Conflicts of Interest and Breach of Fiduciary Duty in Texas: When Attorney Loyalty Breaks Down
Did the lawyer disclose the conflict? Did the lawyer explain whose interests would come first? Did the lawyer recommend independent counsel or keep billing while loyalties divided? Those questions can determine whether a bad result was ordinary negligence or a breach of fiduciary duty. A […]
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 […]