Suing Your Criminal Defense Attorney For Legal Malpractice
Last updated on June 26, 2026
When criminal defense representation falls below the required professional standard, the consequences can affect your liberty, criminal record and family stability. These cases involve complex proof requirements, so it is critical to seek guidance from an experienced lawyer who sues other lawyers for malpractice to see if you have a case.
The Viorst Law Offices, P.C., helps clients in Denver and throughout Colorado evaluate whether serious criminal defense failures may support a civil claim. With 30-plus years of experience, we understand that these cases require a careful review of what happened in the underlying criminal case.
When Is A Bad Criminal Case Outcome More Than Just A Bad Result?
If you are asking, “Can I sue my lawyer for ineffective counsel?” the answer depends on why the criminal case ended the way it did. A guilty plea or an unfavorable plea bargain does not automatically prove professional negligence. Criminal cases involve:
- Evidence
- Witnesses
- Police conduct
- Prosecutors
- Judges
- Difficult strategic choices
A claim becomes stronger when you prove that the criminal defense representative did something a reasonably careful professional would not have done or failed to do something that should have been done under the circumstances.
This is why criminal defense malpractice claims are fact intensive. Our lawyers review all the available records to determine whether the issue is actionable negligence or simply the painful result of a difficult criminal prosecution.
Does Actual Innocence And Post-Conviction Relief Matter In Colorado?
For a Colorado criminal defense malpractice claim, the conviction must be addressed before civil damages can be recovered. This is sometimes discussed as the actual innocence or post-conviction relief requirement.
A civil court is not going to award money based on a criminal conviction that still remains legally valid. If the conviction has not been overturned, vacated, reversed or successfully challenged, the malpractice claim may be premature or legally blocked.
For many clients, this distinction can be frustrating. You may believe your defense was mishandled, but Colorado law may require you to first seek relief in the criminal case before pursuing damages. That is why legal malpractice criminal defense Colorado claims must be reviewed with the criminal record and civil claim requirements in mind.
What Are Clear Examples Of Criminal Defense Malpractice?
Actionable malpractice usually involves serious failures that no reasonable defense professional should have allowed. Examples may include:
- Failing to interview alibi witnesses: If a witness could have placed you somewhere else or supported a key defense, ignoring that witness may cause major harm.
- Failing to file obvious suppression motions: If police obtained evidence through an unlawful search or interrogation, a missed suppression issue may affect the entire case.
- Failing to communicate plea deals: You have the right to know about plea offers so you can make informed decisions before trial or sentencing.
- Failing to disclose conflicts of interest: Representation may be compromised if divided loyalty affected judgment or communication.
- Ignoring key evidence or deadlines: Missed filings or failure to investigate basic facts may support an attorney negligence criminal case claim.
These examples do not automatically prove liability, as each must be tied to causation. If you are considering suing for criminal defense lawyer representation, the central question is whether the mistake caused a worse legal outcome than you likely would have faced with proper representation.
What Procedural Hurdles Apply To Colorado Legal Malpractice Claims?
The general statute of limitations is two years, but timing can become complicated when the underlying criminal case is still on appeal or post-conviction relief is pending. The deadline may depend on when the injury was discovered, when it should have been discovered and whether the criminal judgment has been successfully challenged.
Colorado also has a strict Certificate of Review requirement in professional negligence cases. In many malpractice lawsuits, the plaintiff must file a Certificate of Review within 60 days after filing the complaint. This certificate confirms that a qualified professional has reviewed the case and that the claim is not baseless.
Frequently Asked Questions
These answers address common questions from people considering a Colorado criminal defense malpractice claim.
Can I sue my criminal defense lawyer if I went to prison?
Possibly. Going to prison does not automatically prove malpractice. In Colorado, you usually must first obtain post-conviction relief, have the conviction vacated or successfully challenge the sentence before a civil malpractice claim can move forward.
What is the difference between ineffective assistance and legal malpractice?
Ineffective assistance is usually raised in a criminal case to challenge a conviction or sentence. Legal malpractice is a civil lawsuit seeking financial compensation for harm caused by professional negligence.
What is the statute of limitations for suing a defense attorney in Colorado?
The deadline is two years, but criminal defense malpractice timing can be complicated. Appeals, post-conviction proceedings and the Certificate of Review requirement may all affect the analysis.
Take Action Today
The Viorst Law Offices, P.C., helps clients in Denver and throughout Colorado with legal malpractice matters. If a criminal defense lawyer’s severe negligence cost you your freedom or forced an unjust outcome, contact our professional liability team at 303-872-5712 or send us an email for a free initial confidential review of your case.
