A Denver Legal Malpractice Attorney Who Holds Other Lawyers Accountable
Our legal system counts on attorneys, among others, to zealously defend their clients’ legal and financial rights. Without that commitment, the justice system does not work properly.
Simply losing your case does not give rise to a claim for legal malpractice. But if your attorney made errors in the course of representing you that led to or even contributed greatly to the loss of your case, you may have a claim against them for the damages you have suffered. If your attorney has failed to meet their obligations, you can count on Anthony Viorst at The Viorst Law Offices, P.C., in Denver to pursue damages.
You Have A Right To Competent, Dedicated Legal Representation
Not all attorney errors constitute the type of negligence necessary to win a claim of legal malpractice. Some mistakes that could lead to a finding of legal malpractice are:
- Missing the statute of limitations (the time in which you have to file a claim)
- Conflicts of interest
- Breach of fiduciary duty
- Incorrect title searches
- An inaccurate interpretation of the applicable law
- Charging excessive fees
- Ineffective assistance of counsel
To prove legal malpractice, we must first prove that your original lawyer acted negligently. Then, we must show that the original case would have been successful if not for your attorney’s negligence. Other factors to consider are the damages suffered as a result of your original attorney’s negligence and whether they were adequately covered by insurance.
Appealing A Criminal Conviction In Colorado
If you have been wrongfully convicted of a crime in Colorado, you could face the loss of your job and reputation, a large fine, and even prison time. You are being punished for something that you didn’t do.
In addition to pursuing damages from your original attorney, Mr. Viorst can assist you with an appeal of your conviction based on ineffective assistance of counsel.
A Level Of Experience And Knowledge That Is Difficult To Match
Our firm has long been a trusted resource for appellate work and legal malpractice claims in Colorado. For more than three decades, Mr. Viorst has made it his mission to achieve justice for his clients and to explore novel legal ideas.
He has written and published numerous articles on legal malpractice in Colorado, including ones on when it may be possible for a client to sue opposing counsel and what it takes to win a case. You can rely on his knowledge and reputation for results to give your legal malpractice case every chance for success.
Frequently Asked Questions About Legal Malpractice In Colorado
Below, you’ll find answers to questions commonly asked by prospective clients like you.
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?
In addition to those mentioned earlier on this page, examples of malpractice could include:
- Failure to file court documents on time
- Failure to know or apply the law
- An 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
Again, speaking to a knowledgeable lawyer like Anthony Viorst is the best way to determine if your attorney’s actions rise to the level of legal malpractice.
Will it cost me money to correct my attorney’s mistakes?
Unfortunately, yes. Correcting your attorney’s mistakes can be costly. When you pursue a legal malpractice claim, you may incur expenses such as court fees and additional attorney fees. However, it is important to understand that these costs are an investment in holding your original attorney accountable and seeking compensation for the damages you have suffered. Attorney Viorst is committed to helping you navigate this challenging process and will work to minimize your financial burden as much as possible.
What if my lawyer won’t admit they committed malpractice?
It is not uncommon for attorneys to deny any wrongdoing. If your lawyer refuses to admit they committed malpractice, it does not mean you do not have a case. Legal malpractice claims are often complex and contentious. At The Viorst Law Offices, P.C., attorney Viorst can help you gather evidence and build a strong case to prove your attorney’s negligence and the harm it caused you. He will advocate for your rights and pursue the justice you deserve, even if your former attorney is unwilling to accept responsibility for their actions.
Can a lawyer prevent me from testifying at my own trial?
While it is rare, there are situations where a lawyer might advise against a client testifying at their own trial, often for strategic reasons. However, if a lawyer prevents you from testifying without a valid reason, it could be grounds for a malpractice claim. Your right to testify in your own defense is a fundamental aspect of your case, and denying you this opportunity without justification can significantly impact the outcome. If you believe your attorney’s decision to prevent you from testifying was unjustified and led to an adverse result, it is crucial to consult with a legal malpractice attorney. At The Viorst Law Offices, P.C., attorney Viorst can help determine if your attorney’s actions constitute malpractice and guide you on the best course of action to seek redress.
Get Started With A Free Initial Consultation
The Viorst Law Offices is based in Denver and serves clients throughout Colorado. Call 303-872-5712 or use our online contact form to schedule your free initial consultation.
