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Denver Legal Malpractice Attorney

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.

Understanding Legal Malpractice Insurance

Legal malpractice insurance protects attorneys from financial risks and offers potential compensation for clients harmed by professional negligence. However, this insurance can also impact a client’s ability to recover damages in a legal malpractice case. If your attorney carries malpractice insurance, it may increase the likelihood of collecting compensation for your losses.

Insurance policies cover specific claims, but limits on coverage and exclusions can affect the payout. Mr. Viorst can help you determine whether your attorney was insured and the scope of that coverage – a significant step in pursuing a malpractice claim.

Steps To Take If You Suspect Malpractice

As a victim of legal malpractice, your path to justice starts with taking prompt and strategic action. Recommended steps include:

Gather and preserve all documentation related to your original legal case
Obtain a comprehensive copy of your case file from the previous attorney
Request communication and document all attempts if met with resistance
Schedule a consultation with a legal malpractice representative
Bring all relevant documents to the initial consultation
Prepare a detailed account of how the attorney’s actions negatively impacted your case
Collect evidence of financial losses or missed legal opportunities
Be ready to discuss the specific errors or negligent actions you believe occurred

Be cautious about waiting too long, as Colorado imposes a two-year statute of limitations on filing legal malpractice claims. Throughout your case, the focus remains on being your legal defender. Attorney Viorst can review your case details and guide you on the best course of action to hold the negligent attorney accountable.

What Are The Differences Between Legal Malpractice And A Bad Outcome?

Not every lost case or decision you disagree with constitutes malpractice. Legal malpractice occurs when an attorney’s negligence directly causes harm, such as financial loss or deprivation of justice.

For instance, if an attorney fails to meet a filing deadline or misapplies the law, this could lead to malpractice if it impacts the case’s outcome. On the other hand, a bad outcome, despite reasonable efforts by your lawyer, does not meet the threshold for malpractice.

Why Is Timely Action Important In Legal Malpractice Cases?

Time is of the essence when dealing with legal malpractice cases. Colorado’s two-year statute of limitations means you have a limited window to file your claim after discovering your attorney’s negligence. This deadline is strict and missing it can permanently bar you from seeking compensation, regardless of how strong your case might be.

The clock typically starts ticking from the moment you knew or should have reasonably known about your attorney’s negligence and the resulting harm. However, determining this exact date can be complex, which is why consulting with a legal malpractice attorney promptly is crucial. Evidence can deteriorate, witness memories fade and important documents may be lost with time.

How Do I Choose The Right Legal Malpractice Attorney?

Selecting the right attorney for your legal malpractice case requires careful consideration. Look for a lawyer with extensive experience specifically in legal malpractice cases, not just general litigation. They should have a proven track record of success in similar cases and be able to provide references or examples of past victories.

Consider their professional reputation, including peer reviews and standing with the Colorado Bar Association. The attorney should be willing to explain their strategy clearly and keep you informed throughout the process. Make sure they have the resources and dedication to handle your case effectively.

What Do I Do If I Suspect Legal Malpractice?

If you suspect your attorney has committed malpractice, take immediate action to protect your rights. Start by documenting everything related to your case, including all communications with your attorney, important dates and any evidence of negligence. Keep copies of all legal documents, correspondence and billing statements.

Avoid confrontational discussions with your current attorney, as these conversations could potentially be used against you later. Instead, seek a second opinion from a qualified legal malpractice attorney who can objectively evaluate your situation. Consider requesting your complete case file from your current attorney in writing, and maintain a record of this request. Remember that dissatisfaction with your case’s outcome doesn’t necessarily constitute malpractice, but clear evidence of negligence or misconduct warrants immediate action.

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.

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 communicate: Not updating clients about their cases or failing to respond to inquiries in a timely manner leaves clients anxious, uninformed and poorly represented.
Failure to obtain client consent: Acting on behalf of clients without their approval or against their instructions can lead to significant consequences.
Inadequate investigation or discovery: Not conducting thorough research or collecting sufficient evidence to support the case can weaken the client’s legal position.
Errors in document preparation: Creating incorrect or incomplete legal documents (motions, pleadings) that negatively impact the client’s interests can have serious repercussions.
Failure to follow client instructions: Disregarding or misinterpreting the client’s specific instructions regarding their legal representation can lead to unsatisfactory, if not detrimental, results.
Conflict of interest: Representing clients with conflicting interests without proper disclosure and obtaining their consent can jeopardize the attorney’s ability to provide unbiased and effective representation.
Missed deadlines: Failing to meet the statute of limitations or file necessary documents within court deadlines or other timelines can result in the dismissal of claims or other adverse outcomes.
Improper withdrawal from representation: Abandoning a client without reasonable notice or sufficient time for the client to secure new representation can leave the client without adequate legal support during critical stages of their case.
Negligent advice: Providing incorrect or misleading legal advice that results in harm to the client can have long-lasting consequences, making it crucial for attorneys to offer accurate and well-informed guidance.
Failure to settle or advise on settlement offers: Not informing the client of settlement offers or failing to negotiate a settlement in the client’s best interest can result in missed opportunities for favorable resolution.
Breach of fiduciary duty: Failing to act in the client’s best interests, resulting in harm, is a serious violation of the attorney-client relationship and often triggers legal malpractice claims.
Incorrect title searches: Conducting flawed title searches that lead to significant client legal issues (unexpected liens, ownership disputes, etc.) can create financial and legal burdens.
Inaccurate interpretation of applicable laws: Misinterpreting relevant laws can lead to unfavorable outcomes for the client, such as undermining their position and strategy.
Charging excessive fees: Imposing unreasonably high fees for legal services rendered can place an undue financial burden on clients and may constitute exploitative practices.
Ineffective assistance of counsel: Providing inadequate legal representation, which adversely affects the client’s case, can result in unjust outcomes, and loss of rights or opportunities.

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.