Legal Malpractice

Sears Crawford LLP > Legal Malpractice

8 Questions to Ask Your Legal Malpractice Attorney in Texas

Hiring a legal malpractice attorney in Texas, shaking their hand

Your lawyer was supposed to fight for you — and they failed. Now you're left dealing with the fallout of their negligence while facing the uncomfortable reality that the only way to get justice is to go through the legal system again, this time with a lawyer who will actually do their job. Finding a legal malpractice attorney in Texas isn't easy, but asking the right questions before you hire one makes all the difference. Sears Crawford was built by lawyers that sue lawyers for malpractice in Texas, and after more than 30 years of doing exactly that, we know what...

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What Qualifies as Attorney Professional Misconduct in Texas?

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...

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When Can I Sue My Lawyer?

Angry man in court, suing his lawyer

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...

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The Case Within a Case in Attorney Malpractice Lawsuits

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...

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5 Examples of Legal Malpractice in Texas

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...

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8 Ways Attorneys Hide Overbilling (and How to Spot Them)

Man looking at a detailed attorney invoice

While the majority of lawyers bill honestly and ethically, some engage in practices that inflate their fees at your expense. These tactics can be subtle, buried in pages of billing statements, or disguised as standard procedures. The result is the same: you pay far more than you should for legal services. Understanding how unscrupulous attorneys hide overbilling is the first step in protecting yourself. Here are the most common methods they use: Block billing Vague descriptions Task inflation Excessive hours Duplicate billing Billing for overhead Incremental rounding Recycled work product If you suspect you've been overbilled by your attorney, you don't have...

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What is a Board-Certified Lawyer?

Hire a Board Certified Lawyer for Your Legal Malpractice Case 1

When you need to hire a lawyer, choosing the right one can be the difference between a great outcome and a possible mistake. Not all lawyers possess the same level of expertise, training, or commitment to their practice areas, which is why finding a board-certified lawyer can give you added confidence that your case is in capable hands. Not every good/competent attorney is Board Certified.  In fact, only about 7% of attorneys in the State of Texas are Board Certified. But if you are searching for attorneys you don’t know online, then we recommend you choose someone who is Board Certified....

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What Is an “Ambulance Chaser” under Texas Law?

Texas lawyer calling her client

You're barely out of the hospital, still processing the shock of your accident, when your phone rings. A voice on the other end promises to fight for your rights and maximize your compensation — but you never contacted them. How did they even get your number? You've just encountered what Texas law considers one of the most serious violations of legal ethics: an ambulance chaser, also known as Barratry, and it is a Felony. Under Texas law, "ambulance chasing" or Barratry refers to the prohibited practice of improperly soliciting accident victims or their families for legal representation. State rules establish waiting...

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What Makes a Successful Legal Malpractice Case?

Legal malpractice lawyer shaking hands with his client

You hired a lawyer because you needed help. You trusted them to protect your interests and fight for you. But instead of getting the capable representation you paid for, your attorney dropped the ball. Maybe they missed a critical deadline, gave you bad advice, or simply didn't do the work. Now you're left wondering: can I actually do something about this? The answer is yes — if your lawyer's mistakes caused you real harm, you may have a successful legal malpractice case if you can prove these four elements: Duty: The attorney had a professional obligation to represent you competently Breach:...

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How Long Do You Have To Sue an Attorney for Malpractice?

Male judge showing hourglass in a courtroom.

When your attorney fails to provide competent representation, the consequences are often devastating. Whether it's a missed deadline that destroyed your case, overbilling that drained your finances, or a conflict of interest that doomed your position from the outset, attorney malpractice can leave you feeling betrayed and wondering about your options for recourse. While you can often sue your lawyer for committing malpractice and damaging your case, like all civil claims, attorney malpractice lawsuits are subject to strict time limits known as statutes of limitations. The attorney malpractice statute of limitations in Texas is generally two years from the date of the...

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