11 July

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What to Do if Your Lawyer Doesn’t Have Legal Malpractice Insurance

Potential legal malpractice client checking to see if a Houston lawyer has legal malpractice insurance

When you hire a lawyer, one of the first things you should ask is, "Do you carry legal malpractice insurance?" If the answer is "no," you should run away from their office as quickly as you can. Legal malpractice coverage is essential for any lawyer who cares about their clients — why? Because if an attorney makes a mistake and it results in harm to their client, and they don’t carry insurance, it potentially leaves their client out in the cold. Any lawyer who chooses not to carry malpractice insurance is almost certainly a terrible lawyer, and almost certainly does not...

03 February

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Most Common Types of Legal Malpractice in Texas

Posted by Sears Crawford

in Legal Malpractice

Most Common Types of Legal Malpractice in Texas

As lawyers who sue lawyers for malpractice in Houston, we’ve seen it all. Our co-founder and Texas legal malpractice attorney, Ross Sears, has been holding lawyers accountable for their actions for more than 30 years, for everything you can imagine — countless types of legal malpractice, and professional negligence. Some of the more common types of legal malpractice we see at Sears Crawford include the following: Failure to know or apply the law Conflicts of interest Missed deadlines Overbilling or misuse of client funds Failure to obtain client consent (usually for a settlement) Attorney fraud or self-dealing Although these are the...

07 January

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How to Find a Lawyer to Sue Another Lawyer

Posted by Sears Crawford

in Legal Malpractice, We Sue Lawyers

Man shakes hands with malpractice lawyer over signed contract.

An attorney failing to provide adequate representation can have incredibly far-reaching consequences for their clients. If your previous lawyer committed malpractice, and you’ve decided to sue them for it, congratulations! You’ve already done the most difficult part. While hiring another lawyer to fix the mistakes of your previous one might be the last thing you want to do, it is a necessary step in helping yourself get justice and accountability. Once you’ve decided you want to sue your lawyer, figuring out how to find a lawyer to sue another lawyer is the easy part. Ross Sears has been suing lawyers in Texas...

03 January

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Suing for Breach of Fiduciary Duty: What You Need to Know

Posted by Sears Crawford

in Legal Malpractice, We Sue Lawyers

Can I Sue My Lawyer for Breach of Fiduciary Duty?

Breaches of fiduciary duty occur when a professional in a position of trust with a fiduciary duty, like an attorney, fails to act in the best interests of their clients — and yes, you can sue them for it. After your attorney has violated your trust we understand that hiring another lawyer may be the last thing you want to think about, but Sears Crawford has made our name on helping people in your exact situation. Over the years, we’ve helped many clients with suing for breach of fiduciary duty, and we have the knowledge and experience to help you do...

30 August

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How to Get Your Money Back from a Lawyer

Posted by Sears Crawford

in Legal Malpractice

clients demanding a refund from their attorney

If you've had a negative experience with a lawyer and believe you're entitled to get your money back, you’re not alone. Many people find themselves displeased with their lawyer’s services and wondering whether or not they can get their money back, and while it can be challenging, it’s not impossible. This article will guide you through how to get your money back from a lawyer, including how retainer fees work, how to recognize legal malpractice, and what to do if your lawyer damages your case. With more than 30 years of legal malpractice litigation experience under his belt, Super Lawyer Ross Sears...

29 July

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Can I Sue My Lawyer for Taking Too Long?

Posted by Sears Crawford

in Legal Malpractice, We Sue Lawyers

A client sitting by her phone, waiting for her lawyer to call her back.

When you hire an attorney, you expect them to handle your case diligently and promptly. However, if your lawyer takes an unreasonable amount of time to settle your case, it can lead to frustration, financial losses, and other negative consequences. If you find yourself asking, “Can I sue my lawyer for taking too long?”, the answer is yes, you can sue your lawyer for taking too long if their delay constitutes legal malpractice and caused you a financial harm. While the legal process can be inherently slow, excessive delays caused by an attorney's negligence or misconduct are unacceptable. If your lawyer...

08 June

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How To Fire a Lawyer in Texas

Posted by Sears Crawford

in Legal Malpractice, We Sue Lawyers

How to fire a lawyer in Texas, man tearing up contract

If you’re wondering how to fire a lawyer in Texas, you might first want to ask yourself if you should be firing a lawyer. While tensions often run high in attorney-client relationships, firing your attorney is not always necessary. Many disagreements or bumps in the road can be smoothed over with open communication, but the resolution may not be so simple if your attorney’s bad behavior constitutes legal malpractice. Legal malpractice occurs when your attorney acts or fails to act in the way that a reasonable attorney would, and that act or omission causes you harm. If you believe that your attorney...

27 May

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Breach of Fiduciary Duty Examples

Posted by Sears Crawford

in Legal Malpractice, We Sue Lawyers

If you believe that your previous attorney has wronged you, you may be wondering how exactly an attorney can breach their fiduciary duty to you or what are some common breach of fiduciary duty examples. The fiduciary duty is the foundation upon which the entire attorney-client relationship is built, and you need to be able to identify when that foundation cracks before the entire structure falls down on your head. Some ways that your attorney can breach their fiduciary duty to you include: Intentionally breaching the terms of your contract Breaking attorney-client confidentiality Having an undisclosed conflict of interest Miscommunications or half-truths ...

03 May

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Five Things You Need to Know About Suing a Lawyer for Malpractice

Posted by Sears Crawford

in Legal Advice, Legal Malpractice

5 Things You Need to Know About Suing a Lawyer for Malpractice

Hiring a lawyer who commits legal malpractice can be a distressing experience, leaving you feeling betrayed and uncertain about your options moving forward, and likely wondering if justice will ever be served. Whether your lawyer failed to properly handle your case or legal interests, or you’re currently wondering, “When is it too late to fire your attorney?”, understanding your rights — particularly as they relate to the prospect of suing a lawyer for legal malpractice — is vital to getting the justice you deserve. At Sears Crawford, we understand the complexities of legal malpractice cases and are committed to providing our clients...

22 May

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How To Choose the Best Legal Malpractice Attorney for Your Case

Posted by Sears Crawford

in Legal Malpractice

The best way to set yourself up for success in a legal malpractice case is to choose the best legal malpractice attorney that you possibly can. The best way to do that is to research them thoroughly and familiarize yourself with some basic elements of legal malpractice. You’re likely in this position (looking for a new attorney) because you have hired a bad lawyer in the past. Therefore, we’ll skip through the part where we tell you how important the decision to hire your lawyer is. Instead, we’ll take this time to give you some tips that point you in the...

Author: Sears Crawford