12 January

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The Case Within a Case in Attorney Malpractice Lawsuits

Legal team discussing how to win an attorney malpractice lawsuit

When an attorney's negligence or misdeeds cost you a case, the path to justice is more complex than a typical lawsuit. In attorney malpractice lawsuits, you face a unique legal challenge known as the "case within a case." This doctrine requires you to prove two essential elements: That your attorney's conduct fell below professional standards; and That you would have won or achieved a more favorable outcome in your original case had it been handled properly. Essentially, you must, through expert testimony, relitigate your underlying case to demonstrate the damages caused by your attorney's malpractice — a high standard that requires incredibly...

15 December

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5 Examples of Legal Malpractice in Texas

Posted by Sears Crawford

in Legal Malpractice

Gavel on a bench in front of a legal statue

Not every bad outcome in a case equals legal malpractice, but there is a clear line between a disappointing result and an attorney's failure to meet basic professional standards. When your attorney fails to meet the standards of their profession it’s not just frustrating — it can be grounds for a legal malpractice claim. Simply put, legal malpractice occurs when an attorney's negligence or misconduct causes harm to their client. While most Texas lawyers serve their clients diligently and ethically, malpractice does happen — and when it does, you have the right to seek accountability. In this article, we'll walk through five...

09 December

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8 Ways Attorneys Hide Overbilling (and How to Spot Them)

Posted by Sears Crawford

in Legal Malpractice

Man looking at a detailed attorney invoice

While the majority of lawyers bill honestly and ethically, some engage in practices that inflate their fees at your expense. These tactics can be subtle, buried in pages of billing statements, or disguised as standard procedures. The result is the same: you pay far more than you should for legal services. Understanding how unscrupulous attorneys hide overbilling is the first step in protecting yourself. Here are the most common methods they use: Block billing Vague descriptions Task inflation Excessive hours Duplicate billing Billing for overhead Incremental rounding Recycled work product If you suspect you've been overbilled by your attorney, you don't have...

05 December

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What is a Board-Certified Lawyer?

Posted by Sears Crawford

in Legal Malpractice

Hire a Board Certified Lawyer for Your Legal Malpractice Case 1

When you need to hire a lawyer, choosing the right one can be the difference between a great outcome and a possible mistake. Not all lawyers possess the same level of expertise, training, or commitment to their practice areas, which is why finding a board-certified lawyer can give you added confidence that your case is in capable hands. Not every good/competent attorney is Board Certified. In fact, only about 7% of attorneys in the State of Texas are Board Certified. But if you are searching for attorneys you don’t know online, then we recommend you choose someone who is Board Certified....

03 December

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What Is an “Ambulance Chaser” under Texas Law?

Posted by Sears Crawford

in Legal Malpractice

You're barely out of the hospital, still processing the shock of your accident, when your phone rings. A voice on the other end promises to fight for your rights and maximize your compensation — but you never contacted them. How did they even get your number? You've just encountered what Texas law considers one of the most serious violations of legal ethics: an ambulance chaser, also known as Barratry, and it is a Felony. Under Texas law, "ambulance chasing" or Barratry refers to the prohibited practice of improperly soliciting accident victims or their families for legal representation. State rules establish waiting...

24 November

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What Makes a Successful Legal Malpractice Case?

Posted by Sears Crawford

in Legal Malpractice

Legal malpractice lawyer shaking hands with his client

You hired a lawyer because you needed help. You trusted them to protect your interests and fight for you. But instead of getting the capable representation you paid for, your attorney dropped the ball. Maybe they missed a critical deadline, gave you bad advice, or simply didn't do the work. Now you're left wondering: can I actually do something about this? The answer is yes — if your lawyer's mistakes caused you real harm, you may have a successful legal malpractice case if you can prove these four elements: Duty: The attorney had a professional obligation to represent you competently Breach:...

05 October

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How Long Do You Have To Sue an Attorney for Malpractice?

Posted by Sears Crawford

in Legal Malpractice

Male judge showing hourglass in a courtroom.

When your attorney fails to provide competent representation, the consequences are often devastating. Whether it's a missed deadline that destroyed your case, overbilling that drained your finances, or a conflict of interest that doomed your position from the outset, attorney malpractice can leave you feeling betrayed and wondering about your options for recourse. While you can often sue your lawyer for committing malpractice and damaging your case, like all civil claims, attorney malpractice lawsuits are subject to strict time limits known as statutes of limitations. The attorney malpractice statute of limitations in Texas is generally two years from the date of the...

07 August

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Common Lawyer Conflict of Interest Examples

Posted by Sears Crawford

in Legal Malpractice

Two people talking in a dark room in silhouette. Secret meeting that may constitute a conflict of interest.

Legal professionals must follow strict ethical rules to avoid situations where personal interests or other client relationships compromise their ability to provide zealous representation. Conflicts can bring serious consequences, including malpractice claims and disciplinary actions that may require lawyers who sue lawyers to resolve. Common examples of legal conflict of interest include: Representing both parties in a divorce or business dispute where the interests of the clients are directly adverse to each other Taking on a new client whose case involves suing a current or former client without proper consent and conflict waivers Having a personal financial interest in the outcome...

05 August

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7 Early Signs of Malpractice by a Lawyer

Posted by Sears Crawford

in Legal Malpractice

Businessman sitting on the steps looking at his phone angrily

Legal malpractice occurs when an attorney’s representation falls below the legal standard expected of them and it results in harm or damages to their client. By being able to recognize the signs of malpractice early on, you may be able to take appropriate action before irreparable damage occurs, potentially protecting your interests and preserving your legal rights. Here are eight warning signs of malpractice by a lawyer: Missed deadlines Lack of communication Conflicts of interest Inadequate case preparation Billing irregularities Failure to follow client instructions Abandoning the case If you suspect your attorney has committed malpractice, contact Houston legal malpractice attorney Ross...

21 July

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How Mediation Works in Legal Malpractice Cases in Texas

Posted by Sears Crawford

in Legal Malpractice

Legal malpractice mediator going over an agreement with a client

When legal malpractice occurs in Texas, many assume a lawsuit is the only path forward. But mediation in legal malpractice cases in Texas often provides a faster, more cost-effective way to resolve disputes. Mediation, with the help of an experienced legal malpractice mediator, encourages collaboration and often leads to mutually acceptable outcomes without the stress of and expense trial. Here's how the mediation process typically works: Initial consultation and preparation. Both parties meet with their attorneys to review the case details, gather relevant documentation, and prepare their positions for mediation. Mediator selection. The parties agree on a neutral third-party mediator, preferably...