How Long Do You Have To Sue an Attorney for Malpractice?

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 discovery of the malpractice, but there are important exceptions to this rule that can impact how long you have to sue an attorney in the State of Texas.

Ross Sears, co-founding attorney of Sears Crawford, has been suing lawyers in Texas for more than 30 years. He’s here today to walk you through everything you need to know about Texas attorney malpractice statutes of limitations, from the basic requirements to important exceptions that might apply to your case. Keep reading to find out more, or contact Ross today at (713) 223-3333 for a consultation.

What is considered legal malpractice in Texas?

Before we get into deadlines, let’s first go over the legal malpractice definition in Texas:

Legal malpractice occurs when an attorney fails to act with the skill, care, and diligence that a reasonable attorney would demonstrate under similar circumstances, and this action or inaction results in harm to their client.

It’s important to note that not every mistake an attorney makes or unfavorable case outcome constitutes malpractice. Some of the more common ways in which attorneys commit malpractice in Texas include:

• Professional negligence occurs when lawyers fail to meet the standard of care expected in their profession. This might include inadequate case preparation, failure to research applicable law, or poor strategic decisions that fall below professional standards. Generally this is a mistake or error made by the attorney that harms the client.
• Breaches of fiduciary duty are violations of the standards of trust between attorney and client. Attorneys owe their clients the highest duty of loyalty, requiring them to put client interests above their own and avoid conflicts of interest — when they don’t, it may be considered malpractice or a breach of Fiduciary Duty — eg: putting the attorney’s interests ahead of the client for financial or other personal gain, or misappropriate client funds.
• Fraud and misrepresentation involve deliberate deception by attorneys for personal gain. This can include lying about case status, concealing important information, or making false promises about potential outcomes.
• Overbilling and fee disputes encompass situations where attorneys charge unconscionable fees, engage in overbilling, or charging fees that are not included in or supported by the attorney-client fee contract.

It’s important to understand that certain attorney behaviors, while frustrating, don’t always constitute malpractice. Simply losing a case, being difficult to reach, or socializing with opposing counsel generally won’t support a malpractice claim unless accompanied by other negligent conduct.

Continue reading: How to file a complaint against a lawyer in Texas

What are the four criteria for malpractice?

Texas law requires plaintiffs to prove four essential elements to establish a successful attorney malpractice claim.

Establishing duty requires demonstrating that a formal attorney-client relationship existed, creating a legal obligation for the attorney to provide competent representation. This relationship is typically established through engagement letters, retainer agreements, or other written contracts, although Texas courts may recognize implied relationships based on conduct and reasonable client expectations.

Proving breach involves showing that the attorney’s actions or inactions fell below the standard of care that a reasonably prudent attorney would have provided under similar circumstances. This usually requires expert testimony from other attorneys who can explain what a competent lawyer should have done in your situation, and in all probability, what the outcome would have been had things been handled properly.

Demonstrating causation presents what is often the greatest challenge in malpractice cases. You must prove the “case within a case,” or that you would have achieved a better outcome in your underlying case if not for the attorney’s negligence. This means essentially retrying your original case, through expert testimony, to show what should have happened.

Quantifying damages requires evidence of financial losses, lost opportunities, or other measurable harm directly resulting from the attorney’s malpractice.

Continue reading: When is it too late to fire your attorney? and how to fire a lawyer in Texas

How long do you have to sue an attorney for malpractice in Texas?

As we mentioned, Texas generally imposes a two-year statute of limitations for attorney malpractice lawsuits, but the calculation of when exactly this deadline begins or starts to run, can be complex and fact-specific.

The two-year limitation period generally begins running from the date you discovered, or reasonably should have discovered, the attorney’s malpractice. This “discovery rule” recognizes that clients may not immediately realize their attorney has committed malpractice, particularly in complex cases in which the consequences of negligent representation might not become apparent until much later.

Exceptions to the two-year limit for a legal malpractice lawsuit

While Texas generally enforces the two-year statute of limitations strictly, several important exceptions can extend or modify this deadline. Some of these exceptions include:

1. Fraudulent concealment is one of the most significant exceptions to the standard limitations period. When an attorney actively conceals their malpractice or misleads the client about the consequences of their actions, the statute of limitations may be paused until the client discovers the fraud.
2. The Continuous Representation Doctrine may pause the limitations period while the attorney continues representing you on the same matter that gave rise to the malpractice claim. This doctrine recognizes the practical reality that clients rarely suspect or investigate their attorney’s conduct while still relying on their services for the same legal matter.
3. Mental incapacity can pause the statute of limitations for clients who lack the mental capacity to understand their rights or pursue legal action. This exception requires medical evidence of the incapacity and typically applies only for the duration of the disability.
4. Minor status pauses limitations periods for clients under age 18, allowing them to bring malpractice claims within two years after reaching majority (age 20 in Texas for malpractice cases).
5. Breach of fiduciary duty claims may have a four-year statute of limitations from the date of discovery, particularly when involving allegations of self-dealing, conflicts of interest, or misappropriation of client funds. The longer limitations period is meant to account for the difficulty in discovering breaches of trust.

The complexity of the timing and the many exceptions underscore the importance of consulting with experienced malpractice attorneys in Texas as soon as you suspect your attorney may have committed malpractice.

What are the odds of winning a malpractice suit?

Legal malpractice cases are some of the most complex civil cases tried in Texas. While the chances of winning a malpractice suit aren’t always in your control, they’re often much higher when you hire Ross Sears and have the following:

• Strong expert testimony: Most malpractice cases require expert witnesses to establish the standard of care and prove that the defendant attorney’s conduct fell below professional norms. The quality and credibility of these experts often determine case outcomes.
• Clear damages: Cases with easily quantifiable financial losses generally have better success rates than those involving speculative or uncertain damages. Clear documentation of your losses strengthens your position significantly.
• A less complex underlying case: Simple cases where the attorney’s negligence clearly caused harm (such as missing obvious deadlines) tend to have easier and quicker outcomes than complex matters where causation is difficult to establish.
• Quality legal representation: Given the specialized nature of malpractice law, having experienced attorneys like Ross Sears with Sears Crawford, significantly improves your chances of success.

You can’t change the circumstances of your previous case or your previous attorney, but you can wisely pick who represents you next. At Sears Crawford, we sue lawyers who have failed their clients because we believe in holding attorneys accountable for their actions and protecting the integrity of the legal profession.

What to look for in a legal malpractice attorney in Houston

Choosing the right attorney to handle your malpractice claim is essential to success. Legal malpractice is an incredibly specialized area of law — which means you need an attorney with specific expertise, experience, and resources that general practitioners lack.

Essential qualifications to seek in a malpractice attorney include:

1. Specialization in legal malpractice: First and foremost, look for attorneys who focus primarily on suing other lawyers rather than those who handle malpractice cases occasionally.
2. Board certification: Texas Board Certification in Personal Injury Law (which encompasses legal malpractice) can give you additional assurance of expertise. Fewer than 5% of Texas attorneys are board certified — and Ross Sears is one of them.
3. Track record of success: Review the attorney’s history of verdicts and settlements in malpractice cases. Look for specific examples of cases similar to yours and evidence of substantial recoveries for clients.
4. Professional recognition: Awards like those from Texas Super Lawyers, inclusion in Best Lawyers directories, and peer recognition indicate respect within the legal community and proven competence.
5. Resources for complex litigation: Malpractice cases require significant resources for expert witnesses, case investigation, and lengthy litigation. Ensure your attorney has the financial capacity to properly fund your case.
6. Malpractice insurance coverage: Verify that any attorney you consider carries malpractice insurance. This protection is essential for clients and provides recourse if any mistakes occur during representation.

The consultation process provides an important opportunity to evaluate potential attorneys and determine whether they understand your case and can effectively represent your interests. Ask them questions about these qualifications, and then ask yourself if they’re ready to help you find justice.

Need to sue your lawyer in Texas? Ross Sears can help.

When your attorney’s negligence or misconduct has caused you harm, you need experienced, aggressive representation to hold them accountable and recover the compensation you deserve — within the two-year attorney malpractice statute of limitations in Texas.

At Sears Crawford, we understand the betrayal and frustration you feel when your attorney fails you, and we understand that hiring another lawyer may be the last thing you want to do. We provide free consultations to evaluate your case and explain your options, we also carry malpractice insurance to protect your interests, and we work on a contingency fee basis so you don’t pay unless we recover compensation for you.

Looking for lawyers that sue lawyers? Work with the best, and contact Sears Crawford today at (713) 223-3333 for a consultation. Don’t let your attorney’s malpractice go unpunished — call now to protect your rights and seek the justice you deserve.

More Helpful Articles by Sears Crawford: 

• What To Do When Your Lawyer Stops Communicating With You
• Common Lawyer Conflict of Interest Examples
• 7 Early Signs of Malpractice by a Lawyer
• How Mediation Works in Legal Malpractice Cases in Texas
• What to Do if Your Lawyer Doesn’t Have Legal Malpractice Insurance