Legal Malpractice

Sears Crawford LLP > Legal Malpractice

How to Find a Lawyer to Sue Another Lawyer

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...

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

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...

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5 Reasons to Sue an Attorney

angry legal client complaining to her attorney

When you hire a lawyer, you trust them to handle your legal matters with professionalism and expertise. Unfortunately, not all attorneys live up to these expectations. While suing a lawyer for malpractice is a serious decision, it is sometimes necessary to protect your rights and interests. Here are a few reasons to sue an attorney: Negligence Breach of contract Breach of fiduciary duty Missed deadlines Administrative errors If you believe your attorney has committed any of these breaches of professional duty, Sears Crawford specializes in attorney malpractice cases and understands the complex nature of these claims. Co-founding attorney, Ross Sears has over...

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What Constitutes a Conflict of Interest?

Attorney shaking hands with another man steeped in shadows.

If your lawyer has a conflict of interest, meaning their best interests are for any reason in opposition to yours, it could cause them to be unable to do their job as a fiduciary — but what constitutes a conflict of interest for a lawyer, exactly? There are several ways that your attorney’s interests may clash with yours, compromising their ability to provide you fair and effective representation. Some common situations, which we will discuss in further detail, that constitute conflicts of interest for lawyers include: Representing competing clients Personal financial interests Former client conflicts Third-party influences Personal relationships with opposing...

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How Do You Prove Legal Malpractice?

Group of people pour over legal documents.

Legal malpractice occurs when your attorney’s actions, or inactions, fall below the standard of care and it causes you harm — but how do you prove legal malpractice and successfully sue your lawyer? Proving legal malpractice is almost always complicated, and having an attorney with experience suing lawyers can make all the difference. The four elements that your legal malpractice attorney must prove to sue your previous lawyer are: Duty of care Breach of that duty Proximate cause Damages If your attorney can prove these four things, then you have a case against your previous lawyer and have a chance at getting...

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When to Sue My Attorney for Malpractice

Attorney and client going over a contract.

You trust that when you hire a lawyer to take your case, you’ll be getting competent and ethical representation — but this isn’t always what happens. Sometimes attorneys, whether by unethical misconduct or simple negligence, take actions that harm their clients’ cases, leaving many wondering when to sue their attorneys for malpractice. We’ll tell you now: if your lawyer’s performance has significantly harmed your case or caused you financial loss, it might be time to seek justice by suing them for legal malpractice. Ross Sears has been suing lawyers in Texas for over 30 years, and he’s here today to tell you...

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Most Common Types of Legal Malpractice in Texas

Most Common Types of Legal Malpractice in Texas

As lawyers that sue lawyers for malpractice, we handle cases involving many types of legal malpractice at Sears Crawford. If you’ve been harmed by the actions of your previous attorney and aren’t sure if you can sue them, reading up on the common types of legal malpractice can help you know if you have a case against them. In Texas, legal malpractice occurs when an attorney fails to perform their legal duties at the standard required of them, resulting in harm to the client. The consequences of legal malpractice can be severe; sometimes, financial loss and emotional distress are just the...

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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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Can You Sue a Lawyer for Not Doing Their Job?

A frustrated couple complaining to their lawyer

It’s a question prospective clients ask us all the time: “Can you sue a lawyer for not doing their job?” If you’re entrusting your well-being to an attorney, it’s only natural to wonder if they are doing their job correctly and to feel entitled to their time and attention. After all, hiring an attorney is usually done during the most stressful times in your life, so we understand that clients have high expectations. The short answer: Yes. You can sue a lawyer for not doing their job if they have failed to meet the professional standards expected of them, and their...

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