When you hire an attorney, you expect professionalism, clear communication and competent legal work. But what recourse do you have if your attorney’s negligence leads to a negative outcome or financial loss? You might be wondering: was this just a tough result or was it legal malpractice?
What is legal malpractice?
A lawyer commits legal malpractice when they breach the professional standard of care expected in the legal profession and that failure directly results in demonstrable harm. To establish a legal malpractice in Colorado, you must prove four elements:
- An attorney-client relationship existed
- The attorney breached their duty of care
- Causation linking the breach to the harm
- You suffered legal or financial damages
It’s not enough that your case didn’t go your way. The mistake must be serious enough to cause a meaningful difference in the outcome.
What doesn’t count as legal malpractice?
Not all deficiencies with an attorney’s performance constitute legal malpractice. Here are some examples that don’t meet the criteria:
- A lawyer opting for a legal strategy you did not agree with
- Losing a case despite diligent representation
- A judgment call that didn’t work out
These things may be frustrating, but they don’t necessarily mean your lawyer was negligent.
Look out for these common red flags
If you think your attorney may have committed legal malpractice, watch for these warning signs. Recognizing them early can help you decide whether to seek a second opinion or take legal action:
- Failing to meet critical deadlines, such as statutes of limitations
- Failing to research or apply the law
- Not preparing for trial or settlement
- Inadequate communication that leads to lost opportunities
- Undisclosed conflicts of interest
Legal malpractice isn’t always obvious. Trust your instincts, especially if your lawyer miscommunicated, made mistakes, or drew concern from another attorney.
It’s not easy to evaluate malpractice on your own. Getting a second opinion from an attorney experienced in this area can help clarify whether a legal wrong occurred and what steps you can take next.
Sometimes, a second opinion isn’t just helpful. It’s the first step toward justice.