Suing Your Lawyer in Texas: When Can You File a Legal Malpractice Claim?
Legal Malpractice
Clients whose cases unraveled because an attorney dropped the ball often ask the same question: Can I sue my lawyer—and when? In Texas, you may file a legal malpractice lawsuit the moment you discover that an attorney’s negligence, conflict of interest, missed deadline, or unethical solicitation caused you a financial loss. Acting quickly preserves evidence.
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Within Two Years of the Error
Texas Civil Practice & Remedies Code §16.003 imposes a two-year deadline on professional-negligence suits, including legal malpractice Texas actions. The timer starts the day an attorney’s missed statute, blown filing, faulty advice, or undisclosed conflict actually injures you. Waiting risks lost evidence and procedural defenses such as limitations pleas. Texas courts reward diligence: plaintiffs who act promptly avoid summary-judgment traps and interest deductions. Don’t assume the calendar resets when your lawyer finally admits an error; in most scenarios, each day after the breach is one fewer day to recover hard-earned funds.
After Discovery of Hidden Negligence
Sometimes an attorney’s misstep stays hidden until after the lawsuit or transaction ends. Texas’s discovery rule postpones the two-year statute until a reasonable person would discover the negligence. You might learn of a secretly expired appellate deadline only when a judgment becomes final, or spot a costly drafting blunder when a contract collapses. In Stanfield v. Neubaum, the Texas Supreme Court confirmed that a late pleading that extinguishes a viable claim meets causation under the discovery rule, giving plaintiffs represented by skilled Texas legal malpractice lawyers powerful precedent.
Nevertheless, courts scrutinize “reasonable diligence,” so documenting the day you first saw red flags is crucial. The malpractice lawyer secures sworn affidavits, engages subject-matter witnesses, and benchmarks industry practices to prove the error was inherently undiscoverable. Once notice arises, the clock moves quickly; engage the firm immediately to preserve critical testimony and stop a skilled defense from shifting discovery blame onto you.
During Continuous Representation
Texas embraces the Hughes tolling doctrine, which suspends limitations while the attorney who allegedly erred continues representing the client in the same matter, including appeals. The logic is simple: you should not be forced to sue your lawyer mid-trial while relying on that same counsel to salvage the case. The Texas Supreme Court reaffirmed the rule in 2022, holding that tolling ends only when the final appellate mandate issues.
For victims, this pause creates room to hire a legal malpractice attorney in Dallas, TX after negligence emerges but before the underlying dispute fully resolves. Continuous-representation tolling frequently intersects with the discovery rule, extending filing rights well past two years—provided you act promptly when new counsel takes over and expert witness memories.
When Fraudulent Concealment Occurs
When lawyers deliberately bury their errors—altering invoices, forging signatures, or misreporting settlement status—Texas courts invoke the equitable doctrine of fraudulent concealment to toll limitations until the deception is uncovered through reasonable diligence. The intentional cover-up, not mere negligence, triggers this pause, so plaintiffs must show affirmative acts designed to hide wrongdoing. That proof often lies in metadata, trust-account ledgers, and internal e-mails the malpractice lawyer obtains through early subpoenas.
Once discovery exposes the fraud, the two-year clock restarts, making swift filing essential before defendants argue you slept on rights. If you suspect your lawyer manipulated records, act now—each passing month helps the concealer rewrite history and erode further critical electronic evidence.
If the Client Is a Minor or Legally Incompetent
Texas law protects minors and legally incompetent individuals by suspending the statute of limitations until the disability ends—generally the 18th birthday or judicial restoration of capacity. During that interval, guardians or next friends may still sue, but the clock does not start against the injured person until they can legally act on their own behalf. This grace period ensures that vulnerable clients can later challenge lawyers who squandered personal-injury settlements, mishandled trust funds, or missed procedural cutoffs. Guardians should therefore consult malpractice lawyers promptly to gather affidavits, retain forensic economists, and secure insurance-carrier notices while the proof remains fresh, discoverable, and policy limits remain fully available.
Not Sure When to Sue Your Lawyer? Call Us
Whether your lawyer missed a filing, hid a conflict, or doctored invoices, The Kassab Law Firm turns professional negligence into financial recovery. Our blend of board certification, trial wins, and statewide presence gives clients the upper hand against any defense team—act decisively and contact us today to preserve your claim before Texas deadlines shut the courthouse doors.