Chapter 24 - EXHIBIT 24A • SAMPLE COMPLAINT FOR LEGAL MALPRACTICE WITH CLAIM FOR BREACH OF FIDUCIARY DUTY
| Jurisdiction | Colorado |
| [ ] District Court [ ] County Court __________ County, Colorado Court Address: | COURT USE ONLY |
| Plaintiff(s): v. Defendant(s): | |
| Attorney or Party Without Attorney (Name and Address) Phone Number: FAX Number: E-mail: Atty. Reg. #: | Case Number: Div.: Ctrm.: |
| COMPLAINT AND JURY DEMAND[1 ] | |
Plaintiff(s), [add names of person/entity], by his/her/its counsel, complain(s) against Defendant(s) as follows:
1. Plaintiff is a resident of the State of Colorado who resides in [county] County at [street address], [city] Colorado [zip code].
2. Defendant is a resident of the State of Colorado who, upon information and belief, resides in [county] County at [street address], [city] Colorado [zip code].
3. Defendant is a lawyer who, upon information and belief, practices law out of an office located at [street address], [city] Colorado [zip code].
4. This Court has personal jurisdiction over Defendant. [If defendant is not a resident of Colorado or organized under Colorado law, add: Defendant is subject to the jurisdiction of this court pursuant to the Colorado Long-Arm Statute, because (insert applicable reasons under C.R.S. § 13-1-124, such as the transaction of business and/or commission of a tort within this State).]
5. This court has jurisdiction over the subject matter because this is a civil action for damages and/or equitable relief. Colo. Const. Art. VI, § 9(1). [Adjust as needed to address requirements of federal rules or statutes.]
6. Venue in this court is proper pursuant to [specify basis for venue, per C.R.C.P. 98, and cite relevant subsection of C.R.C.P. 98]. [Adjust as needed to address requirements of federal rules or statutes.]
7. [In the following paragraphs, describe in detail the events that led Plaintiff to seek legal advice from Defendant, including the specific legal issue about which Plaintiff sought help from Defendant.]
8. With these facts as the backdrop, on or about [date], Plaintiff contacted Defendant about the possibility of representing [him or her] with regard to [describe situation about which Plaintiff sought legal advice, such as: Plaintiff's financial investment]. Plaintiff told Defendant about [describe information Plaintiff provided to the attorney about the case, including how Plaintiff came to be in contact with or do business with third persons, as well as what transpired between Plaintiff and those persons and how Plaintiff was wronged by those persons.] Plaintiff described the individuals and entities that were potentially liable for Plaintiff's damages and described what those individuals and entities had done.
9. Defendant agreed to represent Plaintiff with regard to [describe situation about which Plaintiff sought legal advice, such as: Plaintiff's financial investment] and sent a letter to Plaintiff on or about [date] confirming that Plaintiff had retained [him or her].
10. [In the following paragraphs, describe how the attorney was negligent in his or her representation of Plaintiff, as in the following example: Defendant did not put any of the parties responsible for Plaintiff's losses on notice. Instead, Defendant waited until (date) to file a complaint against any responsible party, and then pursued only (names). Plaintiff suffered damages because Defendant waited (specify time frame, such as: nearly a year) to file the lawsuit and because Defendant failed to name in the underlying suit numerous liable parties. Further, Defendant failed to include in the complaint any (specify types of claims, such as: securities or negligence) claim. Plaintiff had meritorious (specify types of claims, such as: securities or negligence) claims against each of these parties, and Defendant's failure to pursue any such claims against each of them damaged Plaintiff. Had Defendant timely pursued these claims, Plaintiff likely would have succeeded on the claims, whether at trial or through pre-trial resolution. Because Defendant failed to timely pursue these claims, Plaintiff lost the ability to recover on the claims. Still further, Defendant filed the lawsuit against (names) in the United States District Court for the District of Colorado, rather...
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