Legal Malpractice

Denver Legal Malpractice

At Avery Law Firm, we have been nationally recognized for our outstanding performance handling legal malpractice cases. We represent people who have suffered damages as a result of mistakes by their attorneys. We also defend lawyers against legal malpractice claims.

Legal malpractice is more complex than it might appear on the surface. Just because your lawyer made an error does not necessarily mean that he or she is guilty of malpractice. It takes an attorney with experience and understanding of the law to determine if you have a case. We offer a free initial consultation to evaluate your case and answer your questions.

What is Legal Malpractice?

Legal malpractice occurs only when an attorney makes a mistake that causes damage to a person (usually but not always the lawyer’s client) in a measurable way and can include any one of the following:

  1. Conflict of Interest – An attorney must immediately disclose to the client any potential, perceived or real conflicts of interest, or withdraw from or decline representation. If your attorney did not disclose a conflict of interest, you may have a legal malpractice or breach of fiduciary duty claim based on the conflict of interest.
  2. Breach of Fiduciary Duty – A law firm’s fiduciary duty to a client extends beyond fees, costs and billing statements. A lawyer is obligated to put the client’s interests ahead of their own in most cases, and to maintain a professional relationship with the client. Attorneys are also responsible for the timeliness and accuracy of advice they provide. A breach of fiduciary duty can involve engaging in sexual relations with a client, advancing a claim against a former client, breach of a standard of care (failure to follow trial rules, violations of law), breach of client confidentiality, over-billing, or a myriad of other situations. A specific analysis of each fact pattern is necessary to determine if a breach of fiduciary duty has occurred.
  3. Missed Statute of Limitations – Your lawyer is responsible for knowing the statute of limitations and filing deadlines necessary to move your case forward in a timely manner. Unfortunately, attorneys sometimes miss important filing deadlines, causing cases to be dismissed, and are responsible to the client for the loss of value of the case and paid fees as a result.
  4. Failure to Properly Advise – Lawyers have a responsibility to advise clients of generally recognized risks and benefits associated with a client’s decision. If your lawyer does not properly advise you and you suffer significant damages as a result, you may have a case of legal malpractice against your attorney.
  5. Breach of Contract – Lawyers have a duty to fulfill their contractual obligations in a competent manner. If your lawyer fails to complete the subject of the contract, and you are seriously damaged as a result, then you may have a legal malpractice case against your attorney.

 

Free Legal Malpractice Consultation

To discuss your case with our Denver legal malpractice lawyer, call 303-840-2222 or fill out the contact form.

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