At Chalat Hatten & Banker, we only handle legal malpractice claims involving an underlying personal injury case. We do not represent clients in legal malpractice matters arising from family law, criminal defense, business disputes, estate planning, or other areas of law.
Attorneys have a duty to competently represent their clients and protect their legal rights. When a lawyer’s negligence causes you to lose compensation in a personal injury case, you may have grounds for a legal malpractice claim.
Examples of legal malpractice include: Missing the statute of limitations or other critical deadlines, failing to comply with court orders or discovery obligations, neglecting to properly investigate or prepare your case, mishandling settlement negotiations or significantly undervaluing your claim, breaching fiduciary duties or otherwise failing to provide competent representation.
If you have been seriously injured in an accident, contact us for a 100% free consultation.
To pursue a legal malpractice claim, a client must show that the attorney’s actions were not merely the result of poor strategy or judgment, but that the professional work was substandard to that which would be provided by a reasonable attorney. When you require legal representation, you expect your attorney to act in your best interest. If your attorney misses a deadline for filing your claim or a court appearance, it can result in your case being unjustly dismissed.
The statute of limitations is a deadline established by law by which time you must file your lawsuit or be forever barred. For most personal injury matters, this period is two years. Thus, you have two years from the date of your injury, or more precisely, when you knew or should have known that you had suffered an injury in which to file your claims. In Colorado, injuries suffered in auto accident cases now enjoy a three-year statute of limitations. Calculation of your deadline is usually straightforward. Ask your attorney when your statute of limitations period expires and mark it on your calendar. Surprisingly, for something that is so elementary, over 13% of all legal malpractice cases arise for failure on the part of the attorney to file claims in a timely manner.
Your claims should never be compromised without your full knowledge or consent. Thus, a demand for settlement should never be made on your behalf without your full authority. A settlement cannot be accepted on your behalf without your approval. You have the final say.
Conversely, your attorney is obligated to inform you of any settlement offers, even if the offer is lower than what you indicated you would accept. You also have the right to be fully informed of the status of your case. Ask questions and insist on answers which you understand. Your lawyer has a duty to provide clear explanations that enable you to make informed decisions regarding your case. Lawyers acting in the client’s best interest, especially in personal injury cases, communicate frequently. If months go by without a word on your case, investigate what is happening. Litigation is a slow process, but an aggressive attorney usually can progress a case quickly enough to require monthly updates at least.
Colorado law requires that in every case in which the attorney agrees to handle the matter in return for a portion of the recovery, commonly known as a “contingency fee” basis, there must be a written fee agreement executed by the attorney and the client. It is the attorney’s responsibility to prepare a valid fee agreement. If you have a dispute over fees owed to your attorney, and you have no written fee agreement, you may wish to speak to a legal malpractice attorney concerning your situation.