice Statute of Limitations

Under Colorado law, the statute of limitations for legal malpractice is generally two years. This means you have two years from the date the malpractice occurred—or from the date you discovered or reasonably should have discovered it—to file a lawsuit against your attorney.

This two-year period is defined under Colorado Revised Statutes § 13-80-102(1)(a), which applies to professional negligence claims, including those against lawyers. However, this two-year window isn’t always as straightforward as it sounds. Sometimes, the harm isn’t immediately obvious. That’s why the law also includes the “discovery rule.”

Understanding the Discovery Rule

The discovery rule delays the start of the two-year clock until the client either knows—or should reasonably know—that legal malpractice occurred. In other words, the statute of limitations doesn't necessarily start the moment the mistake happens. It starts when you become aware, or should have become aware, of the attorney’s misconduct and the resulting harm.

Here’s an example: Suppose your attorney missed a filing deadline, but you didn’t find out until six months later when your case was unexpectedly dismissed. In that situation, your two-year window to sue would likely begin on the date you learned your case was dismissed—not the original missed deadline.

However, courts will also look at what a “reasonable person” in your situation would have known. If there were warning signs you ignored or opportunities to discover the issue earlier, the court may determine that the statute started running sooner than you think.

What Is the Absolute Deadline in Colorado?

Colorado law also has an absolute four-year limit, regardless of when you discovered the malpractice. This is often referred to as the “statute of repose.” According to C.R.S. § 13-80-102.5, no legal malpractice action can be brought more than four years after the act of malpractice occurred—even if you discovered it later.

There are very few exceptions to this hard cap, and it's designed to prevent claims from being brought decades after the fact. So even if the discovery rule might have given you more time, that time is still cut off at the four-year mark.

Are There Any Exceptions or Extensions?

There are a few rare exceptions where the statute of limitations might be extended:

• Fraud or Concealment: If the attorney intentionally hid their wrongdoing, the court might allow the two-year period to begin once the fraud was uncovered.
• Disability: If the victim of the malpractice was mentally incapacitated, courts may toll (pause) the statute of limitations.
• Continuous Representation: If the attorney continued to represent the client after the error, some courts will delay the start of the clock until the representation ends. This is known as the "continuous representation doctrine."

Each exception is fact-specific and hard to prove. That’s why it’s so important to consult an attorney who focuses on legal malpractice law and understands the nuances of Colorado’s legal system.

How Do You Know When Your Time Is Up?

Determining when your statute of limitations started—and whether it has expired—can be tricky. In some cases, the timeline is clear. In others, it's up to a judge or jury to decide when you should have known that malpractice occurred. That’s why it’s never a good idea to wait and see if things work out with your former attorney. If you even suspect something went wrong, it’s smart to act quickly.

At Cimino Law Office, we conduct a detailed review of your case history to assess whether the statute of limitations has expired. We look at communications with your former lawyer, court records, and outcomes to determine exactly when the clock started ticking. If your claim is still within the legal window, we can help you move forward.

Why You Shouldn’t Wait

Legal malpractice cases are complex, and proving them takes time. Waiting until the deadline is close puts your entire case at risk. The sooner you seek legal advice, the more time your new attorney has to collect evidence, interview witnesses, and consult with experts.

Even if you’re unsure whether your previous attorney made a serious error, it’s better to speak with a malpractice lawyer now rather than later. Time may be the single most important factor in preserving your right to compensation.

Think You May Be Running Out of Time?

If you believe your attorney mishandled your case, don’t wait until it’s too late. At Cimino Law Office, we know Colorado’s legal malpractice laws inside and out. We’ll help you determine whether you still have time to file—and what steps to take next.

Contact us today to schedule a free consultation. Let’s find out if your case is still within the statute of limitations and what we can do to help you hold your former attorney accountable.