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Legal Malpractice Questions
in Denver and throughout Colorado and Wyoming
What constitutes legal malpractice?
Legal malpractice is a very specific concept. A lawyer is guilty of malpractice when he or she is guilty of one or more of the following:
- Negligence
- Breach of fiduciary duty
- Breach of contract
What constitutes negligence?
Negligence in performing legal duties means that your attorney did not meet minimum standards of care for lawyers practicing in that same area in attending to your case or your concerns. A lawyer is not required to provide perfect advice, nor is the lawyer required to provide the highest quality of advice. However, the lawyer is required to meet the minimum standard of care established by the practicing bar in the area [both geographic and specialty of practice] where the lawyer is practicing.
What is breach of fiduciary duty?
Fiduciary duty is your attorney's duty to put your interests and needs above his or her own. If your attorney were to handle your case in such a way as to enrich himself or herself, rather than for your benefit, your attorney would be guilty of a breach of fiduciary duty.
What is breach of contract?
If you and your attorney had a contractual agreement, such as a retainer agreement, any failure to meet the requirements of that contract may be considered a breach. If the attorney is found in violation of any aspect your contract with him or her, that may constitute malpractice. Generally, special consideration must be given in order to create a breach of contract claim in addition to a negligence claim arising from a single act of malpractice.
How do I prove legal malpractice?
To show that your attorney is guilty of malpractice, you must first show that:
- You had an attorney-client relationship with the lawyer. Whether that relationship was created is a factual question, and may vary based on the communications you actually had with the lawyer.
- The attorney had a duty of care to represent you. If you had an attorney/client relationship with the lawyer, and if they were asked to give you advice, this duty is created.
- The attorney was negligent, or in breach of fiduciary duty or a contract. This breach must be established through the use of expert testimony. You will need to establish the minimum standard of care for lawyers practicing in the area where your lawyer practiced, and specific ways in which the lawyer fell below that minimum standard.
- Damages. You will need to prove, by a preponderance of the evidence, that the failures of your lawyer caused you harm or damages. The harm that the lawyer caused may be economic, emotional, or a combination of the two.
If you have been harmed financially as a result of your lawyer's negligence, please call or email us today to schedule your free initial consultation. We'll review your legal malpractice claim with you and help you determine how to best proceed. We represent legal malpractice victims in Colorado, Wyoming and throughout the Rocky Mountain Region.
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Burg Simpson Eldredge Hersh & Jardine, P.C. is a law firm serving the Rocky Mountain Region. The firm has offices in Denver, Colorado, Cody, WY, Cincinnati, Ohio, & Phoenix, AZ. The Firm is responsible for the content on the website,this information is not to be interpreted as providing legal services,
nor as proposing any form of legal advice.
