How to Find a Lawyer to Sue Another Lawyer
An attorney failing to provide adequate representation can have incredibly far-reaching consequences for their clients. If your previous lawyer committed malpractice, and you’ve decided to sue them for it, congratulations! You’ve already done the most difficult part.
While hiring another lawyer to fix the mistakes of your previous one might be the last thing you want to do, it is a necessary step in helping yourself get justice and accountability. Once you’ve decided you want to sue your lawyer, figuring out how to find a lawyer to sue another lawyer is the easy part.
Ross Sears has been suing lawyers in Texas for over 30 years, and he’s here to talk about the essential qualities to look for in a lawyer that sues lawyers — as well as answer some questions about the process of suing your lawyer for malpractice.
Need help? Don’t hesitate to call Ross at Sears Crawford today at (713) 223-3333 for experienced, trusted representation.
What is it called when an attorney does not do their job?
When an attorney doesn’t do their job, it can sometimes constitute legal malpractice. It doesn’t always mean an attorney committed malpractice if they make a mistake, but if that mistake harms their client, it usually gives rise to a malpractice lawsuit.
A few common ways in which your attorney’s behavior may fall beneath the standard required by the law include:
- Your attorney breached their fiduciary duty by not acting in your best interests;
- Your attorney was negligent in handling some aspects of your case (missed deadlines, etc.);
- Your attorney misled you or acted for personal financial gain
Your attorney not doing their job can lead to serious financial losses, irresolvable issues in professional or personal lives, and unjust legal consequences for affected clients. If you or a loved one believe that your attorney didn’t do their job properly, and it harmed your case, the first thing to do is find out if their behavior qualifies as legal malpractice.
What are the requirements for legal malpractice in Texas?
What constitutes legal malpractice? In Texas, successfully establishing legal malpractice requires proving the following four elements.
- There was duty. Usually in the form of an attorney-client relationship established by a written or verbal contract, proving that the attorney owed you a duty of care is the first step in proving malpractice.
- That duty was breached. You must demonstrate that the lawyer acted negligently or failed to meet their obligations in some other way that fell below the standards required by law.
- This breach in duty caused harm to your case. Sometimes called proximate cause, you must show that your attorney’s actions negatively affected the outcome of your case.
- You suffered damages. Finally, you must show that you suffered measurable damages because of the lawyer’s negligence, which could include financial losses, lost opportunities, or legal penalties.
The most common reasons to sue an attorney
There are countless reasons to sue an attorney in Texas — but not all of them constitute malpractice. Some of the most common reasons to sue an attorney that do constitute malpractice include the following.
- Missed deadlines. If an attorney fails to file documents on time or misses court dates, it can result in the loss of your case.
- Conflicts of interest. Attorneys must avoid situations where their personal interests conflict with those of their clients. If personal or professional conflicts compromise your case, you may have grounds to sue.
- Breaches of fiduciary duty. Breaches of fiduciary duty occur when your lawyer fails to act with your best interests in mind.
- Negligence. Negligence is a kind of catch-all term for when an attorney’s actions fall below the professional standard of care. This can happen when attorneys give incorrect advice, fail to file documents, or otherwise mishandle your case.
- Misrepresentation or fraud. If a lawyer deliberately misleads you or falsifies information, they may be liable for claims of fraud or breach of fiduciary duty.
- Overbilling or misuse of client funds. Lawyers are required to charge reasonable fees and manage client funds responsibly. Misappropriation of funds or overcharging clients may mean you have grounds to sue for overbilling.
Continue reading about the different types of legal malpractice
What to look for in a legal malpractice attorney in Houston
Legal malpractice is a very niche field within the law — you can almost think of it as a field within a field — and as such, legal malpractice attorneys have incredibly specialized knowledge and experience.
There are a few things you should verify before hiring a legal malpractice attorney:
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Reputable within their field |
There are a few ways that you can tell if an attorney is at the top of their field. Their website should have honors and awards, as well as testimonials from fellow attorneys and clients, that should lend credibility to their practice. We recommend checking out Super Lawyers and The National Trial Lawyers, two reputable organizations that can tell you a lot about a prospective attorney. |
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Experience in legal malpractice cases |
Take a look around their website. Are they talking about suing lawyers and legal malpractice? It should be obvious that they eat, sleep, and breathe legal malpractice — if suing lawyers is only a small part of their practice, they may be less reliable in malpractice cases. |
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Record of success |
Look at reviews and client testimonials. You should see happy people whose lives are changed — you should also see people mentioning their previous lawyers. If you don’t see happy people winning their legal malpractice cases, you should turn around and keep on looking. |
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Strong communication skills |
You can tell a lot about an attorney from the moment you meet them. During the consultation, do they make you feel heard? Do they speak like they value you as a client and want to get you justice? |
Also, it is critical that you only hire attorneys that carry malpractice insurance. Before you hire any attorney, you should make damn sure that they carry malpractice insurance. If they do not, then leave their office and contact Ross Sears at Sears Crawford. We carry malpractice insurance and, thankfully, in 34 years, have never had to use it. We carry it for the benefit of our clients, to protect them if a mistake is ever made that can’t be fixed.
Ross Sears has been named a Texas Super Lawyer 13 years in a row and counting. He made his name going up against other lawyers for his clients and securing them justice, and he’s standing by to do the same thing for you.
How long do you have to sue an attorney for malpractice?
In Texas, the statute of limitations for legal malpractice cases is generally two years from the alleged malpractice. This means you must file your lawsuit within two years of when you discovered — or should have discovered — your attorney’s malpractice.
Figuring out when exactly the clock should start on the legal malpractice statute of limitations can be tricky. Often, the malpractice isn’t apparent until a case concludes, even if the action was committed by your lawyer many months before. This is why, if you believe that your previous lawyer has committed legal malpractice, you have to move quickly. There’s no time to waste.
Keep reading: When is it too late to fire your attorney?
How to sue an attorney in Texas
Wondering how to sue an attorney for malpractice in Texas? Here are the essential steps.
- Consult with a trusted legal malpractice attorney. The last thing you want to do is leave a current case in the lurch. Even if you think your current attorney is running your case into the ground, you should speak with a malpractice lawyer before you take any action.
- Gather evidence. Before you take the step of firing your attorney, make sure you have important evidence. Essential evidence can include contracts or agreements with your attorney, email and phone records, court documents, and proof of any damages that you’ve suffered.
- Fire your attorney. This is a big step. Read our article on how to fire a lawyer in Texas if you need help.
- File complaints and lawsuits with the Texas Bar. Your legal malpractice attorney will help you file the lawsuit, but you can draft complaints to the State Bar on your own as well.
- Take your case to court and get justice. Now, all that is left to do is to get justice, but legal malpractice trials are incredibly complex legal matters.
These cases often require extensive research and expert testimony to prove that your previous attorney’s behavior fell below standards of care and harmed you. Make sure you hire an attorney with extensive experience taking malpractice lawyers to court and winning for their clients.
Need lawyers that sue lawyers for malpractice? Sears Crawford is here for you.
If you believe that your previous attorney has wronged you, seek justice. You have a right to competent representation; exercise that right by finding a lawyer who sues lawyers and getting what you deserve.
Ross Sears of Sears Crawford has extensive experience suing lawyers in Texas for clients who have been wronged by their previous attorneys — and a very successful record of making things right for his clients.
Now that you know how to find a lawyer to sue another lawyer, all you have to do is pick up the phone. If you or a loved one has been hurt by your attorney’s malpractice, we understand that hiring a lawyer might be the last thing you want to do, but you can’t let that stand in the way of getting what you deserve.
Call Ross Sears at Sears Crawford at (713) 223-3333 or contact us online today to take the first step toward justice.
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