Looking for lawyers that sue lawyers in Texas? You’re in the right place. At Sears Crawford, we sue lawyers in Houston and beyond because we take an attorney’s obligation to their client seriously. Lawyers in the state of Texas owe their clients a fiduciary duty, which means they must always put their client’s interests first, and when they don’t, they ought to answer for it.
Ross Sears, co-founding attorney of Sears Crawford, has spent his entire 30+ year career fighting for the rights of clients whose attorneys forgot or failed to put their client’s interests first. At Sears Crawford, it is our mission to help those clients get the justice they deserve.
Looking to sue your lawyer for malpractice? Call Ross at Sears Crawford today at (713) 223-3333 to get started.
Yes! If you’re looking for a lawyer to sue another lawyer and are wondering how it is done, you’ll be happy to hear that this kind of thing happens all the time. The catch? You’ll only be able to find a lawyer to sue your lawyer if your previous lawyer committed legal malpractice.
Legal professionals, like all other service providers, are held to certain standards of conduct and professionalism. When an attorney fails to meet these standards, and their negligence or misconduct causes harm to their client, very few lawyers are qualified to step in and hold them accountable — but Ross Sears is.
While it may seem unusual for lawyers to sue their peers, this process is an essential failsafe in the American Justice System and helps ensure that all attorneys uphold their ethical and professional obligations to their clients.
You should not hire just any lawyer to sue your lawyer; legal malpractice cases require specialized knowledge of a very niche area of the law. These cases can get incredibly complicated, and making sure you have the right lawyer for the job can make all the difference.
Now that we’ve established that lawyers do sue lawyers for malpractice let’s talk about what legal malpractice actually means. Of course, not everything that frustrates you about your lawyer will be grounds for a legal malpractice lawsuit.
Generally speaking, legal malpractice is when a lawyer “acts, or fails to act” as a reasonable and prudent attorney would act under the same or similar circumstances; AND that act or omission results in damages to the client.
Some of the most common forms of legal malpractice include undisclosed conflicts of interest, missing important deadlines, failing to keep the client fully informed, or failing to look out for the client’s best interests — but we’ll discuss this more later.
Before accusing your lawyer of malpractice, it is important to recognize that not all unfavorable situations or outcomes are grounds for suing your lawyer. Just because your lawyer did not win your case doesn’t mean they committed malpractice.
Here are some examples of situations that would not, generally speaking, be considered malpractice:
It’s important to consult with a lawyer who specializes in legal malpractice to determine whether your situation qualifies as a valid claim before you make any decisions.
Overbilling or unconscionable fees. Overbilling usually presents itself in the form of double billing or over-charging for services rendered or charging for services not actually rendered. Legal billing can be pretty complicated, so make sure you go over your agreements and invoices with a fine-tooth comb.
Whether you’re looking for a lawyer to sue for overbilling or negligence, you’re going to need a quality Houston malpractice lawyer, like Ross Sears, if you want to find justice.
What do you do if your attorney commits malpractice in the handling of your case? Seek legal representation by calling Ross Sears at Sears Crawford. We know — the prospect of hiring a new lawyer can be a hard pill to swallow while you still have a bad taste in your mouth from your last lawyer. But trust us, it’s not wise to go up against a lawyer in court without another lawyer by your side. Just be sure to find the right legal malpractice lawyer for you.
At Sears Crawford, we offer free phone or email case consultations so we can figure out how to help you. Winning a legal malpractice case is not always easy, so be sure to contact us immediately so that we can assess your situation, discuss your needs, and develop a strategy that’s right for your situation.
It is better, although not mandatory, to hire a lawyer who is Board Certified in personal injury law, which is the area of the law that encompasses legal malpractice cases. Less than 5% of the attorneys in the state of Texas are Board Certified by the state of Texas, and even fewer are legal malpractice attorneys — but Ross Sears is one of those attorneys.
Finding a lawyer that sues lawyers isn’t exactly difficult, but finding the right one can be challenging. In our experience, there are a few boxes that your Houston legal malpractice attorney should check at the minimum:
- They should specialize in legal malpractice. A lot of lawyers will take legal malpractice cases although they are not lawyers that specialize in legal malpractice. Check their website and ask them directly, is legal malpractice what they primarily do?
- They should have a proven track record. Look for attorneys that not only take legal malpractice cases, but who have success taking them, and have won such cases at trial. Check their reviews and client testimonials — have their clients had a good experience?
- They should have a clean disciplinary background and be able to practice in Texas. This goes without saying, but you should verify their disciplinary history with the State Bar of Texas. You may want to reconsider hiring any attorney who has had grievances filed against them by former clients, or disciplinary action taken against them by the State Bar.
- They should communicate with you honestly and openly. During your consultation, do they treat you with respect? Do they communicate clearly and set realistic expectations about your case?
- They should carry legal malpractice insurance. If they don’t, run. Attorneys should carry malpractice insurance to protect their clients in the event that a mistake is made. You’re likely in this situation because your previous attorney already made one or more mistakes, and legal malpractice lawyers may be reluctant to sue them if they do not carry malpractice insurance.
Additionally, membership in professional organizations like Super Lawyers can tell you when you’re dealing with a professional who is reputable in the field. These acknowledgements and others like them can tell you not only if an attorney is effective, but if they’re respected by their peers. In case you were wondering, Ross Sears has been selected as a Texas Super Lawyer for the last 13 years and counting.
Suing a lawyer can be challenging. Legal malpractice cases can be incredibly complex and have a high standard of proof. If you want to successfully sue your lawyer, there are essentially four elements to prove in your legal malpractice claim:
- There was duty. You must first show that you were owed a duty of care by your attorney or, in other words, that an attorney-client relationship existed.
- The attorney breached that duty. You must next demonstrate that the attorney breached their duty of care by acting negligently, making a serious error, or failing to comply with their fiduciary duty.
- Proximate cause. Often the most difficult element to prove is that the attorney’s breach contributed to the harm or damages you suffered.
- Damages. It must finally be shown that you suffered material harm or damages as a result of the malpractice.
Despite these challenges, a skilled legal malpractice attorney, like Ross Sears, can guide you through the process and increase your chances of getting justice for the wrongs committed by your previous lawyer.
At Sears Crawford, we specialize in holding attorneys accountable for their actions. Our team has extensive experience representing clients in legal malpractice cases across Texas. We understand how devastating it can be to place your trust in an attorney only to have that trust betrayed — that’s why we’re committed to fighting for justice on your behalf.
If you believe your attorney has committed malpractice, don’t wait. Get in touch with the lawyers that sue lawyers at Sears Crawford today for a free consultation. We’ll review your case, explain your options, and work tirelessly to secure the compensation and justice you deserve. When you need lawyers who sue lawyers, turn to Ross Sears at Sears Crawford — trusted advocates in Texas for more than 30 years.
Call Ross at (713) 223-3333 or contact us online today to take the first steps toward what you deserve.