Ogborn Mihm LLP
1700 Lincoln Street, Suite 2700
Denver, CO 80203
Nicole M. Quintana
Legal malpractice follows the notion that if a lawyer was negligent and failed to provide the service expected of him or her, resulting in damages, you have the right to seek compensation for those damages. Get help from a Denver legal malpractice attorney at Ogborn Mihm LLP.
Legal malpractice occurs when a lawyer fails in his duties to you as a client. Some examples of legal negligence include:
Note that just because your legal case does not resolve in your favor does not mean that your lawyer was negligent and committed malpractice. You must have evidence to prove that your lawyer’s conduct was below the standard expected of another reasonable lawyer.
Evidence in a legal malpractice case revolves mainly around the correspondence and documentation related to your original legal case. Some types of evidence to collect include:
You should keep a record of all the times you attempted to contact your lawyer and who, if anyone, you spoke to. Another asset to your case is having a lawyer practicing the same type of law who can testify to the negligence of your original lawyer. Many Colorado legal malpractice attorneys have connections with these expert witnesses.
You will file your claim against the lawyer through his professional liability insurance policy. Your claim for damages needs to include evidence showing the lawyer’s negligence regarding your claim and evidence of the losses you suffered due to his conduct, e.g., legal fees, and court fees.
Damages in a legal malpractice case cannot be speculative; they must be calculable damages, such as the fact that you lost your entire claim because your lawyer failed to file the claim prior to the statute of limitations.
Note: You must file your claim within the two years following the malpractice event as per Colorado’s statute of limitations.
Remember that you are filing a claim for damages against a lawyer, so there is a good chance he will not back down and may offer you the lowest amount possible. Prepare yourself for the potential for lengthy negotiations and counter-offers. If your original lawyer does not agree to your demands and refuses to negotiate a fair settlement, you may need to take your case to trial in a Colorado County Court or District Court.
A Denver legal malpractice lawyer at Ogborn Mihm LLP can help you file your claim, gather evidence, negotiate a settlement, and, if necessary, fight for you in court.