How Long Does a Client Have to File a Legal Malpractice Lawsuit?
Legal Malpractice
If you believe that your attorney’s actions have fallen short, resulting in harm to your interests, you might consider pursuing a legal malpractice lawsuit. One critical aspect to keep in mind is the timeframe within which you must initiate such a claim. For unparalleled guidance, consult with Houston legal malpractice attorneys who can help you understand and navigate the complexities of your legal malpractice claim.
Statute of Limitations: Legal Malpractice in Texas
In Texas, the statute of limitations for legal malpractice is explicitly defined under the Texas Civil Practice & Remedies Code, Section 16.003. According to this statute, individuals have two years from the date the malpractice occurred or from the date when it should reasonably have been discovered to file a legal malpractice lawsuit. This limitation underscores the need for clients to be vigilant about the legal services they receive and to act swiftly if they suspect any misconduct.
The “discovery rule” may modify the starting point of the statute of limitations in cases where the malpractice was not immediately evident. This rule allows the statute of limitations to begin when the client actually discovers, or through reasonable diligence should have discovered, the facts constituting the malpractice. This provision acknowledges that some breaches of duty by attorneys might not be apparent immediately, especially in complex legal matters where the outcomes of decisions or actions taken by an attorney unfold over time.
Given this limited window, it is crucial for clients to monitor their legal proceedings closely and consult with a legal malpractice attorney if they suspect any actions that could potentially harm their interests. Delay in recognizing or acting upon such suspicions can lead to the inability to seek redress, as claims might become barred by the expiration of the statute of limitations.
Legal malpractice in Texas encompasses a range of behaviors but generally involves cases where an attorney has breached their duty of care to a client, resulting in harm or loss. Common examples include missing filing deadlines, failing to act according to client instructions, conflicts of interest, and inadequacies in following through with client representation.
Exceptions to the Rule
While the general rule in Texas is that the statute of limitations for legal malpractice is two years, there are notable exceptions that can extend this period. One significant exception to the standard statute of limitations involves cases of fraudulent concealment. Under Texas law, if an attorney has actively concealed their wrongdoing, the statute of limitations does not begin to run until the client discovers, or with reasonable diligence should have discovered, the malpractice. This legal principle is intended to prevent wrongdoers from benefiting from their deceit by delaying the discovery of their malpractice.
The Texas Civil Practice & Remedies Code, Section 16.003(b), specifically addresses this issue, stating that if a defendant fraudulently conceals the cause of action from the knowledge of the person entitled to bring it, the time of the defendant’s concealment is not included in the limitations period. This means the clock only starts ticking once the fraud is discovered or should have been discovered by the plaintiff.
Given these exceptions, it is imperative for clients to maintain comprehensive records of all their interactions with their legal representatives. Detailed records can help uncover potential malpractice that might not be immediately evident and can be crucial when a claim involves concealed misconduct. Further insights into how legal malpractice cases are handled, including appeals and insurance impacts, can be found here.
If you suspect that there might have been fraudulent concealment or any other complex issue related to legal malpractice, consulting with an experienced legal malpractice lawyer becomes even more essential. An attorney in this field can provide insights into whether the standard statute of limitations applies or if an exception could extend the filing deadline.
Your Right to Competent Legal Representation
Remember, the window for seeking redress in cases of legal malpractice is tightly bound by Texas law. If you believe that your legal rights have been compromised by the actions of your attorney, and want to pursue a legal malpractice lawsuit, reaching out to a seasoned legal malpractice attorney is your first step towards rectifying the situation. The Kassab Law Firm stands ready to evaluate your case and guide you towards achieving the legal outcome you deserve. Visit our website for more information or schedule a consultation with our team. Your rights matter, and so does your choice of representation.