UNDERSTANDING YOUR CLAIM
What Is Legal Malpractice?
The legal profession demands a very high standard of care. When an attorney falls short of that standard and causes you harm, Colorado law gives you the right to pursue a claim.
Beth accepts only a small number of cases at any one time — so every client gets her direct attention, her full preparation, and her absolute commitment. If she takes your case, she is fully in.
Professional Negligence
An attorney breaches the standard of care expected of a competent lawyer, causing a client to suffer harm they otherwise would not have suffered.
Breach of Fiduciary Duty
An attorney puts their own interests — or another client’s interests — ahead of yours. Attorneys owe every client a duty of undivided loyalty.
When you hire an attorney, you are placing enormous trust in their hands. Your case. Your money. Sometimes your freedom, your family, or your future. Attorneys in Colorado are licensed professionals bound by strict rules of professional conduct. Violating those rules — and causing a client real harm — is legal malpractice.
To bring a successful legal malpractice claim in Colorado, you generally need to prove four things: that an attorney-client relationship existed; that the attorney was negligent or breached their duty; that the breach caused you harm; and that you suffered actual, measurable damages as a result.
Legal malpractice cases are genuinely complex — because they essentially require proving two cases at once. You must show both that your attorney failed and that, but for that failure, you would have achieved a better outcome. This is called the “case within a case,” and it requires an attorney with the experience and skill to litigate at that level.
Beth Klein is one of the few Colorado trial attorneys who takes on legal malpractice cases. She understands the law from both sides — as an attorney of nearly four decades and as the person who holds negligent lawyers accountable.
“Attorneys are critical to safeguarding the rights of the most vulnerable. When they abuse that trust, they must be held accountable.”
COMMON FORMS OF LEGAL MALPRACTICE
Ways Attorneys Fail Their Clients in Colorado
Legal malpractice takes many forms. Here are the most common types of claims Beth Klein handles.
01
Missed Deadlines
Failing to file a case before the statute of limitations expires can permanently bar a client's right to sue. Failing to calendar hearings can result in default judgments. Failing to file asylum claims within one year of entry can trigger deportation orders. These errors are often irreversible — and that irreversibility is what makes them so costly.
02
Failure to Know or Apply the Law
Attorneys must maintain a working knowledge of the law in their practice areas and apply it correctly. Misunderstanding a controlling statute, failing to research relevant case law, or applying an outdated legal standard can cause devastating outcomes for clients who trusted their attorney's expertise.
03
Inadequate Investigation
Discovery — the process of gathering evidence — is a core professional responsibility. Failing to identify key witnesses, missing critical documents, or conducting a superficial investigation can destroy a case that should have been won. If your attorney didn't dig deep enough, you may have a claim.
04
Misuse or Theft of Client Funds
Retainer funds must be kept in a client trust account — never commingled with the attorney's personal funds. If an attorney deposited your money into their own account, used trust funds for personal expenses, or stole from you outright, that is both legal malpractice and potential criminal fraud.
05
Failure to Communicate
Attorneys have a duty to keep clients informed about their cases and to respond to reasonable communications. Failure to return calls, failure to disclose material information, and signing legal documents without client review or consent are all recognized grounds for a legal malpractice claim in Colorado.
06
Conflict of Interest
Attorneys owe every client a duty of undivided loyalty. Representing adverse parties simultaneously, placing personal financial interests above a client's, or allowing one client's interests to compromise another's — all constitute conflicts of interest that can form the basis of a breach of fiduciary duty claim, where attorney fees and exemplary damages may be available.
DOES YOUR CASE QUALIFY?
Cases Beth Klein Accepts — and Cases She Does Not
Beth is direct about what she takes on. Legal malpractice cases have specific requirements, and she will tell you honestly in your first conversation whether your situation is one she can pursue.
To have a viable legal malpractice claim, you generally need to show that your attorney’s failure cost you something real — a case you should have won, money you should not have lost, or a right you should not have forfeited. If you’re not sure whether your situation qualifies, the evaluation is free.
What to expect in your case evaluation
- When did you learn of your attorney's potential error or misconduct?
- Has your underlying case concluded — is there a final judgment or settlement?
- What specific harm did you suffer as a result of your attorney's conduct?
- Can you document the damages — financially or otherwise?
CASES BETH ACCEPTS
- Claims against your former attorney for negligence or breach of fiduciary duty
- Cases where a final judgment or settlement agreement already exists (no pending motions or appeals)
- Missed statute of limitations or other critical filing deadlines
- Misappropriation or theft of client funds
- Failure to properly investigate, discover evidence, or call key witnesses
- Conflict of interest cases — attorney representing adverse parties
- Cases discovered within the past two years
- Fraud committed by an attorney in legal proceedings
CASES BETH DOES NOT ACCEPT
- Medical malpractice — Beth sues lawyers, not doctors
- Claims against judges, prosecutors, or governmental entities
- Cases against expert witnesses or court system personnel
- Cases originating from family law matters
- Cases that are still pending — there must be a final resolution
- Cases where you learned of the malpractice more than two years ago
- Advice on pending legal matters
TIME IS CRITICAL — COLORADO'S STATUTE OF LIMITATIONS
In Colorado, you generally have two years from the date you discovered — or should have discovered — your attorney’s malpractice to file a claim. This clock starts running from the moment you knew or reasonably should have known something went wrong, not necessarily when the harm occurred.
If you suspect your attorney made a serious error, do not wait. Contact Beth Klein for a free case evaluation as soon as possible. Once the statute of limitations expires, your right to pursue a claim may be permanently lost — regardless of how strong the underlying case might have been.
WHY BETH KLEIN, P.C.
Suing a Lawyer Takes a Lawyer Who Knows How to Win
Legal malpractice is one of the most difficult types of civil litigation. Defense attorneys for accused lawyers are highly skilled, well-funded, and experienced at making these cases look complicated. They count on plaintiffs — and their attorneys — being intimidated or unprepared.
Beth Klein is neither. With nearly four decades of trial experience, she knows how attorneys are supposed to behave, how they fall short, and exactly how to prove it in court. She has taken complex, high-stakes cases to verdict solo — against top defense firms — and won. She brings that same discipline and firepower to legal malpractice cases.
She accepts a limited number of cases. If she takes yours, she takes it seriously.
“My experience with Beth Klein is that she is very knowledgeable and truly takes interest in helping people with the situations they’re involved with. She will take the time to make sure you are properly guided in the right direction.”
I
Unique Dual Perspective
Beth has been practicing law for nearly four decades. She knows exactly what competent legal representation looks like — and exactly where negligent attorneys fall short. That insight is invaluable in a legal malpractice case.
II
Trial-Tested
Beth has tried complex cases solo against the top defense firms in the country and won. She does not settle out of fear. Defense counsel for accused attorneys know her reputation — and that changes the dynamic.
III
Nationally Recognized
Colorado Super Lawyer since 2006. Best Lawyers in America. Lawyer of the Year — All of Western Colorado 2020 & 2021. Named one of the top 500 plaintiff lawyers in the United States. These recognitions reflect peer respect, not advertising spend.
IV
Contingency Fee
Legal malpractice cases are taken on a contingency fee basis. You pay no attorney fees unless Beth wins compensation for you. The initial case evaluation is always free, with no obligation.
V
Direct Access
Beth limits her caseload intentionally. If she takes your case, you work with Beth directly — not a paralegal or junior associate. You deserve that level of attention when your rights are on the line.
VI
Honest Evaluation
Beth will tell you directly whether your case has merit — even if the answer isn’t what you hoped for. She only takes cases she believes in, and she will not waste your time or hers on a claim that cannot succeed.