If you are feeling disappointed by the services you were provided during a legal process, you may feel that you have been misrepresented and taken advantage of. Because of these poor legal services, you may have suffered significant damages, both financially and personally. In this case, you may be wondering whether it would be possible to take legal action against the original attorney that you hired.
If you are starting to explore the possibility of making a legal malpractice claim in Colorado, it is important that you understand how the law works. In order to be successful, you must have clear reasons for the action that you want to take. It is not enough to state that you were disappointed with the result or that the process was more expensive than you hoped. You must provide evidence to show that your attorney acted negligently or not within your best interests. The following are two instances in which you may be able to successfully make a legal malpractice claim.
Prove a conflict of interest
Your attorney should always be fighting your corner because that's exactly what you hired them to do. This means that in an ideal situation, you should be the only client they have in a particular case. Sometimes attorneys represent multiple claimants, particularly in aggregate settlements. This can lead to potential conflicts of interest.
It's important that you are aware of the other interests that your attorney may have, especially if you are being represented by a large law firm. If you have any reason to suspect that your best interests are not being prioritized, you should document everything and consider taking further action.
Show that poor communication led to a poor result
As the client, you should have the full authority to make key decisions. Demands for settlements or negotiations should never be made on your behalf. If you feel that your authority was undermined by your attorney, you may be able to argue that they conducted legal malpractice through their poor communication practices.
If you believe that you lost a potential settlement because of the poor actions of your attorney, it is important to consider filing a legal malpractice claim. Doing so may help you gain back the damages that you deserve.