How to Sue for Breach of Contract

Sears Crawford LLP > How to Sue for Breach of Contract


If your attorney does not honor the specific terms of your attorney-client contract, you may be entitled to financial compensation. Sears Crawford can help.

What is breach of contract?

If you believe that your former attorney has broken your agreement and you are investigating how to sue for breach of contract, before we know if you have a case, we first must answer the question, what is breach of contract?

When you enter into an attorney-client relationship, you and your attorney will solidify the agreements and nature of the relationship in the form of a verbal or written contract. This contract can lay out your expectations for representation along with the attorney’s fees, associated costs, and payment schedule. Breach of contract occurs when a party fails to perform their specific terms or duties laid out in the contract — in this case, the “party” would be your former attorney.

At Sears Crawford, we sue lawyers that have failed to meet their contractual obligations to their clients. If you believe that your former attorney has violated your agreement, you may have grounds for a breach of contract claim. Contact Ross Sears from Sears Crawford at (713) 223-3333 to discuss your legal options.


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What qualifies as a breached contract?

Before we discuss how to sue for breach of contract, you first need to understand when you may have grounds for a breach of contract lawsuit. With most types of legal malpractice, there are cases when accidents do occur on behalf of the attorney. Regardless of whether your attorney purposefully or accidentally violated the terms of your contract, if a breach of contract did occur, you may be entitled to compensation.

In order to make a successful breach of contract claim, you must demonstrate:

1. That a contract exists: You must prove that you and your former attorney had an attorney-client relationship with a valid written or oral contract.

2. You (the client) fulfilled all of your contractual obligations.

3. Your attorney (the other party) failed to perform or meet their contractual obligations.

4. Damages occurred to you as a result of your former attorney’s breach of contract.

If you are unsure if you have the proper grounds to sue your former attorney for breach of contract, it is advised to get a second opinion from experienced breach of contract lawyers. Presenting your evidence to an attorney who specializes in legal contracts and legal malpractice can help you to better understand if you should proceed with your breach of contract lawsuit.


Continue reading: What is legal malpractice?

How to sue for breach of contract

If you believe that your specific case has grounds for a lawsuit, you can begin the process of filing a breach of contract claim against your former attorney. Wondering how to sue for breach of contract? Here are some steps to follow.


1. Gather evidence

The contract between you and your attorney is the most crucial piece of evidence in your case. If you do not have your own copy of the contract, ask your attorney for one. If your contract was a verbal agreement, collect as much information as you can about that agreement including the day the agreement was made and other specifications that can help you.

Next, locate which portion or portions of the contract were breached. For example, if your contract listed that a specific attorney would handle your case, but the law firm put a younger, less experienced attorney on the job, this would be a direct violation of their contractual obligation to you. Or in terms of expenses, if the attorney charges fees or deducts expenses not contractually agreed to, you may have grounds to sue them.

Having the necessary evidence ready will give a legal malpractice attorney the tools necessary to build your case.


2. Contact a legal malpractice attorney

We understand that the idea of hiring another attorney in this situation can seem frustrating – but believe us, if you are going to sue an attorney for malpractice, you do not want to go up against them alone. The minute you suspect that your former attorney has violated your contract, contact a legal malpractice lawyer that you can trust. DO NOT just hire any attorney that you see on Google or television…do your research and find a trustworthy lawyer that is Board-Certified in legal malpractice. You should only consider hiring a lawyer who specializes in legal malpractice and will be able to handle your case with the expertise needed.


3. Your lawyer will file your breach of contract claim

Once you have found the right legal malpractice lawyer to represent you, you will meet with them to go over the specifics of your case. Once they have decided that you indeed have grounds to file a claim, they will move forward with your breach of contract lawsuit or other applicable legal malpractice claims.

An important note to remember is that the statute of limitations in the state of Texas for breach of contract is four years after the breach occurs. The minute you notice your attorney has violated your contract, contact a legal malpractice lawyer immediately. However, be aware that many claims that look like Breach of Contract claims, may actually and legally be considered “legal malpractice” claims, which are “tort” based and therefore only have a 2 YEAR STATUTE OF LIMITATIONS. This is why it is critical to contact the attorneys at Sears Crawford immediately upon believing that you have any claim against your attorney, so you can be timely and properly represented.

When it comes to an attorney’s contractual obligations, Sears Crawford takes that relationship and responsibility very seriously.

Trust Sears Crawford to handle your breach of contract claim

An important factor in knowing how to sue for breach of contract is having the right attorney by your side. Going toe-to-toe against another attorney can be an intimidating process — but with an experienced legal malpractice attorney in your corner, you can have a stronger case to get the compensation that you deserve.


Ross Sears of Sears Crawford has approximately 30 years of experience successfully handling legal malpractice cases including breach of contract lawsuits. He is Board Certified in Personal Injury Law which includes legal malpractice, meaning that he has the experience and expertise necessary to take on your case. He sues lawyers because he takes an attorney’s obligation to their client seriously. At Sears Crawford, our clients ALWAYS come first.


If you believe that you or a loved one are a victim of legal malpractice, call Ross Sears of Sears Crawford at (713) 223-3333 or contact us online to schedule a free consultation.