24 November

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What Makes a Successful Legal Malpractice Case?

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...

14 June

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What to Do if Your Attorney Steals Your Settlement

Posted by Sears Crawford

in Legal Malpractice

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

in Legal Malpractice

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

in Legal Malpractice, We Sue Lawyers

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

in Legal Malpractice, We Sue Lawyers

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

in Legal Malpractice

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...