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LEGAL MALPRACTICE

Lawyers make mistakes. Such mistakes may cause irreparable damage to the client. In addition, sometimes a client is damaged by his lawyer's intentional conduct. Lawyers are not above the law. When a client is damaged by his lawyer's mistake or conduct, the lawyer may be liable for "legal malpractice." At MEIER & GIOVANINI we assist clients everyday who have been damaged by their lawyer's mistake or conduct.

This page is a brief overview of legal malpractice. This is a complex area of the law and this summary is not intended to be an exhaustive study. Each legal malpractice case is unique. If you believe your lawyer's mistake or conduct may have damaged you, call MEIER & GIOVANINI for a confidential free telephone consultation.

NEGLIGENCE

If a lawyer makes a mistake which damages his client, the lawyer may be liable to the client under the theory of negligence. A lawyer must act as a reasonably careful lawyer. If your lawyer failed to do what a reasonably careful lawyer would have done under the same or similar circumstances, then your lawyer may be liable for negligence. Some common areas of lawyer negligence include the following:

• Missing the statute of limitations.
• Failing to properly advise the client.
• Taking a case for which the lawyer is not qualified.
• Mishandling of a case.
• Improperly withdrawing from a case.
• Failure to adequately investigate or evaluate a case.
• Missing court deadlines.

This list is only illustrative and there are many other instances when a lawyer may be liable to his client for negligence. If you have questions about your case call MEIER & GIOVANINI for a free telephone consultation.

BREACH OF FIDUCIARY DUTY

The relationship between a lawyer and his client is a special relationship, known as a fiduciary relationship. This means that a lawyer owes his client the duty of undivided loyalty. A lawyer must put the interest of his client above the interests of himself and others. If a lawyer has a conflict of interest or an improper motive he may have breached his duty of undivided loyalty and be liable for breach of fiduciary duty. A lawyer also owes his client the duty of confidentiality. This means that a lawyer cannot share a client's confidential information with others without the proper authority. If a lawyer does so this may also be a breach of fiduciary duty.

THIS PAGE IS ONLY A BRIEF SUMMARY OF LEGAL MALPRACTICE. IF YOU THINK YOU MAY HAVE A LEGAL MALPRACTICE CLAIM YOU SHOULD CALL MEIER & GIOVANINI AT (303) 985-7500 OR ANOTHER ATTORNEY IMMEDIATELY. IF YOU WAIT TOO LONG YOUR CLAIMS MAY BE TIME BARRED AND YOU MAY FORFEIT YOUR RIGHTS.

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