Five Things You Need to Know About Suing a Lawyer for Malpractice
Hiring a lawyer who commits legal malpractice can be a distressing experience, leaving you feeling betrayed and uncertain about your options moving forward, and likely wondering if justice will ever be served. Whether your lawyer failed to properly handle your case or legal interests, or you’re currently wondering, “When is it too late to fire your attorney?”, understanding your rights — particularly as they relate to the prospect of suing a lawyer for legal malpractice — is vital to getting the justice you deserve.
At Sears Crawford, we understand the complexities of legal malpractice cases and are committed to providing our clients with the support and representation they need to seek justice.
Ross Sears of Sears Crawford has over 33 years of experience successfully handling legal malpractice cases of all types. He is board-certified in personal injury law, a designated Super Lawyer for 10+ years, and was selected as one of the Top 100 Civil Attorneys in Texas by The National Trial Lawyers Top 100. If you or a loved one is interested in suing your lawyer for malpractice, call Ross Sears of Sears Crawford today at (713) 223-3333.
Here are five crucial insights to consider when contemplating how to sue a lawyer for misrepresentation or legal malpractice.
1. Know what legal malpractice looks like
What is an example of legal malpractice? Legal malpractice can manifest in various forms, each with its own set of consequences for the client. Some common reasons to sue an attorney can include:
- Negligence: This occurs when a lawyer fails to perform their duties with the standard of care expected of them, resulting in harm to the client’s case. It is the most common form of legal malpractice.
- Breach of contract: When a lawyer violates the terms of their agreement or contract with their client.
- Breach of fiduciary duty: Lawyers owe their clients a fiduciary duty to act in their best interests. Breaching this duty by prioritizing their own interests or acting against the client’s wishes always constitutes a more significant and separate type of legal malpractice.
- Fraud: Any and all forms of deception or obfuscation by an attorney for the ultimate goal of unlawful personal gain or harm to the client are considered examples of fraud. Misrepresentation, persuasion, and concealment of the facts are the most common types of attorney fraud, although there are countless ways in which a lawyer can commit fraud.
Understanding these examples can help clients recognize when their attorney’s actions may have crossed the line into malpractice.
Continue reading: How to prove attorney overbilling
2. Understand the statute of limitations for legal malpractice in Texas
What is the statute of limitations on legal malpractice in Texas? In Texas, the legal malpractice statute of limitations is generally two years from the date the client discovers or should have discovered the attorney’s malpractice. Certain circumstances may extend this deadline to four years, but it is never very long, underscoring the importance of seeking legal advice promptly.
Clients must act swiftly to protect their rights and preserve their ability to pursue a malpractice claim. Waiting too long to take action could result in the inability to bring a civil suit against your previous lawyer, and therefore your only door closing to justice. This is why it is crucial to consult with an experienced legal malpractice attorney the very moment that malpractice is suspected.
Continue reading: How long do you have to sue an attorney?
3. Review the requirements for suing a lawyer for malpractice
What are the requirements for legal malpractice in Texas? Successfully suing a lawyer for malpractice requires meeting several key requirements:
- Establishing duty and breach: You must demonstrate that the lawyer owed you a duty of care and breached that duty through negligent or wrongful actions.
- Proving causation and damages: It must be shown that the lawyer’s breach of duty directly caused harm or financial losses to your case.
- Compliance with statutory deadlines: Adhering to the applicable statute of limitations is essential for preserving your right to bring a malpractice claim.
- Documentation and evidence: Gathering relevant documents, such as the original case file, contract with the lawyer, and correspondence, can strengthen your case and support your allegations of malpractice.
Navigating these requirements can be near-impossible without the guidance of a knowledgeable legal professional. Hiring an experienced legal malpractice attorney is critical to building a strong case and maximizing the chances of a successful outcome.
4. Get legal representation
How can I sue my lawyer for negligence or another ethics violation? To sue your lawyer, you need another lawyer. We know that hiring a new lawyer is likely the last thing that you want to do, but this is why it is essential to entrust your case to a skilled and reputable legal malpractice attorney.
Legal malpractice attorneys are, simply put, lawyers who sue lawyers. As you consider how to find a lawyer to sue another lawyer, it’s crucial to find an expert legal malpractice attorney who can:
- Identify the type of malpractice involved and determine the most viable legal strategy.
- Navigate complex legal procedures and deadlines with precision and efficiency.
- Gather compelling evidence to substantiate the client’s claims and strengthen their case.
- Advocate for fair compensation through negotiation, mediation, or litigation, depending on the circumstances.
By choosing Sears Crawford as your legal malpractice firm, you can have confidence that your lawyers are committed to securing the best possible outcome for your malpractice claims and that you have hired an attorney whose sole obligation is to you (the client), and nobody else.
5. Prepare for the initial consultation
The initial consultation with a legal malpractice attorney is an invaluable opportunity for clients to discuss their concerns, explore their legal options, and assess the merits of their potential case. To make the most of this meeting, clients should consider bringing:
- Copies of relevant documents, including the original case file, contract with the lawyer, and any correspondence pertaining to the malpractice.
- A clear timeline of events detailing the attorney’s alleged misconduct and its impact on the client’s legal matter.
- Questions or concerns about the legal process, potential outcomes, and the attorney’s experience and qualifications.
During your initial consultation with Sears Crawford, you can expect compassionate guidance, an honest assessment of your case, and personalized advice tailored to your unique circumstances. You will leave with more certainty regarding your case and whether or not we believe we can get you justice.
Has a lawyer violated your trust? Get justice with Sears Crawford.
Can you sue a lawyer for not doing their job? If in the process of handling your case, your attorney(s) committed legal malpractice, you sure can. Suing a lawyer for malpractice, however, is no easy task. Although suing your previous lawyer is a complex endeavor that requires careful consideration and strategic planning, with the right lawyer who sues lawyers, you can empower yourself to take decisive action and seek redress for the harm that you have suffered.
At Sears Crawford, we stand ready to provide unwavering support and zealous advocacy to clients pursuing legal malpractice claims. With our extensive experience, proven track record of success, and unwavering commitment to our clients’ interests, you can find a qualified legal malpractice attorney in Houston that our clients can trust.
Ross Sears is that attorney. To schedule a free initial consultation, contact us online or call Ross at 713-223-3333 today.
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