8 Questions to Ask Your Legal Malpractice Attorney in Texas
Your lawyer was supposed to fight for you — and they failed. Now you’re left dealing with the fallout of their negligence while facing the uncomfortable reality that the only way to get justice is to go through the legal system again, this time with a lawyer who will actually do their job.
Finding a legal malpractice attorney in Texas isn’t easy, but asking the right questions before you hire one makes all the difference. Sears Crawford was built by lawyers that sue lawyers for malpractice in Texas, and after more than 30 years of doing exactly that, we know what separates a capable malpractice attorney from the rest.
Here’s what you should be asking:
- Are you board certified in personal injury law (which encompasses legal malpractice) in Texas?
- Do you focus primarily on legal malpractice?
- Have you handled cases similar to mine?
- How do you charge fees?
- What damages can I recover?
- What is the statute of limitations for legal malpractice in Texas?
- Do you carry malpractice insurance?
- Do you offer a free consultation?
Sears Crawford’s founding attorney, Ross Sears II, has been recognized as a Texas Super Lawyer for over 10 consecutive years and named “10 Best” in Texas by the American Institute of Legal Counsel.
If you’ve been harmed by a negligent attorney, don’t wait — call us today at (713) 223-3333 for a free consultation and let’s talk about what your case is worth.
“We would like to thank Ross Sears and his legal team for representing us. They helped us through a difficult and complicated malpractice suit centering on a missed deadline and the mishandling of our case following that mistake. Mr. Sears was sympathetic to our circumstances but was very open about Texas law and its unfairness to victims of poor legal representation. Without his help, we would have been left with no recovery of legal expenses. Mr. Sears is a very effective negotiator and a patient and knowledgeable advisor.”
— Connie Wester, Satisfied Client
What is legal malpractice in Texas?
Not every bad outcome is malpractice — but when your attorney’s negligence is what caused the bad outcome, that’s a different story entirely.
Malpractice by a lawyer occurs when an attorney fails to meet the professional standard of care owed to their client, and that failure causes real, measurable harm. To bring a successful claim, three things must be proven:
- Duty: Your attorney owed you a duty of care, established through the attorney-client relationship — whether formed orally or in writing.
- Breach: Your attorney violated that duty by doing something — or failing to do something — that a reasonable and competent attorney in the same situation would not have done.
- Damages: The breach caused you actual harm, meaning the outcome of your case would have been materially better had your attorney done their job properly.
There’s also something a little more technical going on: Texas legal malpractice cases require proving what’s called the “case within a case.” It’s not enough to show that your attorney was negligent — you must also show that you would have won, or received a better outcome, in your underlying case if they had performed competently. It’s a high bar, and it’s exactly why this area of law demands a specialist.
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Losing your case isn’t malpractice. Losing your case because of your lawyer is. |
Common examples of malpractice in law
Malpractice in law takes many forms, and it doesn’t always look the way you’d expect. Sometimes it’s a dramatic breach of trust — an attorney stealing settlement funds or outright lying to a client. More often, it’s a series of small failures that quietly compound until the damage is done.
If your attorney did any of the following, you may have grounds to pursue a claim:
- Breach of fiduciary duty: Your lawyer failed to act in your best interest, including breaches of confidentiality, conflicts of interest, or misleading communications
- Fraud: Your attorney committed an act of deception for personal or financial gain
- Failure to know or apply the law: Your lawyer took on a case outside their expertise and harmed your case as a result
- Failure to obtain client consent: Your attorney settled your case for an amount or on terms you never authorized
- Missed deadlines or hearings: Your lawyer’s failure to calendar critical dates caused direct harm to your case
- Missed statute of limitations: Your attorney allowed the deadline to file your underlying claim to expire, permanently eliminating your right to recover
- Inadequate discovery: Your lawyer failed to investigate sufficiently to uncover key evidence or information
- Unconscionable fees or overbilling: Your attorney charged excessive hourly rates or an unreasonable contingency fee given the work actually performed
If any of this sounds familiar, consulting a lawyer for negligence is the right next step. Legal malpractice in Texas is a complex area of law with specific standards and deadlines — and the sooner you act, the better your chances of recovery. The questions below will help you find the right attorney to take your case.
What questions should you ask a malpractice attorney?
If you’re wondering what questions you should ask a malpractice attorney before hiring them, start here. These questions will help you evaluate whether an attorney has the experience, integrity, and qualifications your case demands.
1. Are you board certified in Texas?
Board certification is one of the clearest indicators of genuine expertise in a legal specialty. In Texas, the Texas Board of Legal Specialization awards certification only to attorneys who meet rigorous standards of experience, pass a comprehensive examination, and earn strong peer evaluations. It’s one of the most reliable signals of what to look for in a Texas legal malpractice attorney — and very few attorneys actually hold it.
For legal malpractice cases, the relevant certification is in Personal Injury Trial Law. Ross Sears II holds this certification and has maintained it alongside more than 30 years of active trial practice. When you’re evaluating attorneys, don’t just ask if they’re board certified — ask in what area, and confirm it’s current.
2. Do you focus primarily on legal malpractice?
Malpractice by a lawyer is not a general practice area — it is one of the most technically demanding specialties in civil litigation. It requires a deep understanding of attorney ethics, professional standards of care, and the “case within a case” doctrine that Texas courts require plaintiffs to prove. An attorney who handles legal malpractice cases occasionally, alongside car accidents and contract disputes, simply won’t have the depth of knowledge your case demands.
When you ask this question, listen for specifics. A focused legal malpractice attorney will be able to speak fluently about the types of cases they handle, the opposing firms they’ve faced, and the particular challenges of proving negligence against another lawyer. If the answer is vague, keep looking.
3. Have you handled cases similar to mine?
Legal malpractice arises from an enormous range of underlying situations — failed personal injury claims, botched business litigation, missed deadlines in real estate transactions, and more. A top legal malpractice lawyer will have experience across multiple case types and won’t hesitate to tell you directly whether your situation falls within their experience. If it doesn’t, a good attorney will say so rather than take your money anyway.
Ask for specific examples of similar cases and what the outcomes were. You don’t need a guarantee of results, but you do need confidence that your attorney understands the underlying area of law well enough to reconstruct what should have happened — which is exactly what the “case within a case” requires them to do in court.
4. How do you charge fees?
Many legal malpractice attorneys work on a contingency fee basis, meaning they only get paid if they recover compensation for you. This matters enormously when you’ve already spent money on an attorney who failed you — the last thing you need is another large upfront financial commitment before you’ve seen any results. Ask upfront whether the firm works on contingency, what their percentage is, and whether you would be responsible for any case expenses if the claim doesn’t succeed.
Choosing the best legal malpractice attorney for your case means finding someone whose fee structure aligns with your situation and whose financial incentives are tied to your outcome. A contingency arrangement means your attorney is motivated to win — and to maximize what you recover.
5. What damages can I recover?
In a legal malpractice case, damages are typically calculated as the difference between what you actually received and what you would have received had your attorney handled your case properly and competently. That gap is the foundation of your claim, and a skilled attorney will work to document and quantify it thoroughly. Depending on the specifics of your case, you may also be entitled to recover punitive damages, attorney’s fees, mental anguish damages, and other compensatory losses.
Every case is different, and the damages available to you depend heavily on the facts of both your malpractice claim and your underlying case. A qualified legal malpractice attorney in Houston will give you an honest, realistic assessment of what recovery could look like — not an inflated promise designed to get you to sign a retainer.
6. What is the statute of limitations for legal malpractice in Texas?
This is one of the most important questions you can ask — and one of the most urgent reasons to act quickly. In Texas, the statute of limitations for legal malpractice is generally two years from the date you discovered, or reasonably should have discovered, the malpractice. In cases involving breach of fiduciary duty, that window may extend to four years. But the clock is always running, and missing the deadline means losing your right to recover entirely, regardless of how strong your case is.
The statute of limitations is also one of the most common reasons valid claims go unpursued — people simply wait too long. If you suspect your attorney harmed you, don’t assume you have time to spare. Contact an attorney as soon as possible to confirm where you stand and protect your right to file.
7. Do you carry malpractice insurance?
Never hire an attorney — for any matter — who cannot confirm they carry professional malpractice insurance. This coverage exists specifically to protect clients in the event that their attorney makes an error, and it ensures there is a viable source of recovery if something goes wrong. Without it, even a successful judgment against a negligent attorney may be uncollectible.
When you ask this question, go one step further and ask how much coverage they carry. The policy limit matters. If the damages in your case are substantial, you need to know that the insurance coverage is sufficient to actually make you whole. Any reputable attorney will answer this question without hesitation.
8. Do you offer free consultations?
A free consultation is more than a courtesy — it’s your opportunity to evaluate the attorney just as much as they are evaluating your case. In that first meeting, pay attention to how well they listen, whether they ask thoughtful questions, and how clearly they explain your options. A good attorney will tell you honestly whether you have a viable claim, even if the answer isn’t what you were hoping to hear.
At Sears Crawford, we offer free consultations to every prospective client. It’s how we’ve built relationships with clients across Texas for over 30 years, and it’s the foundation of how we work. If you’re looking for a legal malpractice attorney in Houston or anywhere in Texas, contact Ross Sears at Sears Crawford; that conversation costs you nothing — and it could change everything.
How to sue an attorney in Texas
Suing a lawyer is not like filing a typical civil lawsuit. The process involves a unique set of legal standards, strategies, and procedural requirements that make it fundamentally different from most other litigation.
If you’ve been searching for how to find a lawyer to sue another lawyer, understanding what the process looks like before you begin can help you move forward with confidence — and help you recognize whether the attorney you’re considering knows what they’re doing.
- Determine whether you have a viable claim. Before anything else, you need an honest assessment of whether your situation meets the legal requirements for malpractice — duty, breach, damages, and the “case within a case” standard. This is where a free consultation with an experienced attorney is invaluable.
- Gather your documentation. Collect everything related to your prior case and your relationship with the attorney — contracts, correspondence, court filings, billing records, and any evidence of the harm you suffered.
- Consult a legal malpractice specialist. Not just any attorney can handle these cases effectively. You need someone who understands attorney ethics, professional standards, and how to reconstruct what should have happened in your underlying case. You need someone who specializes in suing lawyers.
- File your claim before the deadline. With a two-year statute of limitations in most cases, timing is critical. Your attorney will prepare and file the formal complaint to initiate the lawsuit.
- Build the case within a case. Your attorney will work to prove that your previous lawyer was negligent and that you would have achieved a better outcome had they performed competently — this is the heart of every legal malpractice lawsuit in Texas.
- Negotiate or go to trial. Many legal malpractice cases settle before trial, but a strong malpractice attorney will be fully prepared to take your case to a jury if that’s what it takes to get you the outcome you deserve.
The process is demanding, but with the right attorney beside you, it is absolutely navigable. The section below will help you bring everything together — and make sure you walk into that first consultation knowing exactly what you’re looking for.
You hired an attorney to protect your rights. Instead, they cost you. Let’s talk about what you’re owed.
You’ve already been through enough. Dealing with the fallout of a negligent attorney is exhausting, frustrating, and frankly unfair — and the idea of starting over with someone new can feel like the last thing you have the energy for. But the right legal malpractice attorney in Texas won’t put you through that. They’ll listen, they’ll be straight with you about what your case is worth, and they’ll do the job your last attorney should have done from the beginning.
At Sears Crawford, that’s exactly what we’ve been doing for over 30 years. We sue lawyers who have wronged their clients, we take these cases seriously, and we don’t stop fighting until our clients get the outcome they deserved all along. If you believe your attorney’s negligence cost you — in money, in time, or in the case you should have won — we want to hear about it.
Call us today at (713) 223-3333 or contact us online to schedule your free consultation. It costs you nothing to find out where you stand — and it could change everything.
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