What is Legal Malpractice in Houston
The legal malpractice definition is a claim or complaint made against an attorney for poor or inadequate performance of legal services to the client, where the attorney represents the defendant in a suit for damages.
Legal Malpractice is frequently confused with other forms of negligence. Due to this confusion, clients often accuse attorneys of improper conduct when the case was simply lost. As it turns out, more cases than not, the loss of the case is not the basis for a legal malpractice suit; however, if the attorney’s actions were below the standard of care for the area in which they practice, their actions can be considered legal malpractice. Texas law requires attorneys to keep current on all changes and updates in their field so that they are competent to represent their client.
Legal Malpractice Claims are similar to personal injury claims, both require proof of negligence in order to recover damages. The difference however, is that you have to prove your lawyer was negligent, whereas for personal injuries you would need to prove the other party was negligent. For legal malpractice, the statute of limitations states that you have two years from the date of the negligence to file a claim.
Elements of Legal Malpractice
If you are seeking legal malpractice, there are three elements that must be proven in order to be compensated for your loss. First, you need to prove the attorney was negligent under the standard duty of care for their field. Secondly, you need to show that the attorney’s lack of competence was the direct cause of your financial loss . And third, you need to show that you were awarded a higher amount than the attorney’s fees you are looking to recover.
Frequently, legal malpractice occurs when a client retains a lawyer who is not competent for the case. This means that the client’s legal matter is the result of the lawyer’s lack of legal skill and knowledge. Legal malpractice can occur in many areas of the law such as family law, business law, collections and employment law.
Legal malpractice can easily occur when a client relies on the attorney’s advice and they negligently fail to follow through with their claims. Texas legal malpractice laws require attorneys to follow through with their duties. If they fail to file on time or if they miss any deadlines, these missed deadlines can further the case and result in legal malpractice.
There are four basic types of legal malpractice lawsuits that can be filed against an attorney. The most common is a negligence lawsuit. This is where the client loses a case due to an attorney’s failure to act. Another type is a contract action. In this type of case, the lawyer breaches their contractual duty to the client. The third category is a fiduciary breach action. This may occur when the lawyer works for both the client and the third party, without the client’s knowledge. And the final type of claim is an intentional tort. This occurs when an attorney intentionally harms the client in the representation of their interests.
Legal Malpractice damages can occur to the client’s business, their finances, their relationships and their credit. Legal malpractice occurs in all areas of law, when the attorney fails to fulfill their duties as required by law.
How to Tell If You Need a Legal Malpractice Lawyer
In the midst of managing your legal matters, discerning whether or not to contact a legal malpractice attorney can be a complicated issue. However, it is important to know the signs that you may need to file a legal malpractice claim. Examples of these signals include negligence, a breach of your contract, or staggering evidence of misunderstanding or lack thereof.
Negligence: Showing that an attorney did not deliver what a reasonable person or lawyer would have done is the first step to a case of legal malpractice. You must be able to demonstrate that your attorney did not act according to the standard of their profession. If a court rules that an attorney has acted negligently, the next step is to ascertain whether that negligence resulted in the loss of your case. To prove this, a court would examine the viability of your case if your attorney had not been negligent. If it proves that your previous attorney was negligent in your case, then you may have suffered a loss.
Breach of Contract: In order to have a viable legal malpractice claim, you must also be able to prove that your attorney breached your contract with them. A breach of contract exists when your attorney fails to follow a basic procedure as set forth in your agreement. If it turns out that the attorney violated your agreement, the next step is the ability to demonstrate that such a breach resulted in monetary damages.
Lack of Clarity: In some cases, you may find that your attorney was not clear in communicating the terms of your agreement. If you have questions, you attorney is there to answer them completely and clearly. If this lack of clarity results in charges or fees you don’t agree with, then you may have legal malpractice case. This is especially true if you find yourself being charged for phone calls or consultations without having been informed of these charges beforehand.
If you are in a situation where you cannot answer these questions or determine whether or not you need to find legal representation, it may be time to consult a legal malpractice attorney. Finding the right attorney for your needs is not an easy task. You will want someone who has experience but still maintains the ability to clearly communicate. You will also want a lawyer who is honest with you about the potential outcome of your case. Finally, it will be important that your lawyer works within your budget so that you are not derailed by unexpected fees or charges.
Hiring a Legal Malpractice Lawyer in Houston
Selecting the right legal malpractice attorney in Houston is a crucial decision that requires careful consideration and research. One key factor is their experience. Look for an attorney with a proven track record in handling cases similar to yours. Make sure they have been practicing law for many years and have a thorough understanding of legal malpractice law specific to Texas and the local jurisdiction in Houston. Additionally, their background should demonstrate a focus on legal malpractice cases and an ability to navigate complex legal issues.
A strong track record is another essential factor. A reputable legal malpractice attorney should have a history of successful case outcomes and satisfied clients. Look for a lawyer who has obtained favorable verdicts or settlements for clients in similar legal malpractice cases. This can be evidenced through client testimonials or case studies on their website or in published legal journals.
Additionally, client testimonials offer valuable insight into the attorney’s reputation. Seek out reviews from previous clients who have worked with the attorney on legal malpractice cases. Client feedback can provide an honest assessment of the attorney’s communication skills, responsiveness, and overall effectiveness. It’s also a good idea to ask for references from the attorney so that you can contact their past clients directly and hear about their experiences firsthand.
Finally, availability for an initial consultation is an important consideration. A prospective legal malpractice attorney should be willing to meet with you in person or arrange a phone or video conference to discuss your case. During the consultation, take note of how well the attorney listens to your concerns, explains legal concepts related to legal malpractice, and provides clear answers to your questions. There is no obligation to act after an initial meeting, but it can reveal a lot about how your case may be handled.
Overall, finding the right legal malpractice attorney in Houston involves examining their experience, track record, reviews from other clients, and their availability for an initial consultation.
The Steps to Pursuing a Legal Malpractice Claim
The decision to file a legal malpractice claim against an attorney based in Houston, Texas, is a big step. But filing such a claim simply because a case did not result in a positive outcome is not enough. Instead, the plaintiff must prove that the attorney failed to represent the client in a competent manner, and that the negligent act or behavior ultimately resulted in damages. The next step is filing a claim. The process of filing a legal malpractice claim is straightforward but can take a bit of time. First, the plaintiff meets with an attorney and provides information about why the previous attorney was negligent. The attorney then copies all of the pertinent files and materials regarding the case. Upon reviewing the documentation, the attorney can then inform his or her client about whether a legal malpractice case can go forward. Once the claim is decided upon, a case is created, and the plaintiff is named. The plaintiff is then informed about whether the claim has enough merit, and if it does, an attempt is made to negotiate a settlement between the plaintiff and the attorney. If this negotiation is successful, the legal malpractice case is resolved. However, it is not always possible to negotiate a settlement. In such situations, a legal malpractice case must then be filed with the courts. The attorney representing the plaintiff will then file relevant documents with the court, which include the claim itself, any motions, pleadings, and discovery papers. After the filing of the claim, the case will be assigned to a court depending on the complexity of the case and the damages sought by the plaintiff. A case cannot be settled until after the defendant attorney submits his or her own written response to the claim. With this information, a discovery period is then begun where both the client and the attorney are deposed. At this point, the case is moved forward to a mandatory settlement conference. If no settlement can be reached, both sides are then allowed to submit "pre-trial documents" to the courts, but doing so is not always required. It is at this point that both sides of the case begin to prepare for trial. Typically, if both parties cannot reach a resolution, they usually engage in pre-trial preparation that features jury selection, witness selection, and other tasks that are needed to prepare for trial. Filing a legal malpractice claim is challenging, so having a solid and experienced legal malpractice attorney by your side is critical.
Hurdles in a Legal Malpractice Case
Legal malpractice cases often prove to be complicated, challenging matters. First, the burden of proof is not exactly easy. An attorney, if push comes to shove, will argue that they had a good reason for making the mistakes they did. Perhaps the most contentious defense of all, however, is the claim that you would have lost your case anyway. In other words, they will argue that the client would have lost even if there was no mistake on the part of the attorney. Of course, the argument is that the facts were just not on the side of the client . Many times, this is more of a problem in a civil rights case, where an attorney has dropped the ball. Finally, there is always the problem of procedure. Many clients are not aware that, after the case itself, statute of limitations dictates that no more than two years can pass before filing on a legal malpractice suit. Whenever you feel that you have been taken advantage of by a legal professional, it pays to seek reparations. For many clients, a legal malpractice suit is the only way to ensure justice.
Advantages of Having a Legal Malpractice Lawyer
It may be tempting to avoid the hassle of finding a new lawyer, but much like any professional service, hiring a specialist has its advantages. A specialized legal malpractice lawyer offers expertise and resources that a general practitioner simply does not have. Legal malpractice is an extremely niche area that requires years of experience to accumulate. Your lawyer is your main source of information and resources when it comes to your case, but a general practitioner just does not have the legal background to fully defend you in court. Unless your case happens to align with their specific area of expertise, they are not going to be able to help you as much as they might intend to. By hiring a lawyer who deals strictly in legal malpractice cases, you know that they have dedicated their careers to helping people who have been harmed by a negligent or incompetent lawyer.
Legal Malpractice FAQS in Houston
What constitutes legal malpractice in Houston?
Legal malpractice occurs when an attorney fails to provide the "standard of care" to their client, resulting in injuries or damages to the client. For example, if an attorney is not aware of deadlines related to a client’s case, this may result in a legal malpractice claim.
How does legal malpractice differ between states?
Lawsuits against attorneys vary quite a bit based on the state. The state where the legal malpractice occurred is usually where the lawsuit will need to be filed. There are also statutes of limitations to take into account that differ from state-to-state. In most states , you will have a certain amount of time following the negligence in which to file a claim for legal malpractice.
Do I have to prove that the attorney has committed a crime/misdeameanor?
No. If your case involves a breach of trust with your attorney, however, this may fall under criminal fraud charges. You do not need to prove "criminal" wrongdoing for common legal malpractice cases.
What can I recover from a case of legal malpractice?
You can recover lost damages, including emotional distress, financial losses, and more. You may also be able to recover attorney’s fees incurred by having to file a lawsuit against the professional. You must be able to prove that a breach of contract occurred and that damages resulted from that breach.