What constitutes legal malpractice?
What constitutes legal malpractice? Under Texas law, the legal malpractice definition has four essential elements that must be proven to establish a valid legal malpractice case:
1. Duty
Texas courts require proof of an attorney-client relationship, which establishes that the lawyer owed you a duty of care. In Texas, this relationship is typically established through a written engagement letter or contract, though courts may recognize implied attorney-client relationships in certain circumstances.
2. Breach of duty
According to Texas law, the attorney must have breached their professional duty by failing to handle your case with the skill, prudence, and diligence that a reasonable Texas attorney would use under the same or similar circumstances. Common examples in Texas courts include:
- Missing important deadlines, including the Texas statute of limitations
- Failing to properly file documents with Texas courts
- Making significant errors in documents or contracts
- Failing to follow Texas court orders or procedures
3. Causation
Under Texas law, you must prove the “suit-within-a-suit” doctrine. This means demonstrating that but for your attorney’s negligence, you would have obtained a more favorable result in your underlying Texas case.
Texas courts require evidence that 1) your original case would have been more successful, 2) you would have been able to collect on any judgment, and 3) the attorney’s negligence prevented this outcome.
4. Damages
Texas law requires proof of actual financial losses due to the attorney’s negligence. In Texas courts, recoverable damages may include:
- Lost compensation from the underlying case
- Additional legal fees paid to attorneys to fix the problem
- Lost business opportunities
- Other financial consequences directly tied to the malpractice
It’s important to note that under Texas law, not every attorney’s mistake constitutes legal malpractice. The Texas Supreme Court has consistently held that the error must be serious enough to fall below the professional standard of care and must cause actual harm. Simple disagreements about strategy, unavoidable unfavorable outcomes, or minor oversights typically do not qualify as legal malpractice in Texas courts.
At Sears Crawford, our Houston-based top legal malpractice lawyers have extensive experience evaluating potential legal malpractice claims under Texas law. We can help determine whether your situation meets these criteria and guide you through the Texas legal system to hold negligent lawyers accountable for their actions.
