Patric J. Lehouillier and Lehouillier & Associates, P.c., Petitioners/cross-Respondents v. Della Gallegos…

Summary

The court held that a client bringing a professional-negligence legal-malpractice claim must prove that the lost judgment in the underlying case would have been collectible because collectibility is part of causation and damages. Gallegos failed to present sufficient evidence that the underlying medical-malpractice judgment would have been collectible, but the court ordered a new trial because Colorado law had not clearly allocated that burden when the case was tried and the issue was raised only after her case-in-chief. The court rejected treating uncollectibility as an affirmative defense for the attorney.