Trusted Legal Malpractice Attorney in Houston

Ross Sears II comes from a family of attorneys and was raised with a deep respect for legal ethics and professional responsibility. After witnessing firsthand how attorney misconduct can devastate clients’ lives and livelihoods, Ross dedicated his practice to excelling in the area of legal malpractice law.
Credentials and recognition:

• 33+ years practicing as a legal malpractice attorney in Houston and throughout Texas
• Texas Super Lawyer (over 14 consecutive years)
• Member of the Million Dollar Advocates Forum
• Member of the Multi-Million Dollar Advocates Forum
• Board Certified in Personal Injury Law, the area that encompasses legal malpractice
• Invited member of ABOTA

Ross’s philosophy is simple: “I didn’t become a legal malpractice attorney to make friends among my colleagues. I became a legal malpractice attorney to help people who have been harmed by attorneys.”

Not all lawyers are bad. Unfortunately, there are lawyers that do criminal, shady, crooked things in order to line their own pockets. Whether your lawyer made a simple mistake or acted intentionally is irrelevant; the only thing that matters is that you get justice for the damage done.

At Sears Crawford, we have no problem suing lawyers on behalf of our clients in order to get them the justice they deserve, and to right the wrong that was committed against them.

As experienced malpractice attorneys in Texas, we handle the full spectrum of attorney misconduct. Here are some specific examples of legal malpractice in Texas our firm handles:

Negligence

The most common form of malpractice occurs when an attorney fails to exercise the skill and care that a reasonable attorney would provide. Examples of attorney negligence include:

• Missing statutes of limitations or critical filing deadlines
• Failure to conduct proper discovery or investigation
• Inadequate legal research leading to costly errors
• Mishandling settlement negotiations or advising a client to accept an unreasonably low offer

Breach of Fiduciary Duty

Attorneys owe clients the highest duty recognized by law. Breach of fiduciary duty occurs when lawyers put their own interests ahead of their clients’ interests, such as:

• Conflicts of interest
• Self-dealing in client transactions
• Misappropriation of client funds
• Failure to communicate material information
• Representing a client while secretly negotiating a deal that benefits the attorney
• Favoring one client over another
• Misrepresenting facts to the client 
• Fraud

Fraud and Overbilling

When attorneys engage in deceptive practices for personal gain, they may face both civil and criminal liability. If you’re wondering how to prove attorney overbilling, we can help. Common fraud issues include:

• Billing for work not performed
• Inflating hours or expenses
• Unconscionable fees
• Concealing case information to influence settlements
• Forging client signatures

Breach of Contract

Breach of contract occurs when attorneys fail to fulfill their contractual obligations to clients, including:

• Billing at a rate not reflected in the contract
• Failing to perform contractually agreed-upon services
• Not meeting contractual deadlines
• Abandoning a case before its resolution without proper withdrawal

Conflict of Interest

It is considered a conflict of interest when an attorney represents parties with opposing interests without proper disclosure and consent, or enters into business relationships with clients that compromise the attorney’s judgment. This can also include an attorney representing a new client against a former client on a related matter.

Failure to Know and Apply the Law

This type of malpractice happens when an attorney simply doesn’t know or properly research the law that applies to your case. Failure to know and apply the law includes examples such as:

• Misapplying the wrong statute or legal standard to your case
• Failing to recognize a viable legal claim or defense that existed
• Relying on outdated or overturned case law
• Misunderstanding procedural rules and filing requirements

Improper Solicitation and Barratry

This occurs when an attorney, or someone acting on their behalf, improperly solicits clients in violation of Texas law. Barratry is a criminal offense in Texas and can also support a civil claim. In practice, this can look like:

• Soliciting accident victims in person or by phone shortly after an accident
• Paying a non-lawyer “runner” to sign up and/or refer clients in exchange for a fee
• Contacting victims through hospitals, funeral homes, or other inappropriate channels
• Using disguised or misleading advertising to solicit clients illegally

Legal Misrepresentation

This happens when an attorney makes false or misleading statements about your case, whether intentionally or through negligence. Examples of legal misrepresentation include:

• Misrepresenting the strength or value of your case to influence a decision
• Providing inaccurate advice about deadlines, procedures, or your legal options
• Misstating settlement terms or the status of negotiations
• Failing to disclose material information that affects your case

To learn more about the types of legal malpractice cases, read our guide >

To successfully win an attorney malpractice suit in Texas, we must establish three essential elements:

1. An attorney-client relationship existed: We prove that you had a valid attorney-client relationship, whether through a written contract or the attorney’s course of conduct on your behalf.
2. The attorney breached their duty: We demonstrate that the attorney’s conduct fell below the standard of care expected of a reasonable and prudent attorney in similar circumstances. This often requires expert testimony from other attorneys.
3. The breach caused harm: We prove that you suffered damages resulting from the attorney’s misconduct — typically by showing your case outcome would have been better with competent representation.

Proving that third element is often called winning a “case within a case.” That means we don’t just show that your former attorney made a mistake; we have to prove what your original case was actually worth (or the probable more favorable outcome) and demonstrate that you would have recovered that value if the attorney had handled it properly. It’s the step most malpractice claims are won or lost on, and it’s where our trial experience matters most.

Example: If your attorney missed the statute of limitations in a valid personal injury case worth $500,000, you lost that entire potential recovery due to their negligence. We would pursue a malpractice claim for those damages.

Should I be wondering how to file a complaint against an attorney or how to sue my lawyer? While there are many reasons to file a complaint against an attorney in Texas, they don’t always amount to legal malpractice. It’s important to understand the distinction because many victims of legal malpractice mistakenly believe that filing a State Bar grievance will result in financial compensation — but it often won’t. Here’s the difference:

Texas bar complaint (grievance)

A Texas bar complaint is filed with the State Bar of Texas to report ethical violations. This is a disciplinary process that can result in sanctions, suspension, or disbarment — but it does NOT always recover money for you.

Legal malpractice lawsuit

A malpractice lawsuit is a civil claim that seeks monetary damages for harm caused by attorney misconduct. This is how you should normally recover financial losses.

To learn more about whether or not you have a case, read our article on legal malpractice complaint vs. bar complaint: do you have a case?

— Earl Lowery, Google Review

How much does it cost to sue a lawyer in Houston?

Sears Crawford works on a contingency fee basis for legal malpractice cases. You pay nothing upfront, and we only collect a fee if we win your case.

What is the statute of limitations for legal malpractice in Texas?

In Texas, you generally have two years from the date you discovered (or should have discovered) the malpractice to file a lawsuit. The clock typically doesn’t start until you knew or reasonably should have known about the attorney’s misconduct and resulting harm.

Contact us immediately if you suspect malpractice — waiting too long can forfeit your rights.

How do I know if I have a valid legal malpractice case?

Not every legal mistake rises to the level of malpractice. You have a potential case if:

1. You had an attorney-client relationship
2. The attorney’s performance fell below professional standards
3. You suffered quantifiable financial damages as a direct result

We offer free consultations to evaluate your situation.

Can I sue my lawyer if I lost my case?

Losing a case doesn’t automatically mean your attorney committed malpractice. However, if you lost because your attorney was negligent — missing deadlines, failing to present key evidence, or making significant legal errors — you may have a valid claim. We analyze what a competent attorney would have done differently and whether it would have changed the outcome.

Do I need to file a grievance before filing a lawsuit?

No. You can file a legal malpractice lawsuit without first filing a grievance with the Texas State Bar. The grievance process is separate and serves a different purpose (professional discipline rather than financial compensation). We can advise you on whether filing both makes sense for your situation.

What types of damages can I recover?

In legal malpractice cases, you can recover economic damages — the financial losses you suffered due to the attorney’s misconduct. This includes the value of the case you lost, additional legal fees you had to pay, and other out-of-pocket costs. In some cases involving fraud or intentional misconduct, you may also recover punitive damages, and in some limited circumstances the law will allow the recovery of mental anguish damages.

How much is my legal malpractice case worth?

Your case’s value is generally tied to what your original case was worth before your attorney’s mistake, plus any additional costs the error caused you. We evaluate the strength and value of your underlying case first, then calculate what you actually lost as a result of the malpractice. A free consultation is the fastest way to get a realistic sense of your case’s value.

How long does a legal malpractice case take to resolve in Texas?

Timelines vary based on the complexity of the underlying case and whether the matter settles or goes to trial. Straightforward cases may resolve in several months, while complex claims involving expert testimony and litigation can take a year or two and sometimes much longer. This often depends on the Judge and court that your case lands in, and how busy they are and how they run their case docket. We’ll give you a realistic timeline estimate once we’ve reviewed the specifics of your case.

If your attorney has failed you, don’t wait. The statute of limitations is running, and the sooner you act, the better we can preserve evidence and build your case.

Ross Sears II of Sears Crawford has spent over 33 years as a dedicated legal malpractice attorney in Houston, throughout Harris County, and all over Texas, holding attorneys accountable and recovering justice for clients. We know how to investigate attorney misconduct, prove damages, and win against even the most well-funded opposition.

Call (713) 223-3333 today or contact us online to schedule your free consultation. Let us review your case and explain your legal options.

When your lawyer has let you down, Sears Crawford will fight to make it right.