Klein Frank, P.C. Klein Frank, P.C.

How Do I Prove Legal Malpractice?

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:

  • The attorney in question owed a duty to provide competent and skillful representation
  • The attorney in question breached their duty by acting carelessly or by making a mistake
  • Injury or harm was the result of a breach
  • The harm caused financial loss

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.

How do I Differentiate Between a Bad Job and Malpractice?

Below, we list some common scenarios that might qualify as legal malpractice:

  • The attorney stops working on your case
  • The case was thrown out of court because the lawyer did no work
  • The lawyer settles your case without your permission
  • The lawyer misused money that you paid to retain their services.

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.