10 November

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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...

10 October

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When to Sue My Attorney for Malpractice

Posted by Jordan Grimmer

in Legal 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...

30 August

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How to Get Your Money Back from a Lawyer

Posted by Sears Crawford

in Legal Malpractice

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...

29 July

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Can I Sue My Lawyer for Taking Too Long?

Posted by Sears Crawford

in Legal Malpractice, We Sue Lawyers

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...

22 July

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Can You Sue a Lawyer for Not Doing Their Job?

Posted by Sears Crawford

in Legal Malpractice, We Sue Lawyers

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...

24 June

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What Do I Do If My Lawyer Lost My Case?

Posted by Sears Crawford

in Legal Malpractice

Frustrated clients argue with an attorney who lost their case.

My lawyer lost my case. What can I do next? Do I have to just give up and move on, or can I appeal the decision or get another lawyer? You may be asking yourself these questions if you’ve just wrapped up a legal matter and the results were not quite what you hoped. Sometimes good attorneys lose tough cases, and there is nothing that can be done — but sometimes attorneys don’t perform their duties adequately, make mistakes, and screw up cases that are otherwise winnable. If the latter was the case for you, you may still have a path...

08 June

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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

If you’re wondering how to fire a lawyer in Texas, you might first want to ask yourself if you should be firing a lawyer. While tensions often run high in attorney-client relationships, firing your attorney is not always necessary. Many disagreements or bumps in the road can be smoothed over with open communication, but the resolution may not be so simple if your attorney’s bad behavior constitutes legal malpractice. Legal malpractice occurs when your attorney acts or fails to act in the way that a reasonable attorney would, and that act or omission causes you harm. If you believe that your attorney...

27 May

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Breach of Fiduciary Duty Examples

Posted by Sears Crawford

in Legal Malpractice, We Sue Lawyers

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 ...

03 May

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

Posted by Sears Crawford

in Legal Advice, Legal 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...

22 April

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What is Considered Malpractice for an Attorney?

Posted by Sears Crawford

in Legal Malpractice

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...