Legal Malpractice

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7 Early Signs of Malpractice by a Lawyer

Posted by Sears Crawford

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

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...

14 June

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What to Do if Your Attorney Steals Your Settlement

Posted by Sears Crawford

Attorney handing their client a settlement check.

Few situations feel more devastating than discovering your attorney may have stolen money from your settlement. You placed your trust in a professional who should have protected your interests, only to have that trust taken advantage of for their own financial gain. If you find yourself in this nightmare scenario, you need a Houston legal malpractice attorney to help you stop the bleeding and find justice. Settlement theft by attorneys represents one of the most serious forms of legal malpractice, involving not just professional negligence but also breach of fiduciary duty, and possibly even criminal conduct. When lawyers misappropriate client funds,...

21 April

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Four Elements of Legal Malpractice in Texas

Posted by Sears Crawford

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; ...

03 March

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Texas Rules of Professional Conduct: Everything You Need to Know

Posted by Sears Crawford

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...

04 February

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How To Sue a Lawyer for Malpractice

Posted by Sears Crawford

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....

03 February

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Most Common Types of Legal Malpractice in Texas

Posted by Sears Crawford

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...

07 January

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How to Find a Lawyer to Sue Another Lawyer

Posted by Sears Crawford

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...

03 January

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Suing for Breach of Fiduciary Duty: What You Need to Know

Posted by Sears Crawford