Winning a legal malpractice lawsuit can be a difficult task. There are several factors that a plaintiff will need to prove in order to be victorious. Often, legal malpractice happens because of negligence, breach of fiduciary duty, or a breach of contract. In this blog, we explain how to prove fault in a legal malpractice case.
To prove legal malpractice under negligence, a person will need to show the following things:
A plaintiff will also need to establish that had the attorney been competent, they likely would have won the underlying case. This aspect is known as “causation” and is usually the most difficult thing to prove in a legal malpractice suit.
Below, we list some common scenarios that might qualify as legal malpractice:
If you suspect that your lawyer is guilty of malpractice, you should immediately file a formal complaint with your state's attorney regulatory agency. This is particularly true when it comes to misused funds. Complaints about a client’s stolen money are taken seriously and usually receive a prompt response.
Do you think your attorney is guilty of legal malpractice? Contact our Boulder legal malpractice attorneys to get started on your case today.