Denver Legal Malpractice Attorneys
Request Free ConsultationLegal Malpractice Attorneys in Denver, Colorado
Lawyers, like professionals in other fields, can make mistakes that harm their clients. If a lawyer’s error causes damage to a client, the lawyer should be held accountable for the resulting losses. This is why most lawyers carry malpractice insurance.
If you have experienced any of forms of legal malpractice or suspect that your attorney’s negligence has harmed your case, it’s crucial to seek the advice of an experienced legal malpractice attorney. At Fuicelli & Lee, P.C., our Denver legal malpractice attorneys have the knowledge and skills to help you assess your situation and determine whether you have a viable malpractice claim.
Common Types of Legal Malpractice
Legal malpractice can take many forms, and it’s essential for clients to be aware of the various ways in which an attorney’s negligence can harm their case. Some of the most common types of legal malpractice include:
1.Missing Deadlines
Attorneys are responsible for meeting critical deadlines, such as filing a lawsuit within the statute of limitations or submitting important documents to the court. If a lawyer fails to meet these deadlines, it can result in the dismissal of a case or the loss of crucial rights, causing significant harm to the client.
2.Failure to Properly Investigate a Case
Lawyers have a duty to thoroughly investigate the facts and evidence related to their client’s case. Failing to conduct a proper investigation, interview witnesses, or gather relevant evidence can severely weaken a client’s position and lead to an unfavorable outcome.
3.Inadequate Communication
Attorneys have an obligation to keep their clients informed about the status of their case and promptly respond to inquiries. Failure to communicate effectively or provide timely updates can leave clients in the dark and hinder their ability to make informed decisions about their legal matters.
5.Conflicts of Interest
Lawyers must avoid conflicts of interest and always act in the best interests of their clients. If an attorney has a personal or financial stake in the outcome of a case that conflicts with the client’s interests, it can compromise the quality of representation and lead to malpractice.
6.Breach of Confidentiality
Attorneys are bound by a duty of confidentiality, which means they must protect their client’s sensitive information and not disclose it to third parties without permission. Breaching client confidentiality, whether intentionally or inadvertently, can expose clients to harm and constitute legal malpractice.
7. Fraud or Deception
In some cases, attorneys may engage in fraudulent or deceptive practices, such as misappropriating client funds, forging documents, or knowingly making false statements to the court. These actions not only constitute malpractice but may also result in criminal charges against the attorney.
Proving Legal Malpractice in Denver
If you believe that you have been a victim of legal malpractice, it’s essential to understand the elements required to prove your case. To successfully establish a legal malpractice claim, you must demonstrate the following:
1.Attorney-Client Relationship
The first step in proving legal malpractice is to show that an attorney-client relationship existed between you and the lawyer in question. This relationship is typically established through a written agreement or contract, but it can also be implied based on the actions and communications between the parties.
2.Negligence or Breach of Duty
Once an attorney-client relationship is established, you must prove that the attorney acted negligently or breached their professional duty of care. This means demonstrating that the attorney’s conduct fell below the standard of care expected of a reasonably competent lawyer in a similar situation. Examples of negligence or breach of duty include missing deadlines, failing to investigate the case properly, or providing incorrect legal advice.
3.Causation
You must also show that the attorney’s negligence or breach of duty directly caused you harm or losses. This requires establishing a causal link between the attorney’s actions (or inaction) and the negative outcome of your case. In other words, you must prove that if it weren’t for the attorney’s negligence, you would have achieved a more favorable result.
4.Damages
Finally, you must demonstrate that you suffered actual damages as a result of the attorney’s malpractice. Damages can include financial losses, such as the amount you would have recovered in a successful lawsuit, or non-economic damages, such as emotional distress or reputational harm. It’s important to note that even if an attorney was negligent, if you did not suffer any measurable damages, you may not have a viable malpractice claim.
The Role of Expert Witnesses in Establishing Malpractice
In many legal malpractice cases, expert testimony is crucial to establishing that an attorney’s conduct fell below the required standard of care. Expert witnesses, usually experienced attorneys in the same area of law, can provide valuable insights and opinions on the following:
1.Standard of Care
Expert witnesses can testify about the standard of care expected of a reasonably competent attorney in a similar situation. They can explain the legal principles, professional ethics, and best practices that govern the attorney’s conduct.
2.Breach of Standard of Care
Experts can analyze the attorney’s actions (or inaction) and provide an opinion on whether the attorney’s conduct deviated from the standard of care. They can identify specific instances of negligence or breach of duty and explain how a competent attorney would have handled the situation differently.
3.Causation and Damages
Expert witnesses can also help establish the causal link between the attorney’s negligence and the harm suffered by the client. They could offer opinions on the likelihood of a more favorable outcome if the attorney had acted competently and estimate the extent of the damages caused by the malpractice.
At Fuicelli & Lee, P.C., our Denver legal malpractice attorneys have extensive experience in building strong cases and working with expert witnesses to prove legal malpractice claims. We understand the complexities involved in these cases and have the knowledge and resources necessary to hold negligent attorneys accountable for their actions.
If you suspect that you have been a victim of legal malpractice, don’t hesitate to contact our team for a free initial consultation. We will carefully review your case, explain your legal options, and guide you through the process of seeking the compensation you deserve.
The Importance of Acting Quickly
If you suspect that you have been a victim of legal malpractice, it is crucial to take swift action to protect your rights and preserve your ability to seek compensation for any harm caused by your attorney’s negligence. Delaying action can have serious consequences and may even prevent you from pursuing a legal malpractice claim altogether.
There are several reasons why acting quickly is essential:
Statute of Limitations
In Colorado, the statute of limitations for legal malpractice claims is governed by Colorado Revised Statutes § 13-80-102. According to this statute, the time limit for filing a legal malpractice claim depends on the nature of the claim:
- Legal malpractice claims based on negligence: If your legal malpractice claim is based on your attorney’s negligence, you must file your claim within two years from the date the negligent act or omission occurred, or within two years from the date you discovered (or reasonably should have discovered) the negligent act or omission, whichever comes first.
- Legal malpractice claims based on breach of contract: If your legal malpractice claim is based on your attorney’s breach of contract, you must file your claim within three years from the date the breach occurred, or within three years from the date you discovered (or reasonably should have discovered) the breach, whichever comes first.
Preserving Evidence
As time passes, evidence that is crucial to proving your legal malpractice claim may be lost, destroyed, or become more difficult to obtain. This can include documents, correspondence, witness testimony, and other records that support your case. By acting quickly and consulting with a legal malpractice attorney, you can take steps to gather and preserve this evidence before it disappears or becomes unavailable.
Mitigating Damages
In some cases, taking prompt action can help mitigate the damages caused by your attorney’s malpractice. For example, if your attorney missed a deadline to file a lawsuit, acting quickly to hire a new attorney may allow you to salvage the case and minimize the harm caused by the original attorney’s negligence. Failing to act promptly can exacerbate the damages and make it more challenging to recover compensation.
Peace of Mind
Dealing with the consequences of legal malpractice can be stressful and overwhelming, especially if you are already facing legal challenges or have suffered significant losses. By taking action and consulting with a legal malpractice attorney, you can gain a better understanding of your rights, options, and potential remedies. This can provide peace of mind and allow you to focus on moving forward while your legal malpractice case is being handled by experienced professionals.
If you suspect that you have been a victim of legal malpractice, don’t hesitate to contact our team for a free initial consultation. We will review your case, explain the statute of limitations and other critical deadlines, and help you take the necessary steps to protect your rights and pursue the compensation you deserve.
Remember, every day counts when it comes to legal malpractice claims. Trust the experienced attorneys at Fuicelli & Lee, P.C. to guide you through this challenging time and fight for the justice you deserve.
Speak to a Denver Legal Malpractice Attorney Today
Don’t hesitate to contact us if you believe you have been a victim of legal malpractice. We offer free initial consultations to discuss your case and help you understand your legal options. Trust our team to provide the guidance and representation you need to hold negligent attorneys accountable and seek the compensation you deserve.
If you believe you have been the victim of legal malpractice, please contact us at (303) 444-4444 today. Time is of the essence, and the
Denver Legal Malpractice Lawyer, Keith Fuicelli
Denver legal malpractice attorneys at Fuicelli & Lee are here to help.
Fuicelli & Lee, PC – Denver Office
1731 Gilpin Street
Denver, CO 80218
P: (303) 444-4444