Legal Malpractice Attorneys in Texas: Finding the Right One

Getting to Know Legal Malpractice in Texas

Legal malpractice is a very unique area of the law, though understandably there are many areas of overlap between legal malpractice and either personal injury or medical malpractice. Lawyers are required to meet a standard of practice with regard to their services, and be on-guard to avoid neglecting the best interests of their clientele, at the pain of being sued if they should fail to meet that standard. Instead of having a our own definitions, as we would normally have, you can view the legal definition of legal malpractice within the Texas Penal Code. There is also a definition available in the Texas Civil Practice and Remedies Code. The standard is fairly similar to medical malpractice, and consists of the following:

• The plaintiff must prove by the preponderance of the evidence that the attorney’s negligence caused a loss (by having a "reasonable probability" of success in the intended path of action).
• The plaintiff must prove by the preponderance of the evidence that the attorney had a reasonable period of time to accomplish the intended goal but failed to.
• "Professional negligence" is defined as "the failure of a licensed professional . . . to provide the expected standard of care and skill." This "standard of care and skill" is the one that would be expected from "reasonably competent attorneys practicing under similar circumstances in the community." ("Professional negligence" and "legal malpractice" are often used interchangeably.)

Legal malpractice suits often center around a breach of fiduciary duty. Fiduciary duty , generally, is when you have a party in a position of trust over a second party. For example, a lawyer has a fiduciary duty to his clients. One common breach of fiduciary duty involves an attorney taking a settlement offer without client permission. Attorneys cannot make choices for their clients; this is up to the client, and the client alone. That said, what does remain true is that usually clients will believe their lawyers when they say that there is no chance at success on the case, and that the best route is a quick settlement. Another common breach comes from legal malpractice cases in an estate plan. Lawyers must plan estates under a standard of care and be clear with their clients about what will happen if the plan is left to act on its own. What frequently happens is that the attorney tries to convince the client that the estate plan is airtight and the clients don’t need to review it again later on. This is a good way to leave your clients vulnerable to common issues with wills and estates.

The Importance of Legal Malpractice Attorneys

Legal malpractice attorneys in Texas have a very specific role. Put simply, they help you determine if you have been the harmed party in your case. They also help you figure out which attorney was responsible for the harm you suffered. When hiring a legal malpractice attorney, be prepared to provide evidence of what you believed was your case, as well as evidence of your malpractice. Lawyers are not perfect, and mistakes are made, but this is no reason to take no legal recourse. It is actually imperative to find another lawyer to help you win your case that was harmed by the first malpractice.
Legal malpractice attorneys in Texas can also provide invaluable information regarding suit timing. When it comes to legal malpractice, taking too long to file your suit could be interpreted as asking for your fee to be higher, so you must be careful. A legal malpractice attorney will let you know how advisable it is to wait, should you suspect that you may want to sue. If you have already filed suit, a legal malpractice attorney can advise you on your next step.
Legal malpractice attorneys in Texas are in the business of investigating situations. Finding out what really happened to make your case a losing one is very important, as many times there are conditions outside of your lawyer’s control that result in the negative outcome.

Selecting a Legal Malpractice Attorney

Finding the best legal malpractice attorney in Texas can be a challenge. With so many options available, how do you know which one is right for you? In this article, we will discuss some key factors to consider when choosing a legal malpractice attorney in Texas. First, you should look for an attorney with experience handling legal malpractice cases. Legal malpractice is a complex area of law, and only an attorney with extensive experience in this field will be able to provide you with the representation that you need. When beginning your search, look for attorneys who have been practicing law for at least ten years. While it is possible to find an attorney who is relatively new to the profession who may be able to handle your legal malpractice case, it is generally not a wise decision. Second, look for an attorney with credentials that prove they are qualified to handle your case. Read client reviews and ask your potential attorney about their Bar Association membership, any awards they have received and whether they have given any speeches or published articles. Finally, meet with your potential legal malpractice attorney. Ask your attorney questions and be certain that you feel comfortable with the attorney and their ability to represent you in your legal malpractice case. When you are facing a legal malpractice case, there is no reason to go it alone.

Pursuing a Legal Malpractice Claim: What to Do

Filing a legal malpractice claim in Texas is not as simple as it appears. Many times, well-meaning clients are told by attorneys "You can have a claim against your previous attorney," and therefore they are encouraged to file a legal malpractice case. Usually, this is not the case. A legal malpractice claim has certain requirements. Not anyone can file a legal malpractice case, or have a legal malpractice claim. Many legal malpractice clients are left out in the cold because while a prima facia case for legal malpractice exists, it is barred by the statute of limitations . Texas law provides that the potential legal malpractice client must meet with the attorneys on at least 2 occasions and the second meeting must be within 15 days of discovery of the incident. Failure to provide counsel with notice is a ground for dismissal. The statute is 2 years, but because of the nature of malpractice cases, time is crucial. The case must be actually filed within 16 months of the incident and the date of occurrence. The expert report relating to the case must be in the file within 60 days of the filing of the case or the case will be dismissed. There is little room for leeway here.

Recent Texas Legal Malpractice Cases

When it comes to high-profile legal malpractice cases in Texas, a few recent cases have made headlines, shedding light on the complex dynamics of malpractice allegations in the legal field.
In December 2019, a federal jury awarded $1.5 million to insurance executive Louis R. "Casey" Gammill III, after he alleged that Venable LLP had committed fraud and legal malpractice while advising him on a BPA litigation. This case highlights the potential for significant damages in legal malpractice cases, particularly in areas related to commercial law and corporate governance.
Another noteworthy case involves a $900,000 settlement reached in 2020 between a prominent Dallas attorney, a paralegal, and the college football player they nearly bankrupted. Collin Ridout, the former player, had sued the McClennan Law Firm, attorney Jane D. Clarkson, and paralegal Brenna Larkin over the handling of a workman’s compensation claim, which resulted in losses for Ridout. The case was closed with a stipulation of settlement and approval by the court, demonstrating the complexity and potential for high-stakes outcomes in malpractice cases.
One more case worth mentioning is a pending legal malpractice suit against the law firm Sidley Austin LLP brought by the company Enviro-Tech. In a current Texas malpractice legal case, Enviro-Tech alleges that Sidley Austin’s failure to prove that its subsidiary filed suit within the statute of limitations caused over $682,351 in damages. The case sheds light on the importance of ensuring compliance when filing lawsuits, especially when complex, multi-tier corporate structures are in play.
Other cases also highlight the various areas of law that can be involved in legal malpractice cases in Texas. For example, in a complex wrongful conviction case, a Texas appeals court affirmed an $850,000 judgment against a McLennan County district attorney who represented an ex-convict in a wrongful conviction claim against the Texas Department of Criminal Justice, after his attorneys and the state failed to properly negotiate the terms of his pay raise and salary adjustment.
As these cases demonstrate, there is a wide range of legal malpractice cases and claims pending against various attorneys and firms, and the outcomes of these cases could have a significant impact on both the plaintiffs and the defendants involved. Legal malpractice is a complex and evolving area of law in Texas, with new cases and precedents continually emerging.

Avoiding Legal Malpractice

In her article entitled, "Prevention of Legal Malpractice", attorney Laura Miller gives a good run down on how to avoid falling into the legal malpractice trap.
In an email interview last week (regarding the above named article), attorney Laura Miller explained that the best prevention techniques are: "For an individual client , the most effective steps are to do your homework (research your attorney before hiring them and hire one you view as competent); don’t reschedule all your appointments; and pay your bills as they become due. For an attorney, the keys are to have a thorough intake process (i.e., ask a lot of questions); put a significant investment into your file management system (to allow for accurate notes, thorough memos, etc.); and stay in touch with your clients."