What Is the Statute of Limitations for Legal Malpractice in Texas?

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Sadly, just like there is medical malpractice, there can be legal malpractice. If you’re a victim of legal malpractice in Texas or anywhere else in the Country, the Kassab Law Firm can help. Give our office a call at 713-522-7400 to talk with us about your situation.  Or simply fill out a contact form on our website.

What Is Legal Malpractice?

Legal malpractice is generally considered a negligence case against an attorney, citing failure to use ordinary care. According to Cornell Law School’s Legal Information Institute, ordinary care is “the standard of care where a reasonable person would exercise in the same situation or under similar circumstances.” Failure to use ordinary care for attorneys means that they failed to act as a reasonably prudent lawyer would have done or not done in the same or similar situation.

In legal malpractice cases, you not only need to prove the lawyer’s negligence but also that you were harmed because of that negligence. An example of harm from negligence would be a case being dismissed when in actuality, the client would have presumably won the case if not because of the actions or inactions of the attorney. The client bringing forth a claim against the lawyer must show that it is reasonable to assume that harm, not that it is an absolute.

Negligence is not the only cause of action that one can bring against a lawyer.  The term legal malpractice is an umbrella term for all the different causes of action that can be brought against a lawyer.  For instance, lawyers are not immune from causes of action such as breach of fiduciary duty, fraud, misrepresentation, breach of contract, violations of a deceptive trade statute and many other types of causes of action.

Is There a Statute of Limitations on Legal Malpractice?

The statute of limitations is a “legislative act restricting the time within which legal proceedings may be brought, usually to a fixed period after the events that gave rise to the cause of action. Such statutes are enacted to protect persons against claims made after disputes have become stale, evidence has been lost, memories have faded, or witnesses have disappeared.”

Statutes of limitations vary from state to state and the time limits vary depending on the cause of action being brought. The statute of limitations for negligence in the state of Texas is 2 years.  A claim for breach of fiduciary duty, fraud and breach of contract carry a 4-year statute of limitations.  However, in Texas, the clock on that doesn’t start until the lawyer’s client finds out, or should have found out, the facts that precipitate their cause of action. If the malpractice is during a lawsuit defense or during a prosecution, that statute of limitations is paused until all appeals have been exhausted. You must be careful regarding the various causes of action and statute of limitations because some facts may support only a negligence claim as opposed to a cause of action carrying a longer statute of limitations.  This is why you need an experienced legal malpractice lawyer.

If the time limit runs out and you have not filed a claim against the attorney, you have forfeited the right to bring a case. The statute of limitations is a complex issue filled with nuances. A legal malpractice attorney can help you navigate through it to see where your cause of action is and if the time limit is still viable.

Legal Malpractice Cases and Professional Liability Insurance

Depending on the state, lawyers may or may not be required to have professional liability insurance, which covers legal costs and claims arising from errors, acts, and omissions while working as a lawyer. The state of Texas is not one of those states that will require it for attorneys. However, many still do carry this to protect themselves and their clients.

While you can still sue an attorney in the state of Texas whether the lawyer has professional liability insurance or not, it is harder to pursue when they do not have coverage. This is so because legal malpractice cases are very difficult and expensive and if the lawyer has no insurance or assets, whatever judgment that is obtained can be difficult to collect.  Talking with another legal malpractice lawyer can help you understand what will be involved in each situation.

Legal Malpractice Lawyers in Houston TX

With such a short statute of limitations and the vagueness of when that clock starts, time is of the essence if you feel that your attorney did not act reasonably in your case. Talk with the experts in legal malpractice and see if you have cause to pursue a case against them.

If you believe you have a case or want to pursue your options, a legal malpractice attorney can go over the viability of it. The Kassab Law Firm specializes in these cases and is experienced. Call us at 713-522-7400 or fill out a contact form on our website to have your appointment set with our legal malpractice attorneys.