Most Common Types of Legal Malpractice in Texas

As lawyers that sue lawyers for malpractice, we handle cases involving many types of legal malpractice at Sears Crawford. If you’ve been harmed by the actions of your previous attorney and aren’t sure if you can sue them, reading up on the common types of legal malpractice can help you know if you have a case against them.

In Texas, legal malpractice occurs when an attorney fails to perform their legal duties at the standard required of them, resulting in harm to the client. The consequences of legal malpractice can be severe; sometimes, financial loss and emotional distress are just the beginning.

This article will delve into the most common types of legal malpractice in Texas, explain the statute of limitations and the discovery rule for filing a malpractice claim, and outline the process for filing a lawsuit against an attorney. If you’re unsure how to proceed with a legal malpractice claim in Texas, Ross Sears, at Sears Crawford is here to guide you through the process.

What is legal malpractice in Texas?

Legal malpractice in Texas encompasses a range of actions or inactions by an attorney that result in harm to a client. The key element in any legal malpractice claim is that the attorney’s conduct fell below the standard of care expected of a reasonably competent attorney. In Texas, the most common types of legal malpractice include the following:

Negligence

Negligence is the most common type of legal malpractice in Texas. It occurs when an attorney fails to do something that a reasonable and prudent attorney would do under similar circumstances or does something that a reasonably prudent attorney wouldn’t do. Negligence can manifest in various ways, such as missing important deadlines, failing to file documents correctly, or providing incorrect legal advice.

For example, if an attorney fails to file a lawsuit within the statute of limitations, the client may lose their right to seek legal remedy, resulting in significant harm. To sue a lawyer for negligence, you often have to prove that they failed to act as a competent attorney would, thereby causing damage to the client.

Breach of contract

Suing for breach of contract occurs when an attorney fails to fulfill the obligations outlined in the attorney-client agreement. This can include failing to perform promised services, not adhering to agreed-upon fees, or not maintaining confidentiality.

For instance, if an attorney agrees to represent a client in a personal injury case but then charges more for their fees, or expenses than the contract permits, this could constitute a breach of contract. The client may suffer financial or legal consequences as a result, leading to a viable claim for breach of contract.

Conflicts of interest

Conflicts of interest are another common type of legal malpractice in Texas. Suing for conflict of interest occurs when an attorney’s personal or professional interests are at odds with the interests of their client, compromising their ability to provide impartial legal representation. For example, if an attorney has an existing relationship with their client’s opponent in a civil matter, their ability to advocate effectively for both may be compromised.

Conflicts of interest can also arise if an attorney has a financial stake in the outcome of a case that conflicts with the client’s best interests. In Texas, attorneys are required to avoid conflicts of interest and disclose any potential conflicts to their clients. Failure to do so can lead to a legal malpractice claim, and possibly a breach of fiduciary duty claim.

Breach of fiduciary duty

Breach of fiduciary duty is a serious type of legal malpractice in Texas that occurs when an attorney fails to act in the best interests of their client, violating the trust and confidence placed in them. Attorneys are bound by a fiduciary duty to uphold loyalty, confidentiality, and integrity in all matters related to their clients. This duty requires them to prioritize their client’s interests above their own and to avoid any actions that could harm the client or undermine their legal position.

Suing for breach of fiduciary duty can occur because the attorney used client funds for personal gain, disclosed confidential information without the client’s consent, or entered into agreements that benefit the attorney at the client’s expense — anything which elevates the interests of the attorney above those of the client.

For instance, if an attorney advises a client to settle a case because it benefits the attorney’s financial interest rather than the client’s best interest, this could constitute a breach of fiduciary duty. Such breaches can cause significant financial and legal harm to the client, leading to a potential malpractice claim.

What is the Texas legal malpractice statute of limitations?

In Texas, the statute of limitations for filing a legal malpractice claim is generally two years from the date that the client discovered (or reasonably should have discovered) that the malpractice occurred. This means that you have two years from the date you knew or should have known about the attorney’s wrongful conduct to file a lawsuit. If a claim is not filed within this timeframe, you may lose your right to seek legal recourse. However, separate and distinct claims for Breach of Contract and Breach of Fiduciary Duty have a four-year statute of limitations.

However, determining the exact date when the statute of limitations begins can be very complex, especially in cases where the malpractice was not immediately apparent. This is where the discovery rule comes into play. Because of the various nuances in the law governing these deadlines, it is highly recommended that you contact an attorney that specializes (not one that dabbles) in Legal Malpractice cases, like Ross Sears at Sears Crawford LLP.

What is the discovery rule for legal malpractice in Texas?

The discovery rule is a legal principle that can extend the statute of limitations for filing a malpractice claim in Texas. Under this rule, the statute of limitations does not begin until you have discovered, or should have reasonably discovered, the malpractice.

For example, if an attorney mishandles a case but you do not realize the mistake until several months, or even years, later, the statute of limitations would start from the date of discovery, not the date the mistake was made.

The discovery rule is crucial in cases where the harm caused by the attorney’s actions is not immediately apparent. It allows you more time to recognize that you have been wronged and take the necessary steps to file a malpractice claim.

It is important to note that even with the discovery rule, you should act quickly once you suspect malpractice, as any delay can complicate the case, and possibly cause you to miss your filing deadline.

How do I file a legal malpractice lawsuit in Texas?

Even when you’ve established your reasons to file a complaint against an attorney, the process itself can be complex, requiring a thorough understanding of both legal malpractice law and the specifics of your underlying case. Here are the general steps involved in filing a malpractice lawsuit:

1. Consult a legal malpractice attorney: The first step in filing a legal malpractice lawsuit is to consult with a legal malpractice attorney who has experience suing lawyers. This attorney will evaluate the facts of the case, determine whether there is a valid malpractice claim, and advise on the best course of action. It’s essential to choose an attorney who understands the nuances of Texas law and can effectively represent your interests.
2. Gather evidence: To build a strong malpractice case, your attorney will need to gather evidence that supports your claim. This may include documentation of the attorney’s actions or inactions, communication records, contracts, and any other relevant information. The goal is to demonstrate that the attorney’s conduct fell below the standard of care and caused harm to you.
3. File the complaint: Once sufficient evidence is gathered, your attorney will file a formal complaint. The complaint should outline the facts of the case, the specific allegations of malpractice, and the damages you are seeking. Filing the complaint officially initiates the lawsuit.

After the complaint is filed, the litigation process begins. This may involve pre-trial motions, discovery (where both parties exchange information), and potentially, settlement negotiations. If the case does not settle, it will proceed to trial, where a judge or jury will determine the outcome.

If the case goes to trial, both sides will present their evidence and arguments. The judge or jury will then render a judgment, deciding whether malpractice occurred and what damages, if any, should be awarded. If you win the case, (including any appeals) you may be entitled to compensation for the harm caused by the attorney’s malpractice.

Ross Sears of Sears Crawford knows how to sue an attorney in Texas

Navigating the different types of legal malpractice can be overwhelming, especially when you’re already dealing with the consequences of an attorney’s negligence or misconduct. If you find yourself asking, “How do I file a malpractice lawsuit in Texas?” the experienced team at Sears Crawford is here to help.

With more than 30 years of trial experience, Ross Sears has a deep understanding of Texas legal malpractice law and a track record of successfully representing clients in complex malpractice cases. He is the legal malpractice attorney Texas that residents trust!

If you believe you have been a victim of legal malpractice in Texas, don’t hesitate to contact Sears Crawford online, to fill out our case evaluation form, or call at 713-223-3333. Due to our ongoing client obligations, we are usually able to respond quicker if you fill out the online case form. We are dedicated to fighting for your rights and ensuring that justice is served. Let us help you take the first step toward reclaiming the trust and peace of mind you deserve.

More Helpful Articles by Sears Crawford:

• What Do I Do If My Lawyer Lost My Case?
• How to Fire a Lawyer in Texas
• Breach of Fiduciary Duty Examples
• 5 Things You Need to Know about Suing a Lawyer for Malpractice
• What Is Considered Malpractice for an Attorney?