Legal Malpractice Litigation

Experienced Legal Malpractice Counsel.

We are one of the few law firms in the United States that focuses on representing plaintiffs in legal malpractice lawsuits. Legal malpractice is a highly specialized area of trial practice and it requires the trial lawyer to be able to try cases involving many different areas of the law and teach very technical legal issues to a jury or court.

We are among the most experienced legal malpractice attorneys in Colorado, for either the plaintiff or the defendant lawyer. Elizabeth Starrs and Michael Mihm both have been selected by their peers for inclusion in The Best Lawyers in America^® in the field of legal malpractice. Our lawyers collectively have tried more legal malpractice cases to verdict than any other law firm in Colorado. For a sample of some of the cases that we have handled, please click here.

About Legal Malpractice Cases.

Lawyers' professional liability cases (also called legal malpractice or attorney negligence cases) are among the most complex cases filed in courts today. Lawyers' professional liability litigation is complex because it can touch on any area of the law and on any industry involving a lawyer or law firm.

Professional liability cases are usually multi-layered (sometimes called the “case within the case” or the “deal within the case”). Not only must a court or a jury decide whether the defendant lawyer made a mistake, but the court or jury must decide whether the mistake caused harm to the plaintiff. That analysis requires the jury or court to decide issues in the underlying transaction or lawsuit in addition to deciding whether or not the defendant lawyer was negligent. Legal malpractice lawsuits often involve allegations of breach of fiduciary, fraud or other malfeasance by lawyers beyond professional negligence. Legal malpractice claims are often part of a larger business tort or fraud litigation that we handle on behalf of our business clients. As such, lawyers' professional liability cases are a very unique and specialized area of the practice of law. For more information about legal malpractice litigation, see our webpage Frequently Asked Questions About Suing Lawyers and Law Firms.

Our Publications on Lawyers' Professional Liability Issues.

Our lawyers are heavily involved in professional activities related to lawyers' ethical and professional responsibilities. Michael Mihm is Managing Editor of Lawyers' Professional Liability in Colorado, 2nd Ed. (CLE in Colorado, Inc., 2005, Supp. 2009), published by the Colorado Bar Association's publishing division, CLE in Colorado, Inc. Michael Mihm and Elizabeth Hyatt wrote six chapters for the book, and Mr. Mihm and Ms. Hyatt update the book each year. To review articles, chapters, case notes, or other materials that we have written on lawyers' professional liability issues, please click here.

Our Seminars and Teaching on Lawyers' Professional Liability Issues.

Our lawyers routinely conduct seminars or teach continuing legal education courses to other lawyers ranging from trial tactics to lawyer ethics and professional liability matters. To review the recent professional liability seminars and continuing legal education courses that we have conducted for other lawyers and our upcoming engagements, please click here.

Our Plaintiffs' Professional Liability Practice.

We represent clients in professional liability cases against their former lawyers. We handle such cases on an hourly fee basis, a contingent fee basis, and a mixed hourly and contingent fee basis (sometimes called "hybrid" fees). While we represent both individuals and businesses, most of our plaintiffs' professional liability cases are for businesses. We handle such cases throughout the southwestern United States.