Your Legal Questions Answered
Can I sue the law firm for legal malpractice for making a mistake in my PERM application, which resulted in a job loss? I am the beneficiary of the application but my employer hired the law firm to act on my behalf.
It may be your employer, rather than you, who was the attorney's client. It's not always possible for a third party (you, in this case) to sue for malpractice if you weren't the actual client.
Nevertheless, if the law firm developed an attorney-client relationship with you, then they would owe you a fiduciary duty and could be liable for an error on your PERM application. It does not matter who paid the law firm. The specific facts of your case, such as communications with the attorney, would be indicative if this relationship was created.
Even if no attorney-client relationship was formed Colorado recognizes the legal concept of third party beneficiary to a contact. A third-party beneficiary may enforce a contract only if the parties to that contract intended to confer a benefit on the third party when contracting. Here you would be the beneficiary and it sounds reasonable that they intended to benefit you.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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