Legal Malpractice

Sears Crawford LLP > Legal Malpractice (Page 3)

Negligence vs Malpractice: What is the Difference?

Spines of many law books

What is the difference between negligence vs malpractice? You hear both words thrown around whenever a professional doesn’t do their job but is there a difference? Attorneys owe their clients a fiduciary duty, often called a duty of care, to act with their client’s best interests in mind 100% of the time. When that duty of care is broken, the signs can point to either negligence or malpractice taking place — which are both essentially the same, and are serious matters. So, how can you tell whether negligence vs malpractice is present in your current attorney-client relationship? The legal malpractice attorneys...

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What Does My Lawyer’s Fiduciary Duty Require?

What does my lawyer's fiduciary duty require?

When you hire a lawyer to represent you, you are placing your trust in them to act in your best interests — this is known as your lawyer's fiduciary duty. The fiduciary duty of care requires that your lawyer always act with your best interests in mind over their own, and exercise the utmost care and diligence in representing you. This includes making sure that you are fully informed about all aspects of your case and giving you honest legal advice throughout the entire process. Your lawyer must also keep any information about your case confidential unless you give them permission to...

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I Think I Hired a Lawyer With a Conflict of Interest

Client reviewing their contract with their lawyer after they hired a lawyer with a conflict of interest

All lawyers have a fiduciary duty to avoid conflicts of interest and to provide unwavering advocacy on their client's behalf — however, some lawyers violate their fiduciary duty by placing their own interests above their client’s. Where does this leave the client? If you’re thinking, “I might have hired a lawyer with a conflict of interest. What do I do now?” The legal malpractice attorneys in Houston from Sears Crawford are here to guide you through what classifies as a legal conflict of interest and the steps you can take if you believe your lawyer has committed legal malpractice. Here's everything you...

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How To Fire a Lawyer in Texas

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

Clients wondering how to fire a lawyer in Texas should also consider whether their attorney’s behavior amounts to legal malpractice. Tensions can run high in attorney-client relationships. Disagreements on strategy, perceived lack of commitment, apathy towards a case, infrequent communication — there are a number of reasons for firing your attorney. All of these examples are frequent and extreme annoyances, but in certain cases, they can also give rise to a lawsuit for malpractice. Sears Crawford’s legal malpractice attorneys in Houston have been suing lawyers for over 30 years, and are here to tell you when and how to fire a...

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Hiring a Legal Malpractice Attorney in Texas

Hiring a legal malpractice attorney in Texas, shaking their hand

Hiring a legal malpractice attorney in Texas can be a daunting task. Clients who have been harmed by a previous attorney surely won’t want to relive the process and stress of having to find and hire another attorney, not to mention finding a Lawyer who sues other lawyers — but if they don’t hire another lawyer, how can they seek justice? If your previous attorney did not fulfill their duty to you, then you need a legal malpractice attorney in Texas this time around. You need an attorney who specializes in holding lawyers accountable, bringing justice to clients, and restoring integrity...

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What to Look For in a Texas Legal Malpractice Attorney

Texas legal malpractice attorney fighting against attorney negligence in court

To increase your chances of winning a Texas legal malpractice case and successfully suing your lawyer, you’ll need to prove that your attorney’s conduct fell below the Standard of Care required of lawyers in the State of Texas. How do you do this? You hire a top legal malpractice attorney in Texas. When looking for a lawyer to represent you to sue your ex-lawyer, it’s important to ask the right questions. This includes asking if your potential new attorney has legal malpractice insurance, if they’re willing to waive the arbitration clause, if they’re Board Certified in Personal Injury Law, and if...

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Hire a Board Certified Lawyer for Your Legal Malpractice Case

Hire a Board Certified Lawyer for Your Legal Malpractice Case 1

If you feel that you have been wronged by your previous attorney and wish to pursue legal malpractice claims, you need a Board Certified lawyer in your corner. You should never try to take on an attorney by yourself. You need to hire an attorney experienced in handling legal malpractice cases, and you should make sure that he/she is Board Certified. Hiring a lawyer who is Board Certified in Personal Injury Law, which encompasses legal malpractice, strengthens your case immensely – after all, only approximately 5% of practicing attorneys in the state of Texas are Board Certified by the state. But...

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Reasons to File a Lawsuit Against an Attorney

Reasons to File a Lawsuit Against an Attorney

In our almost 30 years of handling legal malpractice cases, we have seen just about everything you can imagine for reasons to file a complaint against an attorney. All practicing lawyers have a fiduciary duty to their clients. The “fiduciary duty” is the highest duty imposed by law. This means that the lawyer MUST always put the client’s interest ahead of their own. Legal malpractice typically involves cases where an attorney has made a mistake or committed an error in judgment, known as “negligence.”  However, and unfortunately, there are also cases where lawyers don’t just make mistakes, but instead, they...

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What is the Legal Malpractice Statute of Limitations?

What is the Legal Malpractice Statute of Limitations?

What is the legal malpractice statute of limitations? Due to the fiduciary nature of the attorney-client relationship, it’s a serious matter when a client is wronged by their attorney. If legal malpractice has indeed taken place, the client has every right to sue their lawyer –– but how long do you have to file a malpractice suit? Why is it important to file a legal malpractice claim before the legal malpractice statute of limitations? Ross Sears, the top legal malpractice attorney from Sears Crawford, is here to answer that question. If you have considered or are currently considering suing a lawyer...

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What Can I Do if My Attorney is Not Doing Their Job?

What Can I Do if My Attorney is Not Doing Their Job?

It’s a question prospective clients ask us all the time: “What can I do if my attorney is not doing their job?” If you’re entrusting your wellbeing to an attorney, it’s only natural to wonder if they are doing their job correctly. After all, hiring an attorney can be stressful, so we understand that you want to get the service that you’re paying for. Taking legal action against your attorney can be a confusing process. Serious and trusted legal malpractice attorneys at Sears Crawford can aid you in navigating this complex issue. At Sears Crawford, we sue lawyers because we take...

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