Legal Malpractice

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Our Experience With Legal Malpractice Litigation

The legal malpractice attorneys at Ogborn Mihm Quaintance, PLLC are among the most experienced in the United States at handling complex, hard-fought attorney professional liability cases.

Michael Mihm heads our plaintiff legal malpractice group, which includes Nicole Quintana, James Fogg, Elizabeth “Betsy” Hyatt, Susan Hardie Jacks, Thomas Neville, and Peter McClenahan. Michael Mihm is one of the few plaintiff attorneys in the United States who is a board-certified specialist in legal malpractice law (by The State Bar of California Board of Legal Specialization).¹

While we represent both individuals and businesses, most of our plaintiffs’ professional liability cases are for businesses or business owners. We handle cases throughout the United States.

About Legal Malpractice Litigation

Legal malpractice cases (also called lawyers’ professional liability 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 because they almost always involve an underlying business transaction or lawsuit (sometimes called the “deal within the case” or the “case within the case”). Not only must a court or a jury decide whether the defendant lawyer acted improperly, but the court or jury must decide whether the lawyer’s improper actions 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 business litigation that we handle on behalf of our business clients.

Our Legal Malpractice Publications

Mr. Mihm has for many years served as the managing editor of Lawyers’ Professional Liability in Colorado, 2016 Edition (Michael T. Mihm ed., CLE in Colorado, Inc., 2016), a 2-volume, 1,500 page treatise on legal ethics and lawyers’ professional liability law. A number of our trial lawyers have contributed chapters to the work. We also routinely teach and write on legal malpractice and professional ethics matters.

Our Professional Liability Fee Arrangements

We represent client in legal malpractice cases on an hourly fee basis, a contingent fee basis, and a mixed hourly and contingent fee basis (sometimes called “hybrid” fees). We also routinely undertake analysis of legal malpractice on a flat fee or “do not exceed” basis.

Learn More About Our Alternative Fee Arrangements

Our Work With In-House and Outside Counsel

We routinely consult with prospective clients’ outside counsel or in-house counsel about potential legal malpractice litigation. Indeed, most of our referrals are from other attorneys. If you are counsel for a client who you believe has been the victim of legal malpractice, and you wish to consult on the matter, please call us. We’ll be happy to talk to you about how we can help.