Legal Malpractice

Sears Crawford LLP > Legal Malpractice

Breach of Fiduciary Duty Examples

Breach of Fiduciary Duty Examples

If you believe that your previous attorney has wronged you, you may be wondering how exactly an attorney can breach their fiduciary duty to you or what are some common breach of fiduciary duty examples. The fiduciary duty is the foundation upon which the entire attorney-client relationship is built, and you need to be able to identify when that foundation cracks before the entire structure falls down on your head. Some ways that your attorney can breach their fiduciary duty to you include: Intentionally breaching the terms of your contract Breaking attorney-client confidentiality Having an undisclosed conflict of interest Miscommunications or half-truths ...

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Five Things You Need to Know About Suing a Lawyer for Malpractice

5 Things You Need to Know About Suing a Lawyer for Malpractice

Hiring a lawyer who commits legal malpractice can be a distressing experience, leaving you feeling betrayed and uncertain about your options moving forward, and likely wondering if justice will ever be served. Whether your lawyer failed to properly handle your case or legal interests, or you’re currently wondering, “When is it too late to fire your attorney?”, understanding your rights — particularly as they relate to the prospect of suing a lawyer for legal malpractice — is vital to getting the justice you deserve. At Sears Crawford, we understand the complexities of legal malpractice cases and are committed to providing our clients...

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What is Considered Malpractice for an Attorney?

What is Considered Malpractice for an Attorney?

If you recently got out of a bad situation with an attorney or wrapped up a case with less-than-stellar results, you may be wondering what is considered an innocent mistake for an attorney and what is considered malpractice. Although not every mistake an attorney makes is considered malpractice, there are a lot of ways in which an attorney can commit malpractice. At Sears Crawford, our job is to fight for our clients who have been wronged by their previous attorneys and get them what they deserve. We know the ins and outs of legal malpractice and are here to discuss what is...

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What is Breach of Contract in Legal Malpractice?

What is Breach of Contract in Legal Malpractice?

What is a breach of contract? It’s a question that our legal malpractice clients often ask. When you enter into an attorney-client relationship, you typically (but not always) sign a contract that outlines the agreements and nature of the relationship. This contract can either be verbal or written. In the simplest terms, a breach of contract occurs when your attorney does not honor the specific terms of this agreement. At Sears Crawford, we sue lawyers that have failed to meet their contractual obligations to their clients. As lawyers who sue lawyers, we take the attorney-client relationship and our responsibility to our clients...

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Do Lawyers Have To Carry Malpractice Insurance?

An attorney signing paperwork with a Themis statue in the foreground.

Legal malpractice insurance offers essential protection to both attorneys and their clients if something goes wrong in your case, but do lawyers have to carry malpractice insurance? Unfortunately, the answer in Texas is NO! In this comprehensive article, Ross Sears of Sears Crawford is here to talk about everything legal malpractice insurance, including why it is important, what it covers, and how to find out if your attorney carries it. Ross has been suing lawyers who have committed malpractice and harmed their clients for over 30 years. If anyone knows the importance of legal malpractice insurance — or how to spot when...

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What Is the Standard Contingency Fee for an Attorney?

Dictionary open to the definition of “attorney’s fees.”

Contingency fees are a very common structure for attorney-client payment agreements, although for most clients typical attorney fee percentages are unknown. How much is appropriate? What is the standard contingency fee for an attorney? And maybe more importantly: how do I know when my lawyer is overcharging me? Ross Sears is one of the preeminent lawyers that sues lawyers in all of Texas. He is one of the founding attorneys of Sears Crawford and has been suing lawyers in Texas for over 30 years. Today he is here to discuss all things contingency fees, including average fees, limitations, and how to...

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Can I Fire My Attorney if I Signed a Contract?

Closeup of two men shaking hands over signed paperwork.

Your attorney should be your greatest ally during difficult times, but sometimes attorneys aren’t who you hoped they would be, and you may find yourself wondering if you can get out of a bad relationship or if it’s too late. Can I fire my attorney if I signed a contract? If you’re asking yourself this question, you’re in the right place. While firing your attorney in Texas is as simple as saying “you’re fired,” the consequences of that action can be deceptively complex, and you should make sure you get professional guidance before making any big decisions, Ross Sears and the...

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How To Fight Excessive Attorney Fees

Hands counting out a stack of 100-dollar bills.

Although your attorney is often your fiercest and most important advocate during the hardest times of your life, it’s no surprise that hiring one can be expensive. But what do you do when your attorney charges you more than they should? At what point does it become unethical, and what can you do about it? Attorney overbilling happens a lot more often than you would expect, and clients often don’t realize they are being taken advantage of until it’s too late to do anything about it. If your attorney overcharged you or charged you for services they didn’t perform, it might...

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How To Tell if Your Lawyer Is Cheating You on a Settlement

Lawyer handing a check to their client.

You probably know that settlements for personal injury and other civil matters can be incredibly complex processes that require the services of specialized attorneys, but do you know how to tell if your lawyer is cheating you on a settlement? If you believe that your attorney isn’t acting in your best interests, they may just be communicating poorly — but they also may have committed legal malpractice. If their negligent actions caused you damages, you need to talk to a trusted malpractice lawyer before it’s too late to get what you deserve. Ross Sears, the lawyer who sues lawyers at Sears Crawford,...

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Can My Lawyer Settle My Case Without Me?

Close-up of a hand holding a pen over a contract about to sign.

If you’ve found yourself wondering “Can my lawyer settle my case without me?” then chances are you're unhappy with the results of your settlement, your lawyer, or both. Your attorney is meant to be your last line of defense during a difficult time, unwaveringly looking out for your best interests no matter the circumstances. So when an attorney settles your case without your consent or knowledge, it’s not only a major violation of trust, but the Model Rules of Professional Conduct that all attorneys must abide by. If your attorney settled your case without your consent or otherwise caused you harm,...

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