Denver Legal Malpractice Attorneys
“Legal malpractice” is the term describing negligence and breach of contract by an attorney that results in harm to his or her client. Lawyers, doctors, dentists, engineers, and other practicing professionals occasionally make mistakes. If a lawyer makes an error, that hurts his or her client, then the lawyer should be ultimately responsible for the harms and losses caused. Most lawyers would agree that in a situation where legal malpractice has occurred, they will be held accountable. This is the main reason lawyers carry “malpractice insurance.” This type of insurance covers the costs of being sued for negligence or malpractice.
Legal malpractice can occur in a variety of situations. Many times, the attorney’s negligence is clearly apparent. An example of this circumstance would be when an attorney misses the statute of limitations and fails to file suit within the time allowed under the law. When this happens, the client’s claim is forever barred. In this situation, the legal malpractice is obvious.
However, in other cases, the attorney’s “standard of care” is not clear and is open to debate. In these situations it becomes necessary to hire expert witnesses (usually another attorney) to provide an opinion on whether the mistake constitutes malpractice.
Finally, once malpractice is established, it becomes necessary to prove the damage caused by the negligence. Many times this is known as the “case within the case.” For example, if a lawyer misses the statute of limitations for a personal injury case, the next critical question is “What was the case worth to begin with?” In other words, what is the amount of damages caused by the lawyer’s mistake? This type of case can often become a costly, time consuming effort on behalf of both parties involved. It is important to justify the claim, damages and possible outcome of the case to determine moving forward.
If you believe you have been the victim of legal malpractice, please contact us today. Time is of the essence and the expert attorneys at Fuicelli &anol Lee, P.C. are here to help.