Suing For Legal Malpractice
Legal malpractice is not solely a “bad” or “unfortunate” outcome in a case. Just because a divorce attorney gave you advice that turned out to be “wrong,” it does not necessarily mean he or she is liable of 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.
Mistakes that rise to the level of malpractice can be caused by screwing up a prenuptial that opens you to significant liability and lengthy litigation. In the divorce process, sub-par representation can lead to bad results that may be difficult or impossible to change.
At Kaplan Law L.L.C., our attorneys have served as expert witnesses in other legal malpractice trials. We are uniquely qualified to review whether malpractice occurred in your case. We have assisted clients in Denver and throughout Colorado. Our lawyers are frequently called in after the fact to fix bad results whether they related to malpractice or not. Using our knowledge of Colorado law and past experience, our team is able to resolve legal malpractice cases efficiently.
More Than Mere Allegations
Beyond establishing the lawyer’s negligence, you also need to prove this was the legal cause of some actual monetary damage. Speculation, surmise or the possibility/probability that the wrongful conduct cost you money or resulted in a lopsided outcome is not enough to support a case. For example. alleging that the underlying case should have settled for more, or might have resulted in a higher verdict at trial, is generally not enough.
Our lawyers may be able to go back to the trial judge and argue that an error or omission justifies a modification of an existing order. In another situation, a suit against the original attorney may be the only remedy.
Analyzing Cases For Legal Malpractice
Do you have concerns that you were the victim of legal malpractice? To prove malpractice, you must have actual damages (what you would have recovered in the “underlying” action, but for the negligent representation of a prior lawyer). Our attorneys have testified as expert witnesses in these trials and know how to determine whether you have a case.