Archive for Www Youtube

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.

Family Law Lawyer Colorado Springs iStock 000017070446XSmall 300x199 Family Law Lawyer Colorado Springs discusses Legal Malpractice

Family Law Lawyer Colorado Springs discusses Legal Malpractice

Before Suing

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.

Family Law Lawyer Colorado Springs discusses Legal Malpractice

Family Law Lawyer Colorado Springs: I want a Divorce How do I do this?

When a marriage doesn’t work out, it is sometimes best to simply just dissolve the marriage, which is most commonly known as a divorce.  A divorce is defined as “the final termination of a marriage, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between two persons.”  Many issues come up during a divorce, such as: types of divorce, filing for divorce, divorce and children, marital property division, possible interim separation, and spousal support.  With so many factors to consider and the uniqueness of situation in different couples, many questions are bound to come up, some specific to one case, while other questions are more common-themed states Family Law Lawyer Colorado Springs.

Are You Sure?

First off, you should be absolutely certain you want to get the divorce expresses Family Law Lawyer Colorado Springs. The break-up of a relationship, especially a marriage, is a very emotional event and some people change their minds later on. If you are going to get a divorce, you should understand that this will require going to court, paying for legal counsel, dividing property, making decisions about child custody and visitation, etc.

Family Law Lawyer Colorado Springs iStock 000009635701XSmall 300x199 Family Law Lawyer Colorado Springs: I want a Divorce How do I do this?

Family Law Lawyer Colorado Springs: I want a Divorce How do I do this?

Yes I’m Sure

It is important to keep any funds you earn separate once you decide to get a divorce. You are going to need that money for legal counsel, filing fees and possibly more things such as moving expenses, fees to open new bank accounts, insurance, etc. If you do not have a separate checking or savings account, get one says Family Law Lawyer Colorado Springs. You need to be aware of the property division laws in your state. You will not be permitted to take more out of a join account than you are entitled to; however, you may decide for reasons of practicality that it would be a good idea to take your half out of the joint accounts in order to avoid the other spouse stealing the money and possibly not having it when property division orders are issued. Divorce is a serious step and you should also consider how your spouse will react to the news. Consider his/her possible reactions and plan accordingly.

Legal Separation

A pre-divorce legal separation takes just as long to negotiate as a divorce, and is just as complex and expensive. Yet, legal separation may be a good idea where each spouse is positive that they will never want to re-marry or reconicle with their spouse, but there are external demands that make a divorce impossible or disadvantageous. For example, a legal separation is advantageous in situations where one spouse’s health insurance provider would cut off the coverage of an ill ex-spouse within a certain period after a divorce became final.  Further, there could be religious bases for a legal separation over a divorce. You would need to petition the family court for an order of legal separation, and you must execute a binding, court-approved agreement covering permanent division of the marital property, child custody and visitation, child support and, if appropriate, alimony payments.  You should consult with Family Law Lawyer Colorado Springs to discuss your jurisdiction’s laws and procedures for legal separations. If needed, your attorney can also help you find third party counselors or mediators who can facilitate your attempts to save your marriage.

Family Law Lawyer Colorado Springs: I want a Divorce How do I do this?