05 April

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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...

15 March

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Do Lawyers Have To Carry Malpractice Insurance?

Posted by Sears Crawford

in Legal Malpractice

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...

04 March

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What Is the Standard Contingency Fee for an Attorney?

Posted by Sears Crawford

in Legal Malpractice

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...

22 February

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Can I Fire My Attorney if I Signed a Contract?

Posted by Sears Crawford

in Legal Malpractice

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...

05 February

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How To Fight Excessive Attorney Fees

Posted by Sears Crawford

in Legal Malpractice

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...

22 January

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

Posted by Sears Crawford

in Legal Malpractice

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,...

05 January

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Can My Lawyer Settle My Case Without Me?

Posted by Sears Crawford

in Legal Malpractice

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,...

19 December

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What Are Unreasonable Attorney Fees?

Posted by Sears Crawford

in Legal Malpractice

Judge’s gavel atop piles of hundred dollar bills.

After a long expensive legal battle, you may look at your final bill and wonder if it was worth it –- you may even be wondering if your lawyer overcharged you for their services. How are clients supposed to know what is fair and what is an unreasonable attorney fee? And what protections are there for clients whose lawyers have overcharged? It happens more than you would think. There are attorneys out there who are willing to charge exorbitant fees that their clients cannot afford — why? Because they think they can get away with it. But you don’t have to...

07 December

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Can I Sue My Lawyer for Misrepresentation?

Posted by Sears Crawford

in Legal Malpractice

Man sitting next to his lawyer during his trial, looking displeased.

Can I sue my lawyer for misrepresentation? Your attorney is intended to be your advocate, helping you weather the storm within the justice system and shielding you from any unnecessary harm that may come your way. So when your attorney, the person entrusted with upholding the law and protecting your interests, harms your case, what can be done? Can you sue them for misrepresentation? If your attorney deceived you for personal gain, misrepresented the facts, or otherwise violated their duty to you as a client, you may be able to sue them. Suing a lawyer is complex and proving that your lawyer...

22 November

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Can I Sue My Lawyer for Negligence?

Posted by Sears Crawford

in Legal Malpractice

Stressed-out lawyer being sued for negligence.

If you’re wondering “Can I sue my lawyer for negligence?” then you’re likely looking for justice after your previous lawyer screwed up your case. But what counts as negligence? Do I have to hire another attorney to make things right? There are likely a lot of questions going through your head and hiring another attorney is the last thing you want to do, but Ross Sears and the lawyers who sue lawyers at Sears Crawford have built a reputation for bringing justice to their clients who have been wronged by their previous attorneys. Ross has been suing lawyers in Texas for over...