Legal Malpractice

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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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Texas Rules of Professional Conduct: Everything You Need to Know

The Texas Rules of Professional Conduct (TDRPC) govern the ethical responsibilities of attorneys practicing in the state. Established by the Texas State Bar, these rules ensure attorneys maintain the highest standards of integrity and professionalism. For clients, understanding when an attorney has violated these rules can offer insights into what to expect from their lawyers — and what actions might constitute legal malpractice. An attorney’s violation of these rules is not enough, standing alone to file a lawsuit, but if they fail to meet the expectations set forth in the TDRPC while handling your case and their actions or inactions result...

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How To Sue a Lawyer for Malpractice

Scales of justice in a dark courtroom.

Hiring a lawyer means entering into a relationship of trust; you trust them to advocate for your best interests, solve complex issues, and act ethically throughout the process. But what happens when your attorney’s negligence or misconduct derails your case or causes you financial harm? Luckily, the attorney-client relationship is not just a relationship of trust but one protected by professional and fiduciary standards — which means if your lawyer commits malpractice, you can sue them. For those wondering how to sue a lawyer, we’re here to tell you that while the process can be incredibly complicated, you can get justice....

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Most Common Types of Legal Malpractice in Texas

Most Common Types of Legal Malpractice in Texas

As lawyers who sue lawyers for malpractice in Houston, we’ve seen it all. Our co-founder and Texas legal malpractice attorney, Ross Sears, has been holding lawyers accountable for their actions for more than 30 years, for everything you can imagine — countless types of legal malpractice, and professional negligence. Some of the more common types of legal malpractice we see at Sears Crawford include the following: Failure to know or apply the law Conflicts of interest Missed deadlines Overbilling or misuse of client funds Failure to obtain client consent (usually for a settlement) Attorney fraud or self-dealing Although these are the...

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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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