Pursuing Legitimate Claims by Honest People Injured by Defective Products and Irresponsible Insurers

No Obligation Initial Consultation 303-377-6700

Summary of Colorado Legal or Attorney Malpractice

Losses or Damages Caused by Bad or Incompetent Legal Representation

"As a matter of law, in order to establish a legal malpractice claim, three elements must be proved: (1) the attorney owed a duty of care to the plaintiff, (2) the attorney breached that duty, and (3) the attorney proximately caused damage to the plaintiff." Stone v. Satriana, 41 P.3d 705, 712 (Colo. 2002).

"Colorado follows the 'discovery rule,' which states that a legal malpractice cause of action accrues when the client discovers, or through use of reasonable diligence should have discovered, the negligent conduct and damage." Morrison v. Goff, 74 P.3d 409, 411 (Colo. App. 2003).

"Establishing causation in a legal malpractice action requires the plaintiff to prove what has been characterized as a “case within a case.” See Miller v. Byrne, 916 P.2d 566, 579 (Colo. App.1995). The plaintiff must demonstrate that the claim underlying the malpractice action should have been successful if the attorney had acted in accordance with his or her duties." Bebo Const. Co. v. Mattox & O'Brien, P.C., 990 P.2d 78, 83 (Colo. 1999).