Author: Sears Crawford

Sears Crawford LLP > Articles posted by Sears Crawford

How to Get Your Money Back from a Lawyer

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...

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Can I Sue My Lawyer for Taking Too Long?

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...

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How To Fire a Lawyer in Texas

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...

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Breach of Fiduciary Duty Examples

Breach of Fiduciary Duty Examples

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 ...

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

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How To Choose the Best Legal Malpractice Attorney for Your Case

Attorney shaking hand with a client

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...

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Types of Damages in a Legal Malpractice Case

Gavel atop a pile of cash, next to a calculator

Those who have been harmed by their previous attorney’s negligence and are looking to sue their lawyer are likely wondering what types of damages are recoverable in a Texas legal malpractice case. The attorneys at Sears Crawford know legal malpractice in Texas. Ross Sears II, the lawyer who sues lawyers at Sears Crawford, has been suing lawyers in Texas for over 30 years, protecting his clients’ interests and fighting for what they deserve. Call Ross Sears at Sears Crawford today at (713) 223-3333 for a free consultation. How legal malpractice damages work Damages recoverable in cases of legal malpractice in Texas are generally and...

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Can I Sue My Lawyer for Losing My Lawsuit?

Attorney speaking at the stand

Those who have had a bad experience with a previous lawyer can feel like they have no options. You probably wish you could start over and hire someone else from the beginning, and are likely wondering what you can do about it now. You may even find yourself asking questions that parrot, “Can I get my case reopened? Can I file a complaint? Can I sue my lawyer?” At Sears Crawford, as lawyers that sue lawyers, we get that last question a lot. Can you sue your lawyer for losing your case? You might be able to, but it depends on...

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When To File an Ethics Complaint Against a Lawyer vs When To Sue Them

Lady justice holding the scales

At Sears Crawford, we know that there are many reasons to be unhappy with your attorney, but it can be hard to know when to file an ethics complaint against a lawyer and when to sue them. Did your lawyer simply act in an unpleasant manner, or did they do something to mess up your case and cause you harm? At Sears Crawford, we know legal malpractice when we see it. We sue lawyers and have been doing so for over 30 years.  We protect our clients’ interests and maintain the integrity of our profession. If your lawyer screwed up your...

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Do Not Hire A Lawyer Who Does Not Carry 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 that lawyer is “do you carry legal malpractice insurance?” If the answer is “no,” walk away from their office. DO NOT EVER hire a lawyer that doesn’t carry malpractice insurance. An attorney commits legal malpractice, either intentionally or unknowingly, when they “act or fail to act” in a manner that a reasonable and prudent attorney would (or would not) act under the same or similar circumstances, and that action or inaction causes damages to their client. When this happens, legal malpractice insurance exists to protect the lawyer, but...

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