Legal Malpractice FAQs

How do I know if I have a legal malpractice case?

The short answer is that unless you are an attorney — and perhaps you even need to be a malpractice attorney — it's unlikely you will know for certain if it is worth pursuing a legal malpractice lawsuit. It is wise to have a knowledgeable legal malpractice attorney review the facts of your case. It is not enough that a legal matter was not resolved to your satisfaction and you feel your attorney was the reason for that.

What is necessary to prove legal malpractice?

To prove legal malpractice occurred, you must show that your lawyer acted negligently and you or a loved one suffered financially or were deprived of justice as a result. Breach of fiduciary duty or breach of contract on the part of a lawyer may be cause to pursue a malpractice claim. In addition to proving that your lawyer was negligent, you must also prove that your lawyer's negligence was the cause for the harm against you, that is, the case would have been resolved in your favor or you would not have sustained damages if the negligence had not occurred.

Is there a statute of limitations for filing a legal malpractice case in Colorado?

A legal malpractice case must be filed within two years of the date that a client knew or should have known an attorney made a mistake that caused harm.

What are some common examples of attorney malpractice?

  • Failure to file court documents on time
  • Failure to know or apply the law
  • Inaccurate interpretation of the applicable law
  • Committing an error in a public record search or developing a strategy
  • Failure to obtain a client's consent, follow a client's directions or fully inform a client
  • Charging excessive fees

We Can Answer Your Questions Regarding Legal Malpractice

Attorney Anthony J. Viorst, founder of The Viorst Law Offices, P.C., in Denver, holds lawyers who fail to uphold their obligations to a client accountable. Call 303-872-5712 or use our online contact form to schedule a free consultation.