The Role of Expert Witnesses in Legal Malpractice Cases in Texas
Legal Malpractice
In legal malpractice cases, establishing that an attorney failed to uphold the standard of care expected in the profession is a critical part of proving the claim. Texas courts typically require testimony from a qualified legal professional to demonstrate what the standard of care is and how it was violated. This makes third-party legal professionals essential to the process of holding negligent attorneys accountable. In fact, without this testimony, a plaintiff’s legal malpractice case may not proceed. At The Kassab Law Firm, a leading litigation firm in Texas, the firm uses these third-party legal professionals to strengthen each case and build compelling arguments on behalf of clients. As seasoned legal malpractice lawyers in Houston, TX, we understand how to meet the burden of proof in Texas courts—and the vital role these expert witnesses play in doing so.
Why Third-Party Legal Testimony Matters in Texas
Texas law requires that plaintiffs in legal malpractice lawsuits show that their former attorney breached a duty and that this breach caused measurable harm. To demonstrate this breach, the plaintiff must show what a competent attorney would have done under similar circumstances. This is where expert witnesses become critical.
According to Texas Rule of Evidence 702, testimony from a qualified witness with legal knowledge may be presented to assist the court in understanding whether the attorney’s conduct fell below the accepted standards of legal practice. Without this, the court or jury would have no reliable frame of reference to assess the lawyer’s performance.
Who Qualifies to Provide Legal Testimony?
Not every licensed attorney is eligible to serve in this role. The witness must demonstrate sufficient qualifications, such as years of practice in the relevant field of law, familiarity with Texas legal standards, and an understanding of the duty of care required in the original matter.
For example, in a legal malpractice case involving missed deadlines in a civil litigation matter, the legal witness must have substantial experience handling civil cases under Texas law. This ensures the court receives a reliable and credible evaluation of whether the defendant-attorney acted appropriately. At The Kassab Law Firm, our experienced legal malpractice attorney regularly works with credible and experienced legal professionals to support their cases effectively.
Proving the Case-within-a-Case
One unique challenge in legal malpractice lawsuits is proving that, had the original attorney acted properly, the client would have succeeded in the underlying case. This is often referred to as the “case-within-a-case” doctrine.
The legal witness’s job includes analyzing the original matter and offering an opinion on whether the plaintiff would have prevailed but for the attorney’s negligence. For example, in a personal injury case mishandled by a former lawyer, the legal witness must examine the merits of that injury claim to assess its value and likelihood of success.
These evaluations require careful legal analysis and a clear articulation of how the original lawyer’s conduct altered the outcome. Texas legal malpractice attorneys rely heavily on this analysis to connect the defendant-lawyer’s conduct to the damages claimed by the plaintiff.
Legal Witnesses and the Pre-Suit Requirements in Texas
Under Texas Civil Practice and Remedies Code § 150.002, plaintiffs in professional negligence cases involving licensed professionals, including attorneys, must file a certificate of merit. This certificate is a written opinion from a legal professional stating that the claim has merit and that the defendant likely violated the standard of care. Failure to file this certificate can result in dismissal of the case.This legal requirement underscores the essential nature of third-party legal testimony in the early stages of litigation.
Start Building a Strong Legal Malpractice Claim with Skilled Texas Attorneys
If you believe your previous attorney mishandled your case and caused you harm, you need legal malpractice lawyers who understand how to build a strong, evidence-backed case. At The Kassab Law Firm, we work closely with expert witnesses to evaluate conduct, prove liability, and demonstrate damages—giving your case the highest possible chance of success.
Whether you are in Houston, Dallas, or anywhere else in Texas, our legal malpractice attorneys are ready to pursue justice on your behalf. Don’t delay—contact us today to discuss your legal malpractice concerns.