If a legal situation arises, most people will turn to a legal professional for advice and assistance. When you hire an attorney, there is a good faith understanding that both parties will abide by the contract you have. There is a consistent standard of conduct that attorneys are held to, and when a lawyer violates this standard, he or she can be held legally responsible.
Simply losing your case does not constitute legal malpractice. However, if you believe you may have a legal misconduct case, your best bet is to find additional reliable legal information.
Do I Have an Attorney Malpractice Case?
If you think your attorney has made serious errors that could constitute malpractice, your best bet is to discuss your concerns with a legal malpractice attorney. It can be challenging to win a malpractice case with an attorney, and is extremely difficult to handle on your own.
Malpractice occurs when a lawyer takes actions that most other lawyers would not have taken, or fails to take action when most other lawyers would have. Just because your attorney failed to win your case does not mean that he or she is guilty of legal malpractice in Colorado.
In order to successfully sue a lawyer for malpractice, you and your new attorney must meet the following four criteria.
- You must prove that the attorney had a duty to you to act a certain way. If you have retained an attorney for your case, you have established an attorney-client relationship, and usually you and the attorney have a contract.
- You must prove that the attorney breached that duty through negligence, making a mistake, or failing to live up to agreements. This can be difficult to prove, but it generally means that the attorney did not exercise the diligence and care that is commonly exercised and expected by other attorneys. It does not mean that the attorney simply failed to win your case.
- You must prove that the attorney’s breach of conduct caused you to suffer financially, which usually means that their misconduct caused you to lose your legal case, and if the attorney had taken different actions, you can reasonably believe that you would have won.
- You must prove that you suffered financial damages due to the attorney’s actions.
Legal malpractice may include things like making a decision or settling your case without your consent, spending your retainer on anything other than your legal case, or failing to take action or do what the attorney agreed to do for your case.
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How Can a Malpractice Attorney Help with My Case?
Trusting a malpractice lawyer with your legal issues may seem like the most risky move you can make following a bad experience with your previous attorney. However, when you initiate a case against an attorney, you know that he or she will have the best representation possible.
In order to win your legal malpractice case and to receive the damages to which you may be entitled, contact a legal malpractice attorney outside of your previous lawyer’s firm to help. Contact Anderson Hemmat to schedule your initial consultation with a legal malpractice lawyer today.