What Counts as Legal Malpractice in Texas?
Legal malpractice is a type of professional negligence. Most accident cases are brought under a negligence theory, which is the failure to use ordinary care. A negligent person who injures you will need to pay compensation. In the professional context involving lawyers, professional negligence consists of the failure to meet the standards expected of lawyers in Texas. Put simply, you might bring a legal malpractice case when your attorney makes some mistake which ends up costing you money.
Can You Bring a Malpractice Case If You Lose Your Case?
It depends on whether your attorney meets the standards we expect of trained lawyers in Texas. The fact that you lost doesn’t necessarily mean you have a malpractice claim. The lawyer might have done excellent work, but you lose anyway.
The standard that applies to lawyers is the skill and care a reasonably competent attorney would exhibit while working on your case. This standard does not require perfection but does require that a lawyer show competency. A lawyer should understand the law and connect how it applies to the facts of your case. If the lawyer is working in a new field, then they should consult with a more experienced lawyer.
To win a malpractice claim, a client must show certain elements:
- The existence of an attorney-client relationship.
- A duty of professional care owed by the lawyer to the client.
- The lawyer’s breach of their duty; that is, their conduct fell below the standard.
- The breach harmed the client.
- The client suffered financial damages because of the breach.
Often, the most contested elements are breach and causation. For example, your lawyer might have refused to put a witness at a car accident trial, and you think this refusal led to losing the case. We will need to show that a competent lawyer would have presented the witness, and that the witness’s testifying would have made a difference in your case.
What Are Common Examples of Legal Malpractice in Texas?
Lawyers make mistakes for a variety of reasons. Some lack sufficient experience in an area of law to practice competently. Other lawyers are dealing with burnout or have accepted too many clients. Whatever the reason, the lawyer breaches the duty of care by:
- Failing to file a lawsuit before the statute of limitations expires.
- Losing or destroying critical evidence in your case.
- Providing inaccurate or incomplete advice which ends up hurting you or your business.
- Accepting a settlement proposal without the client’s consent.
- Neglecting to disclose a current conflict of interest.
- Drafting a contract which failed to protect your rights.
Call Pierce Law Firm. These cases often rely on expert witnesses who can testify about the relevant standard of care. Our experts can also testify as to whether your lawyer’s representation harmed you. This area of law often turns on complicated evidence and experts, so hiring the right lawyer makes all the difference.
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The Pierce Law Firm opened to assist Texans with their legal needs when another lawyer breaches their duties. We can discuss in a confidential setting why you believe a lawyer’s mistakes have hurt you. Contact a Houston legal malpractice lawyer today.