How Long Does A Legal Malpractice Case Take In Colorado?
Last updated on April 3, 2026
Legal malpractice claims can raise urgent questions about timing, responsibility and results. Many clients ask, “How long do legal malpractice lawsuits take?” The answer depends on several factors, including the complexity of the original case and the evidence required to prove attorney error. In Colorado, these claims follow a structured legal process that demands careful preparation. Working with an experienced legal malpractice attorney is essential to help ensure deadlines are met and the case is presented effectively.
At The Viorst Law Offices, P.C., we bring more than three decades of focused legal practice and a strong track record of results. Our attorney, Anthony J. Viorst, has earned recognition on the Super Lawyers list every year since 2007. From our office in Denver, Colorado, we represent clients across the state, providing strong legal representation to address harm caused by an attorney’s breach of fiduciary duty and other professional failures.
The 60-Day Certificate Of Review Requirement
One of the first steps in a legal malpractice timeline in Colorado involves filing a certificate of review. This must be completed within 60 days after serving the complaint. This is how the process works:
- We consult with a qualified expert in the same field as the original lawyer.
- The expert reviews the facts and determines whether the claim has justification.
- We file the certificate confirming that the case meets this legal standard.
This requirement is critical. If it is not completed correctly or on time, the court may dismiss the case. In Denver and throughout the state, this step sets the pace for the entire case timeline. It makes sure that only supported claims move forward, which can affect how long the case ultimately takes.
The Case-Within-A-Case Evidentiary Standard
Legal malpractice claims in Colorado involve a unique burden known as the “case within a case.” This means we must prove two things:
- First, the original attorney made a serious error such as when an attorney commits a breach of their fiduciary duty.
- Second, the client would have achieved a better result if that error had not occurred.
This process usually extends the legal malpractice timeline in Colorado because it requires reconstructing the original case. We gather records, present evidence and may call expert witnesses to explain how the outcome should have differed.
Statute Of Repose Versus Statute Of Limitations
Understanding deadlines is essential when asking, “Can I sue my lawyer for taking too long?” Colorado law sets two key time limits:
- Statute of limitations: Two years from the date the malpractice was discovered or should have been discovered
- Statute of repose: A strict limit of three years from the date of the alleged misconduct, regardless of discovery
We guide clients in Denver, Colorado, and statewide through these deadlines step by step:
- Identify when the error occurred
- Determine when the harm became known
- File the claim within the applicable time frame
Missing either deadline can prevent a case from moving forward. These time limits directly impact how long legal malpractice lawsuits take, as delayed action can shorten the available window to build a strong claim.
What To Expect During Discovery
Discovery is usually the longest phase in a legal malpractice case. During this stage, both sides exchange information and build their arguments. The discovery process includes:
- Written questions known as interrogatories
- Requests for documents and case files
- Depositions of the attorney, client and expert witnesses
In Denver, discovery can last several months to over a year. The length depends on how much evidence must be reviewed and how contested the issues are. We work closely with clients to prepare responses, gather documents and present a clear case.
This stage hugely impacts the outcome. It also heavily influences the overall legal malpractice timeline in Colorado, especially in complex claims involving multiple parties or detailed case histories.
Let Us Help You
If you are asking, “How long do legal malpractice lawsuits take?” The answer depends on careful preparation and strong legal representation. At The Viorst Law Offices, P.C., we guide clients in Denver and across Colorado through each step with precision and determination.
If you believe your attorney failed to meet professional standards, call us at 303-872-5712 to book an initial free case review or submit an inquiry via our contact form.
