Archive for Malpractice Law
Family Law Lawyer Colorado Springs discusses Legal Malpractice
Legal malpractice occurs when a lawyer fails to render competent professional service to a client and the client is damages as a result of the failure. The three major theories of liability are negligence, breach of fiduciary duty, and breach of contract. To prove malpractice, i.e., to establish your lawyer’s liability, you must prove that your lawyer owed you a duty to represent you competently, that he or she made a mistake or otherwise breached the duty owed to you, and that your lawyer’s mistake harmed you, causing you damages. Additionally, you must file your lawsuit within the statutory time period or “statute of limitations” established by state law for legal malpractice claims says Family Law Lawyer Colorado Springs.
Types of Claims
Every case is different, but legal malpractice claims usually fall under three categories: Negligence, Breach of fiduciary duty, and Breach of contract. Negligence happens when your attorney fails to use the skill and care normally expected of a competent attorney explains Family Law Lawyer Colorado Springs. Most legal malpractice claims that end up in court are a result of lawyer negligence. Breach of fiduciary duty usually occurs when your lawyer has a conflict of interest that harms you in some way. Breach of contract cases are brought against lawyers who violate the terms of their specific agreement with their client.
If your lawyer didn’t represent you properly, and you were harmed in the process, your lawyer might be liable to you for your loss. But before you pursue a lawsuit against your attorney, try these alternatives. Discuss fee disputes with your attorney or engage in fee arbitration. Report potential ethics violations to your state bar association. Hire another lawyer to repair the damage to an ongoing case says Family Law Lawyer Colorado Springs. If none of these alternatives brings satisfaction, you may want to consider a legal malpractice claim against your attorney. This type of case is difficult to prove, so you’ll want to thoroughly investigate your chances of success before proceeding.
Proving a Case
To win a negligence case against a lawyer, you must prove the following. Your lawyer owed you a duty to competently represent you. He or she made a mistake or otherwise breached the duty owed to you. Your lawyer’s mistake injured or harmed you in a way that can be measured financially. Legal malpractice attorneys usually charge a contingency fee of between 40 and 50 percent of the amount you eventually receive. This is a higher contingency fee than other types of negligence cases, because the legal malpractice lawyer has to work harder at proving a legal malpractice case. Any legal malpractice lawyer considering taking your case will want to know whether your original lawyer had malpractice insurance to cover your losses. Your new attorney will balance whether your provable losses are high enough to risk investing the time and energy to take the matter to trial says Family Law Lawyer Colorado Springs.