14 June

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What to Do if Your Attorney Steals Your Settlement

Attorney handing their client a settlement check.

Few situations feel more devastating than discovering your attorney may have stolen money from your settlement. You placed your trust in a professional who should have protected your interests, only to have that trust taken advantage of for their own financial gain. If you find yourself in this nightmare scenario, you need a Houston legal malpractice attorney to help you stop the bleeding and find justice. Settlement theft by attorneys represents one of the most serious forms of legal malpractice, involving not just professional negligence but also breach of fiduciary duty, and possibly even criminal conduct. When lawyers misappropriate client funds,...

07 June

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Common Lawyer Conflict of Interest Examples

Posted by Sears Crawford

in Legal Malpractice

Two people talking in a dark room in silhouette. Secret meeting that may constitute a conflict of interest.

When you hire an attorney, you place your trust in their professional judgment and expect them to advocate solely for your best interests — but situations sometimes arise when your lawyer's personal, financial, or professional interests compete with their duty to you as their client. These scenarios, known as conflicts of interest, represent some of the most serious violations of the attorney-client relationship and can have devastating consequences for your case, and therefore your life overall. Whether it's an attorney secretly representing opposing parties, having undisclosed financial stakes in your case outcome, or allowing personal relationships to compromise their professional judgment, conflicts...

21 April

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Four Elements of Legal Malpractice in Texas

Posted by Sears Crawford

in Legal Malpractice

Attorneys discussing legal malpractice issues in Texas

When an attorney fails to provide competent representation, it can wreak havoc on the lives of clients. You may be stuck facing your original legal issue as well as the harm caused by your lawyer's negligence. Fortunately, you have rights as a client to seek recourse when your attorney's professional performance falls short of reasonable standards. To successfully pursue a legal malpractice claim, the following key elements of legal malpractice in Texas must be established: An attorney-client relationship existed, creating a duty of care; The attorney breached this duty through negligence or misconduct; The breach proximately caused harm to the client; ...

04 February

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How To Sue a Lawyer for Malpractice

Posted by Sears Crawford

in Legal Malpractice, We Sue Lawyers

Hiring a lawyer means entering into a relationship of trust; you trust them to advocate for your best interests, solve complex issues, and act ethically throughout the process. But what happens when your attorney’s negligence or misconduct derails your case or causes you financial harm? Luckily, the attorney-client relationship is not just a relationship of trust but one protected by professional and fiduciary standards — which means if your lawyer commits malpractice, you can sue them. For those wondering how to sue a lawyer, we’re here to tell you that while the process can be incredibly complicated, you can get justice....

24 June

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What Do I Do If My Lawyer Lost My Case?

Posted by Sears Crawford

in Legal Malpractice

Frustrated clients argue with an attorney who lost their case.

My lawyer lost my case. What can I do next? Do I have to just give up and move on, or can I appeal the decision or get another lawyer? You may be asking yourself these questions if you’ve just wrapped up a legal matter and the results were not quite what you hoped. Sometimes good attorneys lose tough cases, and there is nothing that can be done — but sometimes attorneys don’t perform their duties adequately, make mistakes, and screw up cases that are otherwise winnable. If the latter was the case for you, you may still have a path...

22 April

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What is Considered Malpractice for an Attorney?

Posted by Sears Crawford

in Legal Malpractice

What is Considered Malpractice for an Attorney?

If you recently got out of a bad situation with an attorney or wrapped up a case with less-than-stellar results, you may be wondering what is considered an innocent mistake for an attorney and what is considered malpractice. Although not every mistake an attorney makes is considered malpractice, there are a lot of ways in which an attorney can commit malpractice. At Sears Crawford, our job is to fight for our clients who have been wronged by their previous attorneys and get them what they deserve. We know the ins and outs of legal malpractice and are here to discuss what is...

05 April

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What is Breach of Contract in Legal Malpractice?

Posted by Sears Crawford

in Legal Malpractice

What is a breach of contract? It’s a question that our legal malpractice clients often ask. When you enter into an attorney-client relationship, you typically (but not always) sign a contract that outlines the agreements and nature of the relationship. This contract can either be verbal or written. In the simplest terms, a breach of contract occurs when your attorney does not honor the specific terms of this agreement. At Sears Crawford, we sue lawyers that have failed to meet their contractual obligations to their clients. As lawyers who sue lawyers, we take the attorney-client relationship and our responsibility to our clients...

15 March

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Do Lawyers Have To Carry Malpractice Insurance?

Posted by Sears Crawford

in Legal Malpractice

An attorney signing paperwork with a Themis statue in the foreground.

Legal malpractice insurance offers essential protection to both attorneys and their clients if something goes wrong in your case, but do lawyers have to carry malpractice insurance? Unfortunately, the answer in Texas is NO! In this comprehensive article, Ross Sears of Sears Crawford is here to talk about everything legal malpractice insurance, including why it is important, what it covers, and how to find out if your attorney carries it. Ross has been suing lawyers who have committed malpractice and harmed their clients for over 30 years. If anyone knows the importance of legal malpractice insurance — or how to spot when...

04 March

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What Is the Standard Contingency Fee for an Attorney?

Posted by Sears Crawford

in Legal Malpractice

Dictionary open to the definition of “attorney’s fees.”

Contingency fees are a very common structure for attorney-client payment agreements, although for most clients typical attorney fee percentages are unknown. How much is appropriate? What is the standard contingency fee for an attorney? And maybe more importantly: how do I know when my lawyer is overcharging me? Ross Sears is one of the preeminent lawyers that sues lawyers in all of Texas. He is one of the founding attorneys of Sears Crawford and has been suing lawyers in Texas for over 30 years. Today he is here to discuss all things contingency fees, including average fees, limitations, and how to...

22 February

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Can I Fire My Attorney if I Signed a Contract?

Posted by Sears Crawford

in Legal Malpractice

Closeup of two men shaking hands over signed paperwork.

Your attorney should be your greatest ally during difficult times, but sometimes attorneys aren’t who you hoped they would be, and you may find yourself wondering if you can get out of a bad relationship or if it’s too late. Can I fire my attorney if I signed a contract? If you’re asking yourself this question, you’re in the right place. While firing your attorney in Texas is as simple as saying “you’re fired,” the consequences of that action can be deceptively complex, and you should make sure you get professional guidance before making any big decisions, Ross Sears and the...

Author: Sears Crawford