Denver Legal Malpractice Attorneys
Kaplan Law is a distinguished Colorado law firm representing clients who have been the victim of legal malpractice in Colorado's Front Range, as well as throughout the state. We have offices conveniently located in Boulder and Denver to serve our malpractice clients. The experienced legal malpractice attorneys and support staff at Kaplan Law use our knowledge of Colorado law and our outstanding legal expertise to quickly resolve your legal malpractice case. If you have been the victim of legal malpractice, contact attorney Marc J. Kaplan at Kaplan Law.
Legal or attorney malpractice can be described as a lawyer's failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.
This does not mean that every time there is a "bad" or "unfortunate" outcome in a case there has been malpractice. It does not mean that just because an attorney gave what turned out to be "bad" or "the wrong" advice that he is liable for malpractice. No professional is an insurer of a positive outcome for his client. What creates liability is the lawyer's failure to act in the manner the ordinary or reasonable lawyer would act in handling that matter for his client.
Beyond establishing the lawyer's negligence in rendering professional services, a plaintiff must also prove that the negligence was the legal cause of some actual damage to the plaintiff. Damages may not be based upon sheer speculation or surmise, and the mere possibility or even probability that damage will result from wrongful conduct does not render it actionable. It is not sufficient to allege that the underlying case should have settled for more, or might have resulted in a higher verdict at trial. It is not sufficient to allege that "if" the plaintiff had been given the right advice, he might have spent less money in a transaction, or might have received more in the transaction.
For legal malpractice in litigation cases, the need to prove actual damages requires the plaintiff to prove what he would have recovered in the "underlying" action, and that he was denied that recovery by the actions of the lawyer. If you have been the victim of legal malpractice you should contact a lawyer immediately.