What Happens When Colorado Lawyers Hurt Your Case?
Like others in society, lawyers must use reasonable care in their professional activities. Reasonable care for lawyers is defined as the minimum standard of care applicable to attorneys practicing in that specialty. Lawyers practicing in a particular area are held to the standard of lawyers in that specialty regardless of whether they concentrate in that area or are just dabbling in it.
At the Cederberg Law Firm, attorney Jim Cederberg represents people who suffer from the actions of negligent attorneys. To learn more about holding a lawyer liable in a legal malpractice claim, contact him in Boulder, Colorado, for a free consultation.
Holding Attorneys Liable for Their Actions
Legal malpractice cases require the opinion of an expert lawyer that the conduct of the defendant fell below the standard of care. Unlike doctors, lawyers are generally approachable and willing to honestly evaluate the conduct of other lawyers. They understand the obligation of the profession to police itself.
The standard of care means that the lawyer is not liable for errors in judgment or for not preparing and presenting the case in the best or most persuasive manner. The lawyer is liable only if he or she fell below the basic standards.
A Two-Pronged Approach to Your Case
A somewhat unique aspect of legal malpractice cases is the “case within a case.” If the claim is that the lawyer handled a case poorly and caused the client to suffer an adverse outcome, then part of the proof of the malpractice case must be that the underlying case would likely have been won if the lawyer had performed adequately.
Jim Cederberg successfully handled a complex legal malpractice case against lawyers from Colorado, Oregon and Florida who mishandled a probate transaction. Two of the lawyers settled before trial and a judgment was obtained against the third after a jury trial in Denver.
Common examples of malpractice include missing filing deadlines, overlooking critical evidence or arguments, making mistakes in transactions, giving incorrect advice that a client relies on to his or her detriment or ethical violations.
If you have been a victim of legal malpractice or negligence, contact the Cederberg Law Firm for a free consultation.
