How To Sue a Lawyer for Malpractice

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. Ross Sears of Sears Crawford is here to share his experience holding lawyers accountable for their actions so that you can know what to expect when suing your lawyer.
Keep reading for a roadmap to suing your lawyer, or call Ross at Sears Crawford today at (713) 223-3333 for a free consultation. Although the prospect of hiring another lawyer might sound like the last thing you want to do, Ross has been suing lawyers in Texas for over 30 years and getting his clients the justice they deserve. If you need a lawyer you can trust, you need to call Ross today.
What is it called when a lawyer doesn’t do their job?
When an attorney fails to perform their duties in a way that meets the standard of care expected of all attorneys, it might mean you have cause to sue them. However, it is generally only considered legal malpractice if a lawyer doesn’t do their job and it directly harms your case.
More specifically, legal malpractice occurs when an attorney acts or fails to act in the way that a reasonable and prudent attorney would in the same or similar circumstances and that action or omission results in damages to their client.
These damages often come in the form of missed opportunities, financial losses, or the inability to seek legal recourse for your initial issue.
How to sue an attorney in Texas
If you want to make sure your claim is properly handled, you need to follow a process. Once you’ve selected the attorney that you’d like to hear your claim, the process usually goes something like this:
Step 1: Consult a legal malpractice attorney |
The first and most critical step is hiring a lawyer who specializes in legal malpractice cases in Texas. These attorneys know the ins and outs of malpractice law and can help you determine if you have a viable claim. During the consultation, be prepared to provide all of the important details about your case, including relevant documents and a timeline of events. |
Step 2: Gather evidence |
Successful malpractice cases hinge on strong evidence. Collect all documentation related to your case, such as:
This evidence will support your claims and demonstrate how the attorney’s actions or inactions caused harm. |
Step 3: File an official complaint |
With the help of your legal malpractice attorney, you will draft and file a formal complaint in civil court. This document should outline the allegations, the legal basis for your claim, and the damages you seek. Your legal malpractice attorney should be sure to file within the statute of limitations, which is generally two years from the date of discovery of malpractice in Texas. |
Step 4: Go through the discovery process |
Once your lawsuit is filed, both parties will engage in the discovery process. This involves exchanging evidence, conducting depositions, and gathering expert testimony to strengthen your case. Your attorney will work to demonstrate how the original lawyer’s actions fell below the standard of care and directly caused your damages. |
Step 5: Settle or go to trial |
Depending on the circumstances, your case may be resolved through a trial or a negotiated settlement. A trial involves presenting your case before a judge or jury, while a settlement may allow you to recover damages without going to court. Although the process of settlement and trial can be long and difficult, your Houston legal malpractice attorney will guide you through this process and advocate for your best interests throughout. |
Suing an attorney for malpractice in Texas requires patience, determination, and a skilled legal malpractice lawyer by your side. While the process can be complex, it’s often the only way to take a step toward accountability and justice when your attorney’s negligence or misconduct has caused you harm.
How difficult is it to sue a lawyer?
Suing an attorney for malpractice can be challenging and is a very niche area of the law. In fact, less than 1% of the attorneys in Texas handle legal malpractice cases full time. In order to prove your lawyer’s negligence, you have to prove not just that your attorney’s actions fell below the applicable standard of care for attorneys, but also that it resulted in harm or loss for you. The four main elements of a legal malpractice case are:
- There was duty. You must establish that there was an official attorney-client relationship, which creates a duty of care. This is usually done with a written contract, though it can be done verbally or by implication.
- That duty was breached. You’ve got to show that the lawyer’s actions were negligent, unethical, or breached their fiduciary duties.
- The client suffered damages. Providing measurable evidence of damages usually comes in the form of financial losses, missed opportunities, or personal or business harms or losses.
- The damages were suffered because of the breach. This can be the tricky part: proving that the attorney’s malpractice or breach of duty caused the losses.
If you’re wondering whether or not you need an attorney to seek justice after your previous attorney left you in the lurch, the answer is, unfortunately, yes. While you can file a complaint with the Texas bar about your previous attorney, you should contact a Texas legal malpractice attorney if you plan on getting what you deserve.
How to find a lawyer to sue another lawyer
There are a lot of attorneys out there who will say that they can take your case, but there actually aren’t that many that specialize in legal malpractice. If you’re looking for a lawyer to sue your lawyer, you absolutely should hire an attorney that specializes in suing other lawyers, and follow these simple steps to make sure you get the best attorney for the job:
- Verify their specialization. Only an attorney who specializes in legal malpractice will be able to fully understand the incredible complexity of a legal malpractice claim and will likely increase your chances of success.
- Research them on reputable websites. Online directories like Super Lawyers and The National Trial Lawyers, as well as checking out reviews and client testimonials, can tell you a lot about a prospective lawyer.
- Verify their credentials. Ensure the attorney has a clean disciplinary record and is in good standing with the Texas State Bar Association.
- Schedule a consultation. During the consultation, you should ask about their experience with cases similar to yours and take note of the clarity and specific examples that they give you.
Reasons to sue an attorney
Although there are countless reasons to file a complaint against an attorney in Texas, not all of them amount to legal malpractice. Some examples of unethical attorney behavior that DO often constitute malpractice include the following:
- Negligence. Failing to perform necessary actions, such as missing filing deadlines or failing to prepare adequately for a case.
- Breaches of fiduciary duty. An attorney holds a fiduciary duty to put their client’s interest above their own, and they violate it by acting in their own interests rather than the client’s.
- Misrepresentation. Providing any kind of false or misleading information to the client.
- Fraud. Attorney fraud includes any form of deception for personal gain.
- Overbilling. Charging excessive or fraudulent fees. This often looks like double billing for tasks done once, or vastly overcharging for work done.
- Conflicts of interest. Representing opposing parties or having undisclosed interests that harm the client.
Remember that in order for your attorney’s actions to warrant a legal malpractice suit, they have to have harmed your case. If you think your previous attorney was negligent or unethical and you paid the price, contact a Houston legal malpractice attorney like Ross Sears as soon as possible.
How long do you have to sue an attorney for malpractice?
In Texas, the statute of limitations for legal malpractice is generally two years from the date of discovery of the alleged malpractice. For claims involving breaches of fiduciary duty, the statute of limitations may be four years from the date of discovery — but don’t wait. The faster you move, the more your attorney will have to work with, generally speaking.
Can I sue a lawyer for lying?
Yes, you can sue a lawyer for lying if their dishonesty caused harm to your case or financial loss. This may fall under claims for attorney misrepresentation, fraud, or breach of fiduciary duty. Common examples of this might include:
- Misleading you about the status of your case
- Providing false information about legal outcomes
- Concealing conflicts of interest
Proving such claims requires evidence of the attorney’s dishonesty and its direct impact on your case.
Whether you’re wondering how to sue a lawyer for misrepresentation or how to sue a lawyer for overbilling, your attorney will handle the details — the material difference for you is likely to be what evidence you need to collect.
If you’re looking to sue for overbilling, you’ll need billing statements, contracts, and communication with your attorney about services rendered; if you’re suing for misrepresentation, you’ll need proof of the false information your attorney gave you, which will likely come in the form of written communication.
Looking for a lawyer to sue your lawyer? Sears Crawford is ready to get to work.
If you’re wondering how to sue a lawyer for malpractice, you’re in the right place. Ross Sears of Sears Crawford has been fighting for justice by suing lawyers in Texas for over 30 years. If your attorney committed malpractice or breached their fiduciary duty to you through negligent or unethical behavior, you couldn’t be in better hands.
At Sears Crawford, WE SUE LAWYERS because of our commitment to our clients. Our track record speaks for itself, but we’re standing by to back it up. Give Ross Sears at Sears Crawford a call today at (713) 223-3333 or contact us online to take the first step towards getting justice.
More Helpful Articles by Sears Crawford:
- How to Find a Lawyer to Sue Another Lawyer
- Suing for Breach of Fiduciary Duty: What You Need to Know
- Five Reasons to Sue an Attorney
- What Constitutes a Conflict of Interest?
- How Do You Prove Legal Malpractice?