25 September

Sticky

What Are the Different Types of Malpractice Damages?

Gavel atop a pile of cash, next to a calculator

Legal malpractice damages generally fall into four categories: compensatory damages (the "case within a case" losses you actually suffered), consequential damages (additional losses caused by the attorney's error), punitive damages (rare, reserved for egregious misconduct), and, in some cases, disgorgement of fees paid to the attorney. Proving your attorney made a mistake is often the easy part of a legal malpractice case. The harder part, the part that decides whether you actually recover anything, is proving what that mistake cost you. That dollar figure comes from one (or more) of four recognized types of damages: Compensatory damages: What your original case...

21 August

0 Comments

Sticky

Can I Fire My Lawyer Before Trial?

Posted by Sears Crawford

in Legal Malpractice

Serious businessman on the phone firing his attorney before trial

Yes, you can generally fire your lawyer anytime, including before trial for any reason, though timing and cause can affect court approval, fee disputes, and case delays. Clients who lose confidence in their attorney's preparation or communication have the right to switch counsel before proceedings begin. Trial dates loom large, and so does the fear of walking into court with a lawyer you no longer trust. That fear leads many clients to ask the same urgent question: can I fire my lawyer before trial? The short answer is yes: you have the right to terminate your attorney-client relationship at any point...

08 August

0 Comments

Sticky

Can Lawyers Solicit Clients After An Accident In Texas?

Posted by Sears Crawford

in Legal Malpractice

Female attorney on the phone, soliciting a client after an accident in Texas

No, Texas lawyers generally cannot solicit accident victims directly through phone calls, texts, or in-person visits, and unsolicited written communications about a specific incident are barred within 30 days of the accident under Texas law. Direct solicitation of this kind violates Texas Penal Code § 38.12 (barratry) and Texas Disciplinary Rule of Professional Conduct 7.03, and can carry criminal penalties, recovery of money penalties, and bar discipline. Your phone rings twelve hours after the crash, and somehow, a lawyer already knows your name. That kind of timing isn't a coincidence, and it isn't legal either. So, can lawyers solicit clients after...

08 July

0 Comments

Sticky

How To Fire a Lawyer in Texas

Posted by Sears Crawford

in Legal Malpractice, We Sue Lawyers

How to fire a lawyer in Texas, man tearing up contract

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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...

13 May

0 Comments

Sticky

Can I Fire My Attorney if I Signed a Contract?

Posted by Sears Crawford

in Legal Advice, Legal Malpractice

Texas attorney with his head in his hands

Signing a contract with your attorney doesn't mean you've surrendered your rights. It means you hired someone who now has a professional obligation to earn them. If your lawyer is failing you, you don't have to sit back and watch your case suffer. The answer to "can I fire my attorney if I signed a contract?" is almost always yes, but how and when you do it matters. This is especially true if their failures rise to the level of legal malpractice. Here's what you need to know: You have the right to fire your attorney at any time, even after signing...

22 April

0 Comments

Sticky

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...