Statute of Limitations and the Discovery Rule in Texas Legal Malpractice Cases: When Deadlines Really Begin
Can a Texas legal malpractice deadline expire before the client discovers the lawyer’s mistake? Yes, unless the discovery rule or another tolling doctrine delays the limitations period. Texas generally applies a two-year deadline, but the starting date depends on when the client suffered a legal […]
The ‘Case Within a Case’ Doctrine in Texas Legal Malpractice Claims: Proving You Would Have Won the Underlying Case
How do you prove that you would have won a lawsuit that was never properly tried? That question sits at the center of the case within a case doctrine, one of the hardest causation requirements in Texas legal malpractice claims. A legal malpractice attorney must […]
Arbitration Clauses and Forum Selection in Attorney-Client Agreements: How They Impact Texas Malpractice Claims
Arbitration clauses in attorney-client agreements can decide a Texas legal malpractice case before the facts are ever tested. Instead of presenting the claim to a jury, the client may be required to proceed in a private forum with limited discovery and restricted appeal rights. That […]