01 July

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What Is an Attorney’s Obligation to Return Client Files in Texas?

Man on the phone asking his lawyer for his client's files

Texas law is clear on this point: a client's file belongs to the client. Once the attorney-client relationship ends, the attorney is obligated to promptly return all documents, records, and materials the client is entitled to, regardless of whether outstanding fees are owed. Despite this, some attorneys delay, stall, or refuse entirely, leaving clients scrambling to protect their legal interests without the evidence and paperwork their case depends on. Ross Sears of Sears Crawford is an aggressive legal malpractice attorney in Houston with more than 30 years experience fighting for clients whose attorneys have wronged them. In this article Ross breaks...

25 June

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Legal Malpractice Complaint vs. Bar Complaint: Do You Have a Case?

Posted by Sears Crawford

in Legal Malpractice

An attorney reviewing a legal malpractice complaint

When your attorney lets you down, your first instinct might be to file a complaint, but figuring out how and where to file it is where many people get stuck. Complaints against your attorney are generally lumped into the same category, but a complaint to the State Bar and a legal malpractice complaint against your lawyer are two very different things with two very different goals. Here’s how to tell which type of complaint you have: Factor Legal malpractice claim Bar complaint Goal Recover financial losses Discipline the attorney Who handles it Civil court State Bar of Texas What you must prove Negligence caused you harm Ethical or professional misconduct Possible outcome Money damages Suspension, reprimand,...

10 June

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How to Win an Attorney Malpractice Suit in Texas

Posted by Sears Crawford

in Legal Malpractice

Legal malpractice attorney with his hands up after winning a malpractice suit

Your attorney was supposed to be in your corner. Instead, their negligence, missed deadlines, or outright incompetence may have cost you a case you should have won. The frustrating reality is that holding a lawyer accountable means going through the legal system all over again, this time with the right representation on your side. Filing an attorney malpractice suit in Texas is one of the most layered legal battles a person can face, but it is definitely winnable. Here’s exactly what it takes: Understand what qualifies as legal malpractice Gather and preserve evidence of your attorney's negligence Prove the four elements...

23 May

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Why is My Lawyer Getting More Money than Me?

Posted by Sears Crawford

in Legal Malpractice

If you've recently settled a case and walked away with less than you expected while your attorney collected a substantial fee, and got more money than you, you're not alone in asking: Why is my lawyer getting more money than me? The answer depends on your fee agreement, the type of case, and how costs were handled. There are a few reasons this can happen: Contingency fee percentage was higher than standard (33% – 40% is typical; anything beyond that warrants scrutiny) Case expenses and litigation costs were deducted from your share, not the attorney's and your fee contract with the...

13 May

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Can I Fire My Attorney if I Signed a Contract?

Posted by Sears Crawford

in Legal Advice

Texas attorney with his head in his hands

Signing a contract with your attorney doesn't mean you've surrendered your rights. It means you hired someone who now has a professional obligation to earn them. If your lawyer is failing you, you don't have to sit back and watch your case suffer. The answer to "can I fire my attorney if I signed a contract?" is almost always yes, but how and when you do it matters. This is especially true if their failures rise to the level of legal malpractice. Here's what you need to know: You have the right to fire your attorney at any time, even after signing...

14 April

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What To Do If Your Lawyer Is Not Helping You

Posted by Sears Crawford

in Legal Malpractice

Frustrated man on the phone, unable to get in contact with his lawyer

Every year, thousands of Texans lose winnable cases — not because the law wasn't on their side, but because their attorney simply stopped showing up for them. Whether it's ignored calls, missed deadlines, or a settlement offer you never agreed to, a lawyer who isn't doing their job isn't just frustrating. It could cost you everything. If you've found yourself wondering what to do if your lawyer is not helping you, you're not alone, and you're not without options. Before you do anything else, contact your attorney (in writing, email is fine), asking them to timely and properly update you and...

08 March

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What Qualifies as Attorney Professional Misconduct in Texas?

Posted by Sears Crawford

in Legal Malpractice

Man on the phone, finding out his attorney is dishonest

Not every bad outcome in a legal case means your attorney did something wrong. But there is a clear difference between a disappointing result and an attorney who failed to meet the basic standards of their profession — and that difference matters. Attorney professional misconduct can take many forms, including: Breach of fiduciary duty Failure to communicate with a client Conflicts of interest Misappropriation of client funds Negligent legal representation Fraud or dishonest conduct Abandonment of a case If any of these situations sound familiar, you don't have to navigate what comes next on your own. Ross Sears II has spent over...

08 February

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When Can I Sue My Lawyer?

Posted by Sears Crawford

in Legal Malpractice

You hire a lawyer expecting skilled representation, straightforward advice, and honest advocacy for your interests. But what happens when your attorney fails to meet these basic professional standards? When their mistakes, negligence, or misconduct cause you real harm? “Can I sue my lawyer?” Yes, you can sue your lawyer, and you should. Not every disagreement or unfavorable outcome means your attorney crossed the line, but certain failures clearly constitute grounds for a lawsuit. Here’s are some examples of when you can sue your lawyer: Your attorney missed critical deadlines or let the statute of limitations expire on your case. You suffered financial...

12 January

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The Case Within a Case in Attorney Malpractice Lawsuits

Posted by Sears Crawford

in Legal Malpractice

Legal team discussing how to win an attorney malpractice lawsuit

When an attorney's negligence or misdeeds cost you a case, the path to justice is more complex than a typical lawsuit. In attorney malpractice lawsuits, you face a unique legal challenge known as the "case within a case." This doctrine requires you to prove two essential elements: That your attorney's conduct fell below professional standards; and That you would have won or achieved a more favorable outcome in your original case had it been handled properly. Essentially, you must, through expert testimony, relitigate your underlying case to demonstrate the damages caused by your attorney's malpractice — a high standard that requires incredibly...

15 December

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5 Examples of Legal Malpractice in Texas

Posted by Sears Crawford

in Legal Malpractice

Gavel on a bench in front of a legal statue

Not every bad outcome in a case equals legal malpractice, but there is a clear line between a disappointing result and an attorney's failure to meet basic professional standards. When your attorney fails to meet the standards of their profession it’s not just frustrating — it can be grounds for a legal malpractice claim. Simply put, legal malpractice occurs when an attorney's negligence or misconduct causes harm to their client. While most Texas lawyers serve their clients diligently and ethically, malpractice does happen — and when it does, you have the right to seek accountability. In this article, we'll walk through five...

Author: Sears Crawford