Similar to other professionals, attorneys are obligated to act in their clients’ best interests while adhering to high standards. Legal malpractice occurs when your attorney fails to represent you. Whether your attorney neglected to file your claim on time, was unable to abide by court orders and discovery requirements, failed to conduct adequate discovery on your behalf, or engaged in improper conduct such as sexual advances towards you, you could have the basis for a legal malpractice lawsuit.
If your attorney drastically reduces the valuation of your case without an apparent reason, there may be cause for being suspicious of the attorney’s motives. Many instances in which the attorney has “overlooked” a critical detail are settled quickly before the client is allowed to learn of the attorney’s negligence. If you feel you may have a legal malpractice claim against your present attorney, you may wish to pursue a claim even before the underlying litigation (or the case the negligent attorney is or was handling) is concluded. If your lawyer is negligent in their representation of you as a client, has breached a fiduciary duty, or breached a contract, then you may have a legal malpractice claim against the lawyer.
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.
Begin your case review process
Start with a free, no-obligation conversation with one of our experienced attorneys. We’ll listen to the details of your accident, answer your questions, and provide initial guidance on your legal options.
If you decide to move forward, we’ll get to work gathering the evidence needed to support your claim. This may include reviewing incident reports, speaking with witnesses, and assessing any medical documentation.
Once we’ve reviewed your case, we’ll explain your rights and provide a clear, step-by-step plan tailored to your situation. You’ll always know what to expect next.
Whether it’s negotiating a settlement or going to court, we’ll be by your side every step of the way, working to secure the best possible outcome for you.
Begin your case review process
Start with a free, no-obligation conversation with one of our experienced attorneys. We’ll listen to the details of your accident, answer your questions, and provide initial guidance on your legal options.
If you decide to move forward, we’ll get to work gathering the evidence needed to support your claim. This may include reviewing incident reports, speaking with witnesses, and assessing any medical documentation.
Once we’ve reviewed your case, we’ll explain your rights and provide a clear, step-by-step plan tailored to your situation. You’ll always know what to expect next.
Whether it’s negotiating a settlement or going to court, we’ll be by your side every step of the way, working to secure the best possible outcome for you.
If you believe your attorney was negligent in their representation of you, you have options. Contact Chalat Hatten & Banker to schedule a free initial consultation with one of our accomplished legal malpractice attorneys.