Hiring a Legal Malpractice Attorney in Texas
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 to the legal profession.
At Sears Crawford, we sue lawyers who have wronged their clients, and we’ve been doing it for over 30 years. We’re here to help you determine if you should hire a malpractice attorney, and answer any questions you may have along the way.
What is legal malpractice in Texas?
In order to prove that your previous lawyer committed malpractice your legal malpractice attorney must prove the following:
- There was a duty owed to you by your lawyer. Referred to as the “duty of care,” this duty can be established orally or in writing and mandates that your lawyer act with your best interests in mind.
- The duty that your lawyer owed you was breached. The breach of fiduciary duty can come in the form of action or lack of action that your attorney performed or did not perform when a “reasonable and prudent” attorney in the same situation would have acted differently.
- The breach of duty resulted in harm. This usually means proving that the outcome of your case would have been more favorable if your attorney had performed their job to the standard of care established for attorneys in a similar situation.
This is what it takes to successfully bring a claim against a previous lawyer. We know that there are a million reasons to file a lawsuit against your attorney, but being unsatisfied with the outcome of your case alone will not allow you to sue your lawyer, you must have experienced some form of loss because your lawyer failed to fulfill their duty.
Can you sue a lawyer for negligence in Texas? If you believe that your previous attorney was negligent and harmed you or your case, call Ross Sears II to discuss your case immediately. Ross is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law, the area of specialization that pertains to Legal Malpractice, and has been practicing law for more than 30 years.
Legal malpractice examples
If your lawyer did one of the items listed below, there is a chance that they committed legal malpractice, which means that you may have a case. Some common types of legal malpractice include:
- Breach of fiduciary duty occurs when your lawyer does not act in your best interest and can include breaches of confidentiality, conflicts of interest, or misleading communications.
- Fraud occurs when your lawyer commits any act of deception for unlawful gain.
- Failure to know or apply the law occurs when a lawyer takes on a case outside of their expertise or field and ends up harming your case.
- Failure to obtain client consent can apply when your lawyer settles your case for an amount you did not consent to or for terms that you did not authorize.
- Failure to calendar is a type of negligence that involves a lawyer missing deadlines or hearings that eventually harm their client.
- Inadequate discovery refers to an attorney failing to investigate sufficiently to identify key case information during the discovery process.
- Unconscionable fees and overbilling can mean either excessive hourly billing or an excessive contingency fee in light of the work required on the case..
Questions to ask your Texas legal malpractice attorney
When hiring a legal malpractice attorney in Texas, here are some questions to ask to make sure that you’re in capable hands.
1. Do you carry malpractice insurance?
The importance of legal malpractice insurance for lawyers cannot be understated. Do not ever hire a lawyer that does not have malpractice insurance. Malpractice insurance for lawyers is meant to protect their clients in the event that the lawyer commits legal malpractice. On top of asking a lawyer if they have malpractice insurance, you should also ask how much, so that you can be sure that the insurance coverage is sufficient to cover the total damages you are seeking in your case.
2. What damages can I receive in a legal malpractice case?
In general, the damages sought in a legal malpractice case are the monetary difference between the outcome of your previously handled case, and what the outcome of your case should have been, had your prior attorney handled the case properly. There may also be claims for attorney’s fees, mental anguish, and other compensatory damages, depending on the specifics of the losses suffered, and the facts of your underlying case.
3. What is the statute of limitations for legal malpractice in Texas?
Generally speaking, the legal malpractice statute of limitations in Texas is two years from the date of discovery of malpractice. In some circumstances, like breaches of fiduciary duty, the statute of limitations can be four years as opposed to two, but the only way to really know is to consult an expert malpractice attorney.
You can make sure you’re in good hands by hiring Sears Crawford for your legal malpractice case. We sue lawyers who have wronged their clients in malpractice cases of all kinds and have been doing so for over 30 years.
How can hiring a legal malpractice attorney in Texas help?
Hiring a legal malpractice attorney in Texas is a necessary step to getting what you deserve after dealing with a bad lawyer. When you’re going up against another lawyer, there is no substitute for the knowledge and experience of a trial-tested legal malpractice attorney.
If you need a legal malpractice attorney in Houston, you need to call Sears Crawford. We’ve been suing lawyers for a long time to seek justice for our clients and maintain the integrity of our profession. Call Sears Crawford today at (713) 223-3333 or contact us online for a free consultation.
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