08 July

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How To Fire a Lawyer in Texas

The attorney-client relationship depends on trust, communication, and results. When that foundation breaks down, Texas law gives you the right to make a change. Whether your attorney has gone silent, mishandled your case, or just isn't the right fit anymore, you don't have to stay stuck. Knowing how to fire a lawyer the right way helps to protect your case and your legal rights. Here's how to make the switch: Review your engagement agreement It’s better to find new counsel before you terminate Notify your attorney in writing Request your case file Settle any outstanding fees Confirm the transition with your...

01 July

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What Is an Attorney’s Obligation to Return Client Files in Texas?

Posted by Sears Crawford

in Legal Malpractice

Man on the phone asking his lawyer for his client's files

Texas law is clear on this point: a client's file belongs to the client. Once the attorney-client relationship ends, the attorney is obligated to promptly return all documents, records, and materials the client is entitled to, regardless of whether outstanding fees are owed. Despite this, some attorneys delay, stall, or refuse entirely, leaving clients scrambling to protect their legal interests without the evidence and paperwork their case depends on. Ross Sears of Sears Crawford is an aggressive legal malpractice attorney in Houston with more than 30 years experience fighting for clients whose attorneys have wronged them. In this article Ross breaks...

25 June

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Legal Malpractice Complaint vs. Bar Complaint: Do You Have a Case?

Posted by Sears Crawford

in Legal Malpractice

An attorney reviewing a legal malpractice complaint

When your attorney lets you down, your first instinct might be to file a complaint, but figuring out how and where to file it is where many people get stuck. Complaints against your attorney are generally lumped into the same category, but a complaint to the State Bar and a legal malpractice complaint against your lawyer are two very different things with two very different goals. Here’s how to tell which type of complaint you have: Factor Legal malpractice claim Bar complaint Goal Recover financial losses Discipline the attorney Who handles it Civil court State Bar of Texas What you must prove Negligence caused you harm Ethical or professional misconduct Possible outcome Money damages Suspension, reprimand,...

10 June

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How to Win an Attorney Malpractice Suit in Texas

Posted by Sears Crawford

in Legal Malpractice

Legal malpractice attorney with his hands up after winning a malpractice suit

Your attorney was supposed to be in your corner. Instead, their negligence, missed deadlines, or outright incompetence may have cost you a case you should have won. The frustrating reality is that holding a lawyer accountable means going through the legal system all over again, this time with the right representation on your side. Filing an attorney malpractice suit in Texas is one of the most layered legal battles a person can face, but it is definitely winnable. Here’s exactly what it takes: Understand what qualifies as legal malpractice Gather and preserve evidence of your attorney's negligence Prove the four elements...

23 May

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Why is My Lawyer Getting More Money than Me?

Posted by Sears Crawford

in Legal Malpractice

If you've recently settled a case and walked away with less than you expected while your attorney collected a substantial fee, and got more money than you, you're not alone in asking: Why is my lawyer getting more money than me? The answer depends on your fee agreement, the type of case, and how costs were handled. There are a few reasons this can happen: Contingency fee percentage was higher than standard (33% – 40% is typical; anything beyond that warrants scrutiny) Case expenses and litigation costs were deducted from your share, not the attorney's and your fee contract with the...

22 April

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7 Tips for Selecting the Best Legal Malpractice Attorney in Texas

Posted by Sears Crawford

in Legal Malpractice

There is a reason legal malpractice cases are among the hardest to win without the right representation. You are not just proving what went wrong. You are proving what should have happened and what it cost you. Finding the best legal malpractice attorney in Texas for your situation means looking beyond a basic Google search. Here is what actually matters: Board certification in personal injury law (which includes legal malpractice) Specific and extensive legal malpractice experience A working knowledge of the case-within-a-case doctrine A proven track record against other attorneys The willingness to take your case to trial A successful track...

14 April

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What To Do If Your Lawyer Is Not Helping You

Posted by Sears Crawford

in Legal Malpractice

Frustrated man on the phone, unable to get in contact with his lawyer

Every year, thousands of Texans lose winnable cases — not because the law wasn't on their side, but because their attorney simply stopped showing up for them. Whether it's ignored calls, missed deadlines, or a settlement offer you never agreed to, a lawyer who isn't doing their job isn't just frustrating. It could cost you everything. If you've found yourself wondering what to do if your lawyer is not helping you, you're not alone, and you're not without options. Before you do anything else, contact your attorney (in writing, email is fine), asking them to timely and properly update you and...

24 March

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8 Questions to Ask Your Legal Malpractice Attorney in Texas

Posted by Sears Crawford

in Legal Malpractice

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...

08 March

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What Qualifies as Attorney Professional Misconduct in Texas?

Posted by Sears Crawford

in Legal Malpractice

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...

08 February

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When Can I Sue My Lawyer?

Posted by Sears Crawford

in Legal Malpractice

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...