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Denver Legal Malpractice Attorney

Our legal system relies on attorneys to fiercely protect their clients’ legal and financial rights. Without that effort, the justice system fails to function properly.

Losing a case does not automatically mean you have a legal malpractice claim. However, if your attorney made mistakes during your case that caused or contributed to your loss, you may have a claim for the damages you suffered. If your attorney did not meet their responsibilities, you can trust Anthony Viorst at The Viorst Law Offices, P.C., in Denver to pursue your claim.

Legal Malpractice Overview

Introduction To Legal Malpractice
What Constitutes Legal Malpractice?
Why Timely Action Is Important
Steps To Take If You Suspect Malpractice
Choosing The Right Attorney
Legal Malpractice Frequently Asked Questions
Contact Us

How do I know if I have a legal malpractice case?

Unless you are an attorney – perhaps even a malpractice attorney – it is hard to know for sure if you have a valid legal malpractice case. That is why it is smart to have an experienced malpractice attorney review your situation. Simply feeling unhappy with how your case turned out or believing your attorney was at fault is not enough.

What is necessary to prove legal malpractice?

To prove legal malpractice, you must show that your lawyer acted carelessly and that this caused you or a loved one financial harm or loss of justice. For example, a lawyer’s failure to keep their promises or act in your best interest might justify a malpractice claim. You also need to prove that their mistakes directly caused your harm – meaning the case would have ended in your favor, or you would not have suffered losses, if they had acted properly.

What are the differences between legal malpractice and a bad outcome?

Not every lost case or unfavorable decision qualifies as malpractice. Legal malpractice happens when an attorney’s carelessness directly causes harm, like financial loss or denial of justice.

For instance, if an attorney misses a filing deadline or misuses the law, this could be malpractice if it affects the case’s outcome. However, a bad result despite your lawyer’s reasonable efforts does not count as malpractice.

What are some common examples of attorney malpractice?

Not every mistake by an attorney qualifies as the kind of carelessness needed to win a malpractice claim. Here are some errors that might lead to a successful malpractice case:

Failure to communicate: Not keeping clients updated or responding to their questions in a timely manner can leave clients uninformed, anxious and poorly represented.
Failure to obtain client consent: Acting without a client’s approval or against their wishes can lead to serious consequences.
Inadequate investigation or discovery: Failing to research thoroughly or gather enough evidence can weaken a client’s case.
Errors in document preparation: Preparing incorrect or incomplete legal documents, like motions or pleadings, can harm a client’s interests.
Failure to follow client instructions: Ignoring or misunderstanding a client’s specific directions can lead to poor or damaging results.
Conflict of interest: Representing clients with opposing interests without full disclosure or consent can harm the attorney’s ability to represent fairly.
Missed deadlines: Failing to file documents on time or meet court deadlines, like the statute of limitations, can lead to dismissed claims or other negative outcomes.
Improper withdrawal from representation: Leaving a client without proper notice or enough time to find a new attorney can leave them without support during important case stages.
Negligent advice: Giving wrong or misleading legal advice that harms the client can have lasting effects, making accurate guidance vital.
Failure to settle or advise on settlement offers: Not informing a client about settlement offers or failing to negotiate in their best interest can mean missed chances for a good resolution.
Breach of fiduciary duty: Not acting in the client’s best interest, leading to harm, is a serious violation of the attorney-client relationship and often supports malpractice claims.
Incorrect title searches: Performing flawed title searches that cause legal issues, like unexpected liens or ownership disputes, can create financial and legal burdens.
Inaccurate interpretation of applicable laws: Misinterpreting laws can lead to poor outcomes for the client, such as weakening their case or strategy.
Charging excessive fees: Billing unreasonably high fees for legal services can place a heavy financial burden on clients and may be considered unfair.
Ineffective assistance of counsel: Providing poor legal representation that harms the client’s case can lead to unjust outcomes or lost opportunities.

To prove malpractice, we must first show that your original lawyer acted carelessly. Next, we must demonstrate that your case would have succeeded without their mistakes. We also consider the damages you suffered and whether insurance covers them. Consulting an experienced attorney like Anthony Viorst is the best way to determine if your lawyer’s actions qualify as malpractice.

Malpractice In Specific Legal Practice Areas

Legal malpractice varies across different areas of law, each with its own standards and potential mistakes. Here are examples of malpractice in specific legal fields:

Personal injury malpractice: Mistakes in personal injury cases can hurt a client’s ability to recover fair compensation. These include missing deadlines for filing claims, not fully investigating injuries, giving poor settlement advice that leads to low offers or mishandling liens, which can reduce a client’s final recovery.
Family law malpractice: Errors in family law can lead to serious personal and financial harm. Examples include mistakes in drafting divorce decrees, mishandling property division, errors in child custody agreements or failing to explain the impact of marital property, like taxes or asset values.
Real estate malpractice: Real estate deals require accuracy, and mistakes can cause major losses. Malpractice might involve title search errors that lead to ownership disputes, poorly drafted contracts for property deals, mishandling boundary disputes or not disclosing important facts about a property that affect its value or use.
Business/commercial litigation malpractice: In business disputes, attorney mistakes can put a client’s financial interests at risk. These include mishandling contract disputes, poorly managing corporate litigation, failing to pursue valid claims or giving bad advice during business formation, like choosing the wrong business structure.
Estate planning/probate malpractice: Mistakes in estate planning can disrupt a client’s legacy or financial plans. Common errors include mistakes in drafting wills or trusts, mishandling estate administration, not advising on tax consequences or errors in naming beneficiaries, leading to unintended distributions.
Bankruptcy malpractice: Errors in bankruptcy cases can lead to lost assets or ongoing financial struggles. Examples include incorrect filings that delay or harm the process, failing to protect exempt assets or giving wrong advice about which debts can be discharged, affecting a client’s fresh start.
Criminal defense malpractice: In criminal defense, poor representation can lead to unfair convictions or harsher sentences. This includes not investigating evidence that could clear the client, failing to object to improper evidence or procedures, or giving bad plea advice that results in an unfavorable deal. Proving this requires showing a “case within a case” – that the attorney’s mistakes directly caused a different outcome, like a conviction instead of an acquittal, a worse charge or a longer sentence. For example, if an attorney does not interview important witnesses or challenge improper evidence, and this leads to a conviction, a malpractice claim may be valid. The focus is on proving the attorney’s carelessness caused the bad outcome.

These examples show how malpractice can differ across legal fields, making it vital to work with an attorney who knows your specific case type. Anthony Viorst has the experience to spot and address these issues effectively.

Why Is Timely Action Important In Legal Malpractice Cases?

Acting quickly is critical in legal malpractice cases. Colorado’s two-year statute of limitations gives you a short window to file a claim after discovering your attorney’s mistakes. Missing this deadline can permanently block you from seeking compensation, no matter how strong your case is.

The clock usually starts when you realize – or should have realized – your attorney’s mistake and the harm it caused. Figuring out this exact date can be tricky, so it is wise to consult a malpractice attorney soon. Over time, evidence can disappear, witnesses’ memories can fade, and important documents may get lost.

Steps To Take If You Suspect Malpractice

If you think you are a victim of legal malpractice, taking quick and smart steps is the way to seek justice. Here is what you should do:

Gather and keep all documents related to your original legal case.
Get a complete copy of your case file from your previous attorney.
Request communication and document any resistance you face.
Schedule a meeting with a legal malpractice attorney.
Bring all relevant documents to your first meeting.
Prepare a detailed explanation of how your attorney’s actions harmed your case.
Collect proof of financial losses or missed legal opportunities.
Be ready to explain the specific mistakes or careless actions you believe happened.

Do not wait too long, as Colorado’s two-year statute of limitations applies. Anthony Viorst will review your case details and guide you on the best path to hold the negligent attorney accountable.

Understanding Legal Malpractice Insurance

Legal malpractice insurance protects attorneys from financial risks and can offer compensation for clients harmed by their mistakes. However, this insurance can affect your ability to recover damages in a malpractice case. If your attorney has malpractice insurance, it may improve your chances of getting compensation for your losses.

Insurance policies cover specific claims, but coverage limits and exclusions can impact your payout. Mr. Viorst can help you find out if your attorney had insurance and what it covers – an important step in pursuing your claim.

How Do I Choose The Right Legal Malpractice Attorney?

Choosing the right attorney for your malpractice case takes careful thought. Look for a lawyer with deep experience in legal malpractice cases, not just general litigation. They should have a history of winning similar cases and be able to provide examples or references.

Check their professional reputation, including reviews from peers and their standing with the Colorado Bar Association. The attorney should explain their plan clearly and keep you updated throughout the process. Make sure they have the resources and dedication to handle your case well.

A Level Of Experience And Knowledge That Is Difficult To Match

Our firm has been a trusted resource for appellate work and legal malpractice claims in Colorado for years. For over 30 years, Mr. Viorst has worked to achieve justice for his clients and explore new legal ideas.

He has written and published many articles on legal malpractice in Colorado, including topics like suing opposing counsel and what it takes to win a case. You can count on his knowledge and proven results to give your malpractice case the best chance of success.

Legal Malpractice FAQs

Will it cost me money to correct my attorney’s mistakes?

Yes, fixing your attorney’s mistakes can be expensive. Pursuing a legal malpractice claim may involve costs like court fees and new attorney fees. Still, these costs are an investment in holding your original attorney accountable and seeking compensation for your losses. Attorney Viorst will work to keep your financial burden as low as possible while guiding you through the process.

What if my lawyer will not admit they committed malpractice?

It is common for attorneys to deny wrongdoing. If your lawyer refuses to admit fault, that does not mean you lack a case. Malpractice claims can be tough and hard-fought. At The Viorst Law Offices, P.C., attorney Viorst can help you gather evidence and build a strong case to prove your attorney’s carelessness and the harm it caused. He will fight for your rights and seek the justice you deserve, even if your former attorney will not take responsibility.

Can a lawyer prevent me from testifying at my own trial?

In rare cases, a lawyer might advise against a client testifying at their trial for strategic reasons. But if a lawyer stops you from testifying without a good reason, it could support a malpractice claim. Your right to testify in your defense is a core part of your case, and denying it without cause can seriously affect the outcome. If you believe your attorney’s decision to keep you from testifying was unjustified and led to a bad result, talk to a malpractice attorney. At The Viorst Law Offices, P.C., attorney Viorst can assess whether your attorney’s actions qualify as malpractice and guide you on the best path forward.

Get Started With A Free Initial Consultation

The Viorst Law Offices is based in Denver and serves clients across Colorado. Call 303-872-5712 or use our online contact form to schedule your free initial consultation.

Appealing A Criminal Conviction In Colorado

If you have been wrongfully convicted of a crime in Colorado, you could lose your job, reputation or even your freedom. You are facing punishment for something you did not do.

Beyond seeking damages from your original attorney, Mr. Viorst can help you with an appeal of your conviction based on ineffective assistance of counsel. In criminal defense, poor representation can lead to unfair convictions or harsher sentences. This includes not investigating evidence that could clear you, failing to object to improper evidence or procedures or giving bad plea advice that leads to a worse deal. Proving this requires showing a “case within a case” – that your attorney’s mistakes directly caused a different outcome, like a conviction instead of an acquittal, a worse charge or a longer sentence. For example, if an attorney does not interview important witnesses or challenge improper evidence, and this leads to a conviction, you may have a valid malpractice claim. The focus is on proving their carelessness caused the bad outcome.