Helping to Remedy Poor Outcomes Caused by Other Lawyers & Resolve Fee Disputes
Legal malpractice occurs when an outcome is beyond just bad or unfortunate. Just because any attorney gave you advice that turned out to be wrong does not mean he or she is liable of malpractice. What creates liability is the lawyer’s failure to act as a reasonably competent lawyer would have acted in the same or similar circumstance, and that the failure to meet that standard caused the damages you suffered. Marc Kaplan has served as an expert witness in legal malpractice cases and has years of experience representing victims of professional malpractice. The lawyers at Kaplan Law, L.L.C. are uniquely qualified to review whether malpractice occurred in your case. Let our Denver legal malpractice lawyers help you protect your outcome.
Analyzing Cases for Legal Malpractice
Our lawyers are frequently called in after the fact to analyze bad results and render opinions on whether they related to legal malpractice. Using our knowledge of Colorado law and past experience, our team is able to determine whether there is a viable legal malpractice case, and also whether pursing a case is economically feasible for the client. Then, if a claim is warranted, Marc Kaplan and the client will devise a strategy for either settlement or trial, depending on the damages that can be reasonably obtained and the financial cost of pursing the claim.
When Is a Lawyer’s Behavior Malpractice?
Mistakes that rise to the level of malpractice can be caused by something such as improper analysis or research, poor drafting of an agreement, failure to meet deadlines, incompetence in preparing or trying a case, to name just a few. Mistakes caused by lawyers can often result in losing a case, suffering financial loss, and incurring unnecessary attorney's fees. In some cases, a lawyer's mistake may result in opening you to significant liability and lengthy litigation. In the divorce or civil processes, sub-par representation can lead to bad results that may be difficult or impossible to change.
More Than Mere Allegations
Speculation, surmise, or the possibility/probability that the wrongful conduct cost you money is not enough to support a case. Often the key is in finding actual proof that the conduct was negligent, and that the negligence caused the damage incurred by the client. This aspect, called causation, is often hard or impossible to prove without speculation or taking risk in proving what would have happened if not for the negligent conduct. The attorneys at Kaplan Law L.L.C. will give you honest advice if your case is not worth your investment of time or money.
Sometimes while analyzing a potential malpractice case, the attorneys at Kaplan Law L.L.C. discovery a way to fix or minimize the damage caused, in the trial court or through an appeal. However, there are very short deadlines that must be met to go back to the trial court or appeal the orders of the court, so the sooner the client acts the more likely the time limitations are met.
Also, in certain situations, special notices must be sent out to preserve your right to sue. Therefore, it is extremely critical not to delay having a potential claim analyzed. Many very good cases have been thrown out of court due to delays in bringing those claims or in delays in consulting a malpractice lawyer.
Analyzing Fee Disputes
Clients also may owe money to lawyers for work suspected to be negligent or unnecessary. The attorneys at Kaplan Law L.L.C. have experience handling fee disputes, and have lectured other lawyers on what is a reasonable fee and the consequences of charging an unreasonable fee. If you feel that you may be charged an unreasonable fee, or if fees were for negligent work, the attorneys at Kaplan Law L.L.C. are available to consult or represent you with respect to that dispute.
Schedule a free initial consultation with one of our experienced Denver-area legal malpractice attorneys. Call (303) 747-4748 now.
We maxmize settlement through mediation & obtain your goals by being well prepared at hearings and trials.
On the front end, we listen to you to understand your goals.
Our attorneys think outside the box to develop a strategy within your budget.
To implement our plans of action, we identify key facts, experts and conduct aggressive discovery.