When Does Attorney Negligence Become Legal Malpractice in Texas? Understanding the “Case Within a Case” Requirement
A lawyer’s mistake becomes legal malpractice in Texas when the mistake causes the client to lose a claim, defense, settlement opportunity, or measurable financial benefit. Texas legal malpractice generally requires duty, breach, proximate cause, and damages. When negligence changes the outcome of earlier litigation, the […]
Arbitration Clauses in Attorney Engagement Agreements: How They Impact Legal Malpractice Claims in Texas
A legal malpractice claim can be removed from court before its merits are heard. The reason may be several lines in the signed engagement agreement. An arbitration clause requires covered disputes to be decided by an arbitrator rather than a judge or jury. It does […]
Defending Against Summary Judgment in Texas Legal Malpractice Cases: Expert Testimony and Evidentiary Challenges
Summary judgment can end a Texas legal malpractice claim before a jury hears a single witness. The defendant does not need to prove that the lawyer handled the underlying matter correctly. Instead, the defendant may prevail by showing that the plaintiff lacks admissible evidence of […]