Legal Malpractice

Sears Crawford LLP > Legal Malpractice (Page 6)

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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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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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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How to Find a Top Legal Malpractice Lawyer

How to Find a Top Legal Malpractice Lawyer

If you have been mistreated by your former attorney and are seeking justice, you need a top legal malpractice lawyer on your side. Suing your former attorney for malpractice can be an overwhelming and stressful situation, but you never have to go through this time alone. With experienced representation from a top legal malpractice attorney, you can hold your former lawyer accountable.  At Sears Crawford, we sue lawyers because we hold attorney’s accountable to their clients. Ross Sears has successfully helped hundreds of clients who were victims of legal malpractice find justice.  Here are some key factors to consider when you are...

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Barratry in Texas is Illegal – Taking Action

Barratry in Texas

If you’re unsure whether or not you have been a victim of barratry in Texas, this article will inform you of the legal ramifications of solicitation and ambulance chasing (barratry), and how to take action if you have been the victim of barratry.  Barratry occurs when a lawyer, or someone acting with or on behalf of a lawyer, solicits or contacts potential clients who need a lawyer’s services in an unauthorized manner without the client reaching out first. These attorneys can try to persuade the potential client to file a lawsuit without knowing the full extent of the client’s situation. At Sears...

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