Common Legal Malpractice Scenarios in Texas: When Can You File a Claim?
Legal Malpractice
The Kassab Law Firm offers unparalleled legal representation to those who have suffered due to negligent or wrongful acts by attorneys. Our office is staffed by skilled malpractice lawyers in Houston who focus their practice on holding attorneys accountable for their errors. If you believe your legal representative’s conduct caused significant losses, you can file a malpractice claim under the Texas law.
Common Causes to File a Claim
Under Texas legal malpractice statutes, a lawyer’s conduct can give rise to liability if they fail to meet the standard of care required in the legal profession. According to the Texas Disciplinary Rules of Professional Conduct, attorneys must ensure they have adequate knowledge of the laws relevant to a client’s matter, maintain transparent communication, and avoid conflicts of interest that could harm client interests. If they fall short, a dedicated legal malpractice attorney in Texas can help clients pursue claims for damages.
Several scenarios frequently give rise to malpractice claims. These typically include:
- Missed Deadlines: Failing to file or respond within the legally mandated time frame is a leading reason for malpractice lawsuits. Plaintiffs must show that the missed deadline changed the probable outcome of their underlying case.
- Poor Case Preparation: If your lawyer neglects crucial discovery tasks or research, it can undermine the strength of your claims. In many instances, an experienced Texas legal malpractice lawyer will look for lapses in investigation that lead to unfavorable rulings.
- Conflict of Interest: Attorneys should avoid representing clients with directly opposing or conflicting interests. A situation where the client’s legal position is compromised by the lawyer’s divided loyalty can be grounds for a malpractice claim.
- Failure to Communicate: An attorney must inform a client of settlement offers and significant developments. The Texas Rules require lawyers to keep clients reasonably updated. Missing key updates or failing to consult the client before crucial decisions may warrant intervention by a malpractice attorney in Houston.
When Can You File a Claim?
To bring a valid malpractice claim, you typically need to demonstrate four elements:
- Attorney-Client Relationship: Prove the accused individual or firm officially represented you.
- Breach of Duty: Show the lawyer failed to meet the standard of care.
- Causation: Confirm that this breach directly led to a negative case outcome or other harm.
- Damages: Establish specific financial harm resulting from the attorney’s conduct.
In Texas, a two-year statute of limitations generally applies to claims against attorneys, starting from the date the malpractice is discovered or reasonably should have been discovered. Timeliness can be a critical factor, which is why it’s advisable to evaluate your potential claim promptly.
Ethical Violations and Barratry
In addition to claims for negligence, some clients face attorney misconduct in other forms. Barratry, often known as unlawful solicitation, is prohibited under Texas Penal Code §38.12. This occurs when a lawyer directly solicits potential clients in inappropriate ways or pays non-lawyers to acquire clients. If you believe you have been subjected to improper solicitation, our top Houston barratry attorney can advise you on possible legal remedies.
Potential Damages in Legal Malpractice Cases
Damages vary according to the type and extent of harm caused by the attorney’s actions. Possible recoveries include:
- Financial Losses: Compensation for the money lost in the original lawsuit or transaction.
- Legal Fees: Repayment of fees paid to the attorney who committed malpractice, under certain conditions.
- Consequential Damages: Additional legal costs incurred to address the aftermath of the mishandled case.
Studies from the American Bar Association confirm that a large proportion of malpractice claims stem from preventable missteps, including poor communication and failure to understand procedural requirements. By filing a claim, you can seek financial redress and also help maintain accountability within the legal community.
Serving Clients Across Texas
Malpractice can occur in any practice area, whether personal injury, real estate, corporate law, or other fields. Our firm receives inquiries from clients statewide. The Kassab Law Firm provides dedicated representation to individuals and corporations harmed by attorney negligence or unethical acts. Our legal malpractice attorney evaluates the merits of your claim, explains potential remedies, and advocates for fair compensation—call 713-522-7400 or contact us today to explore your options for accountability and relief.