When you hire an attorney, you do so with the idea that this person will help you with your legal problem. Unfortunately, not all attorneys are scrupulous.
Despite the fact that you put your trust in this person, they may let you down at some point. If this happens, review your agreement, learn more about legal malpractice and create a plan for how to best move forward.
Here are some of the most common questions associated with legal malpractice:
- Are you permitted to fire your attorney? You have the legal right to fire your attorney at any time during your agreement. Furthermore, if you think they’ve conducted some form of legal malpractice, you may be able to take legal action against them.
- How do you establish legal malpractice under negligence? If you suspect any form of negligence, such as if your attorney failed to file the applicable paperwork on time, you may be able to file a lawsuit for negligence. To do so, you must demonstrate that the attorney owed a duty and breached this duty. You must also prove that the breach caused harm, injury and/or financial loss.
- Is an attorney required to keep communication confidential? Yes. You should expect that all conversations between you and your attorney are kept confidential. For example, they’re not permitted to disclose information regarding your case to a third party, unless you first provide consent.
- Is it possible for an attorney to overcharge? Not only is it possible, it’s all too common. Your attorney should bill based on the terms and conditions of your agreement. If the charges are higher than expected, talk to your attorney about the reason for this.
You hire an attorney to assist you with a legal matter. If you find yourself dealing with legal malpractice, you now have two issues to deal with.
If you suspect legal malpractice, answer the questions above as they pertain to your situation. You can then negotiate with your attorney in an attempt to find a resolution.
If that doesn’t work, learn more about your legal rights in Colorado and the steps you can take to hold the negligent attorney responsible for their actions.