When to Sue My Attorney for Malpractice
You trust that when you hire a lawyer to take your case, you’ll be getting competent and ethical representation — but this isn’t always what happens. Sometimes attorneys, whether by unethical misconduct or simple negligence, take actions that harm their clients’ cases, leaving many wondering when to sue their attorneys for malpractice.
We’ll tell you now: if your lawyer’s performance has significantly harmed your case or caused you financial loss, it might be time to seek justice by suing them for legal malpractice.
Ross Sears has been suing lawyers in Texas for over 30 years, and he’s here today to tell you everything you need to know about when to sue your attorney, including what constitutes malpractice for a lawyer, when you might want to think about suing them, and how to actually sue your lawyer in Texas.
Continue reading to learn more about when to sue your lawyer, or call Ross Sears today at (713) 223-3333 and ask him to get you justice.
What is it called when a lawyer doesn’t do their job?
When a lawyer doesn’t do their job to the standards expected by their profession, it can be called legal malpractice.
Your attorney returning your calls late or being difficult to get a hold of may not constitute malpractice, but in law small things matter and the details add up, and your attorney missing your calls could mean they’re also missing important deadlines at the courthouse.
Why is this important? Because the difference between poor performance and actions that constitute legal malpractice is the difference between you having a case against them and you being out of luck.
Continue reading: Can you sue a lawyer for not doing their job?
What constitutes legal malpractice in Texas?
What is considered malpractice for an attorney, exactly? Specifically, legal malpractice occurs when your attorney’s actions fall below the standard of care in a way that harms their clients. A few things need to happen for your attorney’s actions to be considered malpractice:
- There needs to be an attorney client relationship in place. This is usually easy to prove, and just means that they were in fact your lawyer.
- Your attorney needs to act (or not act) in a way that a reasonable and prudent attorney would not (or would) under the same or similar circumstances.
- This deviation from the behavior of a reasonable and capable attorney needs to harm your case.
- That harm needs to result in you suffering damages.
These are the things that need to be proved in a successful legal malpractice case. Essentially, legal malpractice occurs whenever your attorney’s actions deviate from the standard of care, in a way that causes you harm.
Examples of malpractice, or reasons to sue an attorney
While there are countless reasons you might want to sue your attorney, some of the most common types of legal malpractice we see at Sears Crawford include:
- Missed deadlines. Also called failure to calendar, if your lawyer misses critical filing deadlines, it can cause your case to be dismissed or lost.
- Inadequate discovery. Also called failure to prepare for trial, if your attorney doesn’t prepare adequately for trial or fails to gather crucial evidence, this can severely harm your case.
- Conflicts of interest. Representing another client whose interests conflict with yours can prevent your lawyer from representing you effectively and can be grounds for a lawsuit.
- Overbilling or misappropriation of client funds. If your lawyer misuses funds you provided for expenses or fails to pay settlements or awards you are owed, you may be able to sue for overbilling or attorney fraud.
You’ll only know for sure whether your attorney committed malpractice with the help of an experienced and aggressive legal malpractice attorney in Houston in your corner. Without a good malpractice attorney to help you seek justice, your previous attorney’s behavior will likely go undisciplined, and the harm done to your case will never be redressed.
How to sue an attorney in Texas
If you believe that your attorney committed malpractice in Texas, the following steps outline what your next moves should be.
1. Gather evidence
Before you make any moves, you should collect as much evidence related to your case as you possibly can. This includes contracts, emails, correspondence, billing statements, court documents, and any other records that might show your attorney’s negligence or misconduct.
2. Contact a legal malpractice attorney
You will need to hire a new attorney who specializes in legal malpractice cases to represent you. We know that hiring a lawyer again might be the last thing you want to do, but this lawyer can determine whether you have a valid claim, and ultimately help you find justice.
3 File an official complaint
Your malpractice attorney will draft a complaint, which is the legal document that begins the lawsuit. The complaint will outline the facts of your case, the attorney’s negligence, and the damages you are seeking.
4. Go through discovery
This is an opportunity for your attorney to find even more key evidence or information that will strengthen your case. Your attorney can do things that you could not do as well, to build your case, including deposing witnesses and requesting more critical documents.
5. Settle the case or proceed to trial
Legal malpractice cases are often settled out of court, but if a settlement is not reached, your case will go to trial. If your case goes to trial, you want to make sure you have an attorney who has plenty of experience going toe-to-toe with negligent attorneys in a court of law — like Ross Sears at Sears Crawford.
Continue reading about firing your lawyer:
How to find attorneys that sue other attorneys
Looking for lawyers that sue lawyers? WE SUE LAWYERS. You’re in the right place. Ross Sears has been suing lawyers in Texas for over 30 years! Whether or not you decide to hire Ross, here are a few tips you can use to help you find an attorney you can trust:
- Use online review resources like AVVO, Google Reviews, or Findlaw. While these resources will not tell you everything you need to know about an attorney, you can often weed out attorneys who don’t treat their clients well by referencing their reviews.
- Look for attorneys who are Board Certified. Getting Board Certifications is a lot of work, and requires significant expertise in the area of certification. Ross Sears is Board Certified in Personal Injury Law, the area of the law that encompasses legal malpractice.
- Look for Super Lawyers. Being elected as a “Super Lawyer” means being elected by a committee of your peers who respect your work and integrity. This is generally a good sign that you’re hiring someone competent and honorable.
Don’t waste valuable time when you can call Ross Sears now to discuss your case. For a quicker response simply fill out the online case information sheet and you will promptly receive a call back.
Wondering when to sue your lawyer? You need a Sears Crawford legal malpractice attorney in Texas.
Knowing when to sue your lawyer is only half the battle. The other half is making sure you hire an attorney who can build you a strong case and get you justice. Lawyers aren’t perfect, and losing a case doesn’t automatically mean malpractice occurred, but attorneys have a duty to provide competent and ethical representation, and if your lawyer failed to meet that duty and it caused you harm, you can and should pursue legal action.
The first step is finding a quality attorney, experienced in handling legal Malpractice cases, who can help you make things right. Ross Sears has been helping his clients right the wrongs of their previous attorneys in Texas for decades, and he’s ready to help you do the same.
Call Ross Sears at Sears Crawford today at (713) 223-3333 or contact us online to get started.
More Helpful Articles by Sears Crawford:
- How to Get Your Money Back from a Lawyer
- Can I Sue My Lawyer for Taking Too Long?
- What Do I Do If My Lawyer Lost My Case?
- Breach of Fiduciary Duty Examples
- Five Things You Need to Know About Suing a Lawyer for Malpractice