Common Legal Malpractice Disputes & When to Bring in an Attorney
The general concept that there are no attorneys who sue other attorneys is a fallacy that many people do not understand. There are attorneys who will represent victims of legal malpractice, although most of them do not make legal malpractice claims their focus. The attorneys at The Kassab Law Firm make legal malpractice claims their sole focus, and Lance Christopher Kassab is Board Certified in Legal Professional Liability. Having the right attorney for a legal malpractice claim may be more important than any other type of legal action, and it is always best to retain an experienced legal malpractice law firm in Houston like The Kassab Law Firm Houston Texas legal malpractice attorneys who focus on the legal malpractice field. Below are some of the most common types of claims against lawyers that fall within the umbrella of legal malpractice.
Conflicts of Interest
Conflicts of interest is one of the most common types of a legal malpractice claim. The old axiom states that no man can serve two masters, for either he will hate the one and love the other, or he will be devoted to the one and despise the other. This is the very basis of a conflict of interest. Conflicts usually arise when an attorney places the interest of one client over another or places his own interests above those of a client. An attorney in Texas owes each client a fiduciary duty of loyalty, and that duty is often breached when an attorney engages in a conflict of interest. If the conflict is intentional, the client may be able to sue for exemplary damages and disgorge any attorney’s fees paid.
Failure to Properly Apply the Law
Another common basis for a legal malpractice claim is the failure to properly apply the law when representing a client. A common example would be when an attorney fails to raise viable claims or defenses on behalf of a client and this failure either causes the claims to be dismissed or a judgment against the client.
Failure to File the Lawsuit
Perhaps the most common error by an attorney is a failure to file the lawsuit within the statute of limitations. Most claims require the plaintiff to file suit within a time specified, generally within two or four years depending on the claim. If the client goes to a lawyer prior to this time period expiring but the lawyer fails to timely file the claim, then the underlying claim could be dismissed based on limitations. If the claim is dismissed, the client may have a claim against the lawyer for negligence.
Contact a Malpractice Law Firm in Houston
Legal malpractice cases can be very complicated legal matters that always require the expertise of an attorney with a focused practice on this area of law. Texas residents should always call The Kassab Law Firm Houston Texas legal malpractice attorneys for comprehensive legal malpractice representation.