Infographic: Legal Malpractice
Although legal malpractice is generally referred to as negligence committed by an attorney, it can occur in any area of the law and can take many forms such as simple negligence, gross negligence, negligence per se, breach of contract, breach of fiduciary duty, fraud, and, in Texas, violations of the Texas Deceptive Trade Practices Act.
Clients can be damaged by lawyers in many ways such as:
- Neglect -missing a statute of limitation, failing to conduct and respond to discovery, failing to designate experts and/or proper witnesses
- Lawyer’s conflict of interest-putting the lawyer’s interests above a client’s or putting one client’s interest over another client’s interest
- Drafting errors in documents and/or agreements
The infographic at left provides a quick and dirty breakdown of legal malpractice in Texas. Of course, there are many types of causes of action other than negligence that may be brought against lawyers. Please see the section “Proving Legal Malpractice” for more information regarding other causes of action.