Can I Sue My Lawyer for Breach of Fiduciary Duty?
The answer is YES, under the right circumstances. Over the years, we’ve had many clients contact us with the question, “Can I sue my lawyer for breach of fiduciary duty?” As lawyers that sue lawyers, the attorneys at Sears Crawford have extensive knowledge and experience in successfully helping clients with these types of cases. We are a team of attorneys you can trust to handle your case.
If you decide to sue your lawyer, our skilled attorneys at Sears Crawford are here to explain how to go about filing a claim against your former attorney.
What is breach of fiduciary duty?
If you’re looking to sue an attorney for breach of fiduciary duty in Texas, it’s important to first know what is considered malpractice for an attorney, and the difference between simple malpractice and Breach of Fiduciary Duty. A “fiduciary duty ”is the highest duty imposed by law, and means that your attorney must put your interest ahead of their own. In other words, YOU MUST ALWAYS COME FIRST!
For more information on types of breach of fiduciary, please see our article regarding breach of fiduciary duty examples.
How do you prove breach of fiduciary duty?
In order to sue your lawyer for breach of fiduciary duty, you must first be able to prove that your lawyer is guilty of this type of malpractice. As your Houston legal malpractice attorney, we will help you to prove the following for your malpractice lawsuit:
- There was a duty owed: You must prove that a fiduciary relationship existed and that your attorney owed you a duty to represent your best interests. This is typically established via a written contract, although it can be verbal under some circumstances.
- That duty was breached: The lawyer acted or failed to act in a way that harmed the client and in a way that a reasonable and prudent attorney under the same or similar circumstances would not have acted.
- That the breach of duty resulted in harm to the client: The harm is typically proven by showing that the outcome of the client’s case would have been better for the client if the attorney had done what he or she was required to do under the standard of care for attorneys in the same or similar situation, and the outcome benefitted the attorney to the client’s detriment.
- The breach in some way benefitted the attorney: Typically, (but not always) to prove Breach of Fiduciary Duty, the client must prove that the lawyer acted in his/her own self interest to the detriment of the client and in a way that benefitted the attorney. This can also arise when a lawyer fails to disclose conflicts of interests, and other actions.
These types of claims are not always easy to prove, which is why it is critically important to hire the right malpractice attorney, who has experience handling these types of cases.
Please note that there are alternatives to suing your lawyer. However, if you decide to sue your lawyer for breach of fiduciary duty in Texas, it’s wise to find an attorney who has extensive experience in suing a lawyer for malpractice.
Suing an Attorney for Breach of Fiduciary Duty? Contact Sears Crawford to Take Your Case
Can I sue my lawyer for breach of fiduciary duty? Yes, you can. But when suing an attorney for breach of fiduciary duty in Texas, don’t just let anyone represent you. At Sears Crawford, we sue lawyers in Houston, throughout Texas, and across the country, for over 30 years.
Ross Sears and Clay Crawford have 60 years of combined experience handling successful legal malpractice cases. For any questions regarding breach of fiduciary duty or legal concepts including knowing participation, schedule a FREE initial consultation, contact us online or call at 713-223-3333 today.
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