What is it called when a lawyer doesn’t do their job?
When a lawyer fails to do their job and it causes harm to their client’s case, it is often referred to as legal malpractice.
Not every mistake your lawyer makes will constitute legal malpractice; legal malpractice occurs when your attorney is unable to meet the standard of care that a reasonable and prudent lawyer would under the same or similar circumstances.
There are countless ways that your attorney can fail to do their job and commit malpractice, but attorney negligence is the most common form of legal malpractice.
What is professional negligence by a lawyer?
Attorney negligence — a common type of legal malpractice in Texas — is broadly defined as an attorney failing to do something that a reasonable and prudent attorney would have done under the same or similar circumstances OR doing something that a reasonable and prudent attorney would not have done under the same or similar circumstances.
Common ways that attorney negligence manifests include:
- Missing important deadlines
- Failing to recognize statutes of limitations
- Not communicating with their clients
People often wonder when their attorney’s annoying behaviors constitute negligence and, when you should contact an experienced malpractice attorney to find out if you can sue your lawyer. We can tell you that a few things are always true:
- You should never be in the dark about the status of your case.
- If you call your attorney, your calls should be returned within a reasonable period of time.
- If you have questions about your case, your questions should be answered in a timely manner.
- If your attorney did something to harm you or your case, then you may have a right to sue them for attorney negligence.
How difficult is it to sue a lawyer?
If your lawyer did something to harm you or your case, you have the right to sue them for damages — but how does one go about suing their lawyer? In order to sue a lawyer for attorney negligence, there are a few things that your legal malpractice attorney will have to establish.
- There was duty. This is generally proved by a written or verbal agreement proving there was an attorney-client relationship.
- That duty was breached. Proving that your attorney was negligent means proving that you were not provided reasonable care — or care that another competent attorney would have provided under the same circumstances.
- That breach of duty caused you damage or harmed your case.
We know how difficult it can be to sue lawyers, because they know how the system works, and they hire great lawyers to defend them. If you want to win you need an even better lawyer by your side. At Sears Crawford, WE SUE LAWYERS! It’s what we do.
We take attorney negligence seriously because of our commitment to our clients and the integrity of our profession. Looking for a lawyer to sue a lawyer for negligence? Get in touch with Ross Sears at Sears Crawford, a legal firm where our clients always come first.
What is unethical behavior for an attorney?
While there may be countless reasons to file a complaint against an attorney, not all of your lawyers’ bad actions or conduct constitute legal malpractice or professional negligence.
Let’s make things simple: negligence is technically just one type of legal malpractice, but most legal malpractice cases involve some form of negligence.
Some common types of attorney negligence include:
- Failure to know or apply the law applies when an attorney attempts to take on a case outside of their field of expertise.
- Fraud is a broad term that encompasses any sort of deception for unlawful gain.
- Misuse of financial resources/overbilling typically involves misappropriation of client funds or charging unreasonable attorney fees with exorbitant hourly billing.
- Failure to obtain client consent refers to settling cases without client approval.
- Failure to calendar refers to bad planning and missed deadlines.
- Inadequate discovery refers to an attorney not discovering key information about a case during its earliest stages (i.e. witnesses, depositions).
Aside from negligence, there are a number of ways that your attorney can intentionally commit legal malpractice by breaching their fiduciary duty to you. Your attorney’s fiduciary duty legally requires them to act with your best interests in mind at all times. When attorneys put their own or other interests above the interests of their clients, they breach this duty.
Some common ways that attorneys breach their fiduciary duty include:
- Failure to maintain confidentiality
- Misrepresentation of facts or law or failure to offer the full truth
- Breach of duty of fidelity and loyalty
- Self-dealing
- Any undisclosed conflicts of interest
- Putting the interests of the attorney or a third party ahead of the client
If you believe that any of the above circumstances apply to your previous or pending case, then the attorney-client relationship may have been violated, and you need to hire professional legal malpractice attorneys in Texas you can trust, like Ross Sears at Sears Crawford.
What to look for in a legal malpractice attorney in Houston
We know that putting your trust in the hands of another attorney may be the last thing you want to do after your previous lawyer breached your trust, but considering these key factors can help you make the right decision when hiring a lawyer to find you justice.
| Experience |
You should look for an attorney with extensive experience. Newer attorneys can be talented and trustworthy, but there’s no replacement for years of experience and time spent trying cases and building relationships. |
| Specialization |
Because legal malpractice is a very specialized niche of the law, not all attorneys will be equipped to handle your legal malpractice claim. Look for lawyers like Ross Sears, who specialize in legal malpractice, and have had success doing it. |
| Reputation |
You can learn a lot about an attorney from their reputation both with previous clients and within the industry. Reviews, testimonials, and notable victories, as well as professional designations given out by legal organizations, can help you determine what kind of attorney you’re dealing with. |
| Malpractice insurance |
Never hire an attorney who does not carry malpractice insurance. Legal malpractice insurance offers essential protection to both attorneys and their clients if something goes wrong in your case. |
| Fit |
Lastly, an attorney’s communication and compassion should be evident from the first consultation. How they treat you, how well they explain your case, and how you feel leaving the consultation are good barometers for how confident you can be in hiring them. |
For prospective clients looking to hire a trusted Texas legal malpractice attorney, here are a few things to note about Ross Sears and Sears Crawford:
- Sears Crawford carries legal malpractice insurance to protect the interests of our clients, though we are proud to say we have never had to use it.
- Sears Crawford does not have a single bad review from a previous client. Any negative reviews on the Sears Crawford site are from non-clients whose cases were turned down for not meeting the necessary criteria.
- Ross Sears has been named a Texas Super Lawyer for the past 13 years.
- Ross Sears has an exceptional reputation among his peers and judges.
FAQs for lawyers that sue lawyers for malpractice in Texas
What can I do if my attorney isn’t doing their job?
If you believe that your attorney isn’t providing you with representation that meets the standard of care, you should always try to work it out first.
- Communicate your concerns. Trying to address the issue with your attorney directly should always be your first step.
- Request a copy of your case file. Try to obtain as many records as you can so that you will have all the necessary information and documentation.
- Contact a legal malpractice attorney for a consultation. If you’ve suffered damages, a legal malpractice lawyer like Ross Sears can help you determine if you have a case.
How long do you have to sue an attorney for malpractice?
In Texas, the legal malpractice statute of limitations is typically two years from the date of the alleged malpractice. There may be exceptions to this rule, such as: if the malpractice was not reasonably discoverable until a later date or if your attorney breached their fiduciary duty. A trusted legal malpractice attorney will be able to calculate these deadlines for you.
Keep reading: When is it too late to fire your attorney?
How much is a legal malpractice case worth?
The value of a legal malpractice case depends on a number of factors, namely how much the value of your original case would have been, but for the malpractice. Generally, damages that you can receive in your attorney negligence or legal malpractice case can include:
- Wage loss
- Medical bills
- Emotional trauma (if permitted in the underlying case)
- Damage to property
- Loss of business
- Loss of marital or probate rights
- Patent rights
- And any other damages that were available to you in the underlying or former case
These damages often pale in comparison to the real impact that your previous attorney’s legal malpractice can have on your life. You need an attorney who understands the difficulty of your situation and will fight to secure you justice.
Can I sue my lawyer for losing my case?
Losing a case does not automatically mean your lawyer committed malpractice — but if they lost a case that a reasonable and prudent attorney could in all probability have won, then they may have committed actionable malpractice.
To sue for legal malpractice, your new legal malpractice attorney must prove that the attorney’s negligence caused harm to your previous case, or that you otherwise had a strong chance of winning and that harm to your case caused you damages.
Victim of legal malpractice in Texas? Ross Sears will fight for you.
If you have suffered due to an attorney’s negligence, you need a skilled legal malpractice lawyer to protect your rights. Ross Sears is board certified, specializes in legal malpractice cases, and is committed to holding negligent lawyers accountable.
Ross has a deep understanding of Texas legal malpractice laws, decades of experience getting his clients what they deserve, and an unparalleled record of success. Whether you’re looking to sue for overbilling or believe your previous attorney had a conflict of interest, Ross can help you right your previous attorney’s wrongs and deliver you justice.
Do not give up on making things right, and do not settle for less than the best. You already hired one bad lawyer in your prior attorney, it’s time to hire the best! Call Ross Sears today at (713) 223-3333 or contact Sears Crawford online to take the first step toward the future.
