What Qualifies as Legal Malpractice in Texas? Understanding Your Rights as a Client
Legal Malpractice
Legal misfires can echo longer than the cases they derail, but a decisive response tips the scale back in your favor. Under Texas law, legal malpractice occurs when an attorney (1) owed you a duty of care, (2) breached that duty through negligent or wrongful conduct, (3) proximately caused you harm, and (4) left you with measurable damages. The Kassab Law Firm turns attorney errors into client wins. Juries trust clear timelines, pristine accounting, and undivided loyalty.
Think your lawyer’s mistake cost you money? Speak with the best legal malpractice lawyers in Houston, TX for a no-fee review today.
You Can File a Claim If Your Lawyer Missed Critical Deadlines
Texas litigation runs on tight calendars. Blow the statute of limitations or an appellate cutoff and a winnable lawsuit evaporates—no judge can revive it. In Kimleco Petroleum v. Morrison & Shelton, the Texas Supreme Court confirmed that a missed deadline “foreseeably and proximately” wipes out a client’s claim, satisfying the causation element of malpractice. If paperwork went out late and your case died on arrival, you may recover the verdict or settlement value the court never got to hear.
You Can File a Claim If Your Lawyer Put Another Client First
The attorney–client relationship demands undivided loyalty. Hidden equity stakes, referral fees, or simultaneous representation of adverse parties breach that fiduciary duty. Texas juries have issued six-figure awards where conflicted counsel steered strategy to benefit someone else. Subpoenaed emails, retainer agreements, and billing records often reveal the conflict—and open the door to damages for every strategic misstep that followed.
You Can File a Claim If Your Lawyer Settled Without Your Consent
Only you decide whether to settle. Accepting or rejecting an offer without clear authorization violates Texas Disciplinary Rules and almost always qualifies as malpractice. Courts compare the unauthorized deal with the outcome a reasonably informed client could have secured and award the difference—sometimes plus interest and costs.
You Can File a Claim If Your Lawyer Mishandled Client Funds
Retainers and settlement checks belong in safeguarded trust accounts—not an attorney’s operating ledger. Commingling, “borrowing,” or issuing disbursements without proper vouchers breaches ethical and common-law duties. Section 82.062 of the Government Code even authorizes suspension or disbarment; civil courts add fee forfeiture and punitive damages when fraud is proven. A forensic accounting can trace every wayward dollar and convert it into a compensable loss.
You Can File a Claim If Your Lawyer Illegally Solicited Your Business
Uninvited phone calls, hospital-bed sign-ups, and other barratry tactics are flat-out illegal. Texas Government Code § 82.0651 lets victims recover all fees paid and an additional $10,000 civil penalty. A 2025 recently enacted law in Austin would hike that penalty to $50,000 starting September 1. Even if your underlying case settled favorably, unlawful solicitation alone supports a malpractice suit.
You Can File a Claim If Negligent Advice Destroyed Your Case Value
Bad research, misread statutes, or failure to flag tax consequences can shrink—or erase—what you ultimately recover. Courts weigh the work against the care a prudent legal malpractice attorney would exercise in the same circumstances. Proving negligence often involves expert affidavits, economic modeling, and a deep dive into what competent counsel would have done differently. Malpractice lawyers in Houston will enlist subject-matter witnesses and economic experts to prove what competent representation would have achieved.
You Can File a Claim If You Act Within the Two-Year Statute—or Fit an Exception
Most malpractice suits must be filed within two years. Two key exceptions can extend that window:
- Discovery Rule – The clock doesn’t start until you knew, or reasonably should have known, about the malpractice.
- Fraudulent Concealment – If the attorney hid the wrongdoing, limitations toll until discovery.
Delays weaken evidence, so move quickly once red flags appear.
You Can File a Claim If You Can Prove Causation and Damages
Texas follows a “suit-within-a-suit” model. You must show that competent lawyering would likely have produced a better result. Certified pleadings, deposition excerpts, and expert testimony rebuild the original case to establish lost value. Recoverable damages include:
- Lost Judgment or Settlement Value
- Fee Forfeiture
- Punitive Awards for willful misconduct or fraud
- Pre- and Post-Judgment Interest
Solid documentation and credible witnesses transform hypothetical losses into jury-ready numbers.
File a Texas Legal Malpractice Claim Before Your Rights Expire
The Kassab Law Firm combines board-certified advocacy with relentless courtroom strategy, guiding clients through every phase of recovery; if you suspect your lawyer’s negligence cost you money, preserve your claim and contact us today.