Attorneys, like all people, make mistakes. Lawyers in our state must complete certain educational requirements and maintain a license in good standing with the Colorado Bar Association to be allowed to continue practicing. If they fail to carry out their prescribed responsibilities, then they may be sued for legal malpractice. There are many different examples of why a lawyer may face a lawsuit for negligence.
Any attorney whom you enter into a contract with has an obligation to keep what's said between you and them confidential. If your lawyer shares that information with a third party without your consent, then you may be able to sue them for malpractice.
There are many deadlines that attorneys have to meet when filing various documents with the court. If they fail to file those documents on time, then it may be possible for them to be sued.
Before you file a legal malpractice suit, you'll want to make sure that you can prove that the attorney agreed to provide you with skillful and competent representation. This is generally detailed on the contract that they had you sign when you retained them.
You'll also need to document how the attorney breached their duty by making a mistake. You should be able to show that your lawyer's indiscretion caused you some type of harm. You should be able to document your financial loss too.
There are other reasons why you may be able to sue an attorney for legal malpractice. Following are a few examples:
- If they failed to disclose a preexisting friendship with an attorney representing the other party in your case
- If an attorney misuses your funds or bills you far more than what's reasonable or what was agreed to.
- If they settle a case without your prior consent
Legal malpractice cases are often complex and are therefore hard to win. Individuals looking to prove that their attorney breached their contract or fiduciary duty shouldn't try to handle such a complex case on their own. They should instead seek an experienced legal malpractice attorney.