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What is Legal Malpractice?

Posted On: Saturday, April 21, 2018
We answer questions about personal injury law.

It is crucial when you are choosing an attorney to represent your case to select someone who will act with great care and minimize risky practices. However, there are instances where an attorney can act in a negligent manner and jeopardize their client’s case. Also known as legal negligence, legal malpractice occurs when an attorney handles a case inappropriately by acting recklessly and harms their client as a result.

To prove that an attorney acted negligently, you will need to prove that the attorney breached their duty to provide competent representation:

  1. You will need to show that an attorney gave you legal advice or assistance, and as such, established an attorney-client relationship. In establishing this relationship, you were also owed competent and skillful representation.
  2. The second element of attorney negligence is proving that the attorney acted in a reckless or negligent manner. Keep in mind that just because the court results were not what you were expecting doesn’t mean you can sue your attorney. You will be required to prove at what point during the case your attorney acted in a negligent manner that resulted in harm to you.
  3. You must show that if the attorney had not been negligent, you would have been successful in your case. It can be a challenge to prove that legal proceedings would have been different if your lawyer had handled the case properly.

Some common kinds of malpractice include:

  • Failure to meet a filing deadline;
  • Failure to sue within the statute of limitations;
  • Failure to apply the law correctly to a client’s situation and;
  • Failure to return telephone calls.

If you strongly believe your case has been handled incorrectly due to a negligent attorney, give the Denver attorneys at Lampert & Walsh a call. We know how important it is for an attorney to do their best for their client. We won’t neglect your case and will treat it with the utmost care and importance. Call us today so we can help you hold negligent attorneys responsible for your loss.