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.
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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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