Legal Malpractice

Sears Crawford LLP > Legal Malpractice

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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Common Lawyer Conflict of Interest Examples

Two people talking in a dark room in silhouette. Secret meeting that may constitute a conflict of interest.

Legal professionals must follow strict ethical rules to avoid situations where personal interests or other client relationships compromise their ability to provide zealous representation. Conflicts can bring serious consequences, including malpractice claims and disciplinary actions that may require lawyers who sue lawyers to resolve. Common examples of legal conflict of interest include: Representing both parties in a divorce or business dispute where the interests of the clients are directly adverse to each other Taking on a new client whose case involves suing a current or former client without proper consent and conflict waivers Having a personal financial interest in the outcome...

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7 Early Signs of Malpractice by a Lawyer

Businessman sitting on the steps looking at his phone angrily

Legal malpractice occurs when an attorney’s representation falls below the legal standard expected of them and it results in harm or damages to their client. By being able to recognize the signs of malpractice early on, you may be able to take appropriate action before irreparable damage occurs, potentially protecting your interests and preserving your legal rights. Here are eight warning signs of malpractice by a lawyer: Missed deadlines Lack of communication Conflicts of interest Inadequate case preparation Billing irregularities Failure to follow client instructions Abandoning the case If you suspect your attorney has committed malpractice, contact Houston legal malpractice attorney Ross...

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How Mediation Works in Legal Malpractice Cases in Texas

Legal malpractice mediator going over an agreement with a client

When legal malpractice occurs in Texas, many assume a lawsuit is the only path forward. But mediation in legal malpractice cases in Texas often provides a faster, more cost-effective way to resolve disputes. Mediation, with the help of an experienced legal malpractice mediator, encourages collaboration and often leads to mutually acceptable outcomes without the stress of and expense trial. Here's how the mediation process typically works: Initial consultation and preparation. Both parties meet with their attorneys to review the case details, gather relevant documentation, and prepare their positions for mediation. Mediator selection. The parties agree on a neutral third-party mediator, preferably...

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What to Do if Your Attorney Steals Your Settlement

Attorney handing their client a settlement check.

Few situations feel more devastating than discovering your attorney may have stolen money from your settlement. You placed your trust in a professional who should have protected your interests, only to have that trust taken advantage of for their own financial gain. If you find yourself in this nightmare scenario, you need a Houston legal malpractice attorney to help you stop the bleeding and find justice. Settlement theft by attorneys represents one of the most serious forms of legal malpractice, involving not just professional negligence but also breach of fiduciary duty, and possibly even criminal conduct. When lawyers misappropriate client funds,...

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Four Elements of Legal Malpractice in Texas

Attorneys discussing legal malpractice issues in Texas

When an attorney fails to provide competent representation, it can wreak havoc on the lives of clients. You may be stuck facing your original legal issue as well as the harm caused by your lawyer's negligence. Fortunately, you have rights as a client to seek recourse when your attorney's professional performance falls short of reasonable standards. To successfully pursue a legal malpractice claim, the following key elements of legal malpractice in Texas must be established: An attorney-client relationship existed, creating a duty of care; The attorney breached this duty through negligence or misconduct; The breach proximately caused harm to the client; ...

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