Colorado Legal Malpractice Lawyer
What is a legal malpractice suit against attorney?
Legal malpractice occurs whenever a lawyer or attorney acts in a negligent way when advising or representing a client regarding a legal issue; and that client then suffers harm, or losses, as a result. This page provides an overview of Colorado legal malpractice and some issues that may lead to a malpractice suit against a lawyer, however, it is not meant to replace consultation with an experienced attorney. Legal malpractice actions in Colorado are highly regulated, strictly litigated, and can be among the most difficult cases to pursue.
Elements of legal malpractice
In order to win a Colorado lawyer malpractice case, the person harmed by the lawyer generally needs to prove the following:
- an attorney-client relationship existed
- the attorney was negligent; meaning their legal work was below the standard duty owed by lawyers
- the negligence was a proximate cause of an injury suffered by the defendant
- the fact and extent of the alleged injury
So, first and foremost, a Colorado legal malpractice case must prove that the lawyer being sued owed a duty to the client. Next, a person harmed by the attorney must define the way in which the lawyer violated this duty. For example, a lawyer who steals money from a client has obviously violated a clear duty to the client. Sometimes, however, this proof is more subtle and requires the testimony of an expert witness to adequately prove it. As part of any legal malpractice action, an expert in the field of legal conduct must provide a Certificate of Review; indicating your case demonstrates the basic elements of a valid legal malpractice action.
The next step is to prove that the harm done to the client is the result of the negligent lawyer In other words, the injury stemmed directly from the misconduct, mistakes, or omissions of the lawyer.
Finally, in order to win a judgment, a Colorado legal malpractice lawyer must prove that actual damages were suffered as a result of this negligence.