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Legal Malpractice FAQs

Texas Legal Malpractice Lawyers

For the benefit of our clients, we have put together the following list of the most commonly asked questions and their answers.

  • Can I fire my attorney? Yes. The client has the absolute right to fire their lawyer. This is true even if the fee agreement attempts to restrict this right. However, when a lawyer is discharged, the lawyer may have certain remedies and even causes of action depending on whether the termination was for good cause.
  • What could happen if I fire my attorney? It depends on whether good cause existed. If a lawyer materially breaches the contract, then the client has good cause and the lawyer may even forfeit his right to any compensation. However, a lawyer still may recover in a quantum meruit action (his hourly time in the case until being fired). If there is not good cause to fire the attorney, then the lawyer may recover the full amount of his compensation. Thus, the client may be responsible for paying two lawyers.
  • Are lawyers in Texas required to carry professional liability insurance? Unfortunately, no. While other states require lawyers to carry malpractice insurance, the State of Texas does not require lawyers to do so. This does not impact a client’s right to pursue a legal malpractice claim, but it does create problems of collectability.
  • If a lawyer has professional liability insurance, are all claims covered under such policies? Typically, no. While professional negligence and violations of the Texas Deceptive Trade Practices Act are generally covered, fraud and intentional misconduct may be excluded. Thus, it is important to retain an experienced legal malpractice attorney who understands these nuances.
  • Is filing a grievance with the State Bar of Texas the same as a legal malpractice claim? No. The State Bar of Texas investigates and prosecutes complaints of professional misconduct against Texas-licensed attorneys. However, this process is separate and apart from filing a legal malpractice claim. A grievance and the results of the grievance are typically not admissible in a legal malpractice lawsuit.
  • What is the Texas statute of limitations for legal malpractice claims? Legal malpractice claims must be filed within two years from when the alleged negligence occurred or when it should reasonably have been discovered. Texas allows late filing only in rare situations when malpractice could not have been discovered earlier. Courts are strict about deciding when that exception applies. Because malpractice issues often surface after a case ends or a deadline is missed, identifying the correct start date is important. It helps preserve evidence and prevents losing the ability to pursue a claim.
  • How is legal malpractice different from attorney misconduct? Legal malpractice involves professional negligence that causes the client financial harm. In contrast, attorney misconduct concerns violations of ethical rules that may not result in damages. Examples of misconduct include conflicts of interest or communication failures, but these issues may not be grounds for a malpractice claim. Ethical misconduct is handled by the State Bar of Texas, which may impose discipline even when no financial loss exists. A malpractice case requires proof that the involved attorney failed to meet the standard of care and that this failure caused a negative outcome. Missing a critical filing deadline and giving incorrect legal counsel that causes financial harm are two forms of legal malpractice.
  • In Texas, what does “case within a case” mean in a legal malpractice lawsuit? The “case within a case” requirement means the client must show that the attorney was negligent and that the underlying matter would have been successful if handled correctly. This helps ensure that claims are based on actual harm rather than dissatisfaction with a result. Meeting this burden requires evidence demonstrating how the original case should have been resolved, whether through litigation or negotiation. Courts use this approach to determine whether the attorney’s conduct, rather than outside factors, caused the loss.

Contact Our Firm

Obviously, a website can never take the place of a face-to-face meeting with an experienced attorney, so we encourage you to contact our office to schedule a consultation. You can contact us by completing the contact form located on this website. We accept most cases on a contingent fee basis, and offer services in English and Spanish.