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Austin Legal Malpractice Lawyers

We hope we can help pursue your legal malpractice claim.  Not only are we one of the few Texas firms that routinely handle plaintiffs' legal malpractice claims, but Mark Perlmutter has been tabbed as one of the attorneys to help re-write the Texas Rules of Disciplinary Procedure, which govern the conduct of Texas lawyers. 

If you have questions about malpractice claims or you are a victim of legal malpractice, please call us at (512)476-4944. 

Legal Malpractice In The Criminal Context

To win a legal malpractice claim, a plaintiff must prove that the attorney’s negligence was a proximate cause of the plaintiff’s injuries. For over 15 years, it has been the law in Texas that legal malpractice plaintiffs who have been convicted of a criminal offense cannot establish the proximate cause element unless the plaintiff is later exonerated on direct appeal, through post-conviction relief, or through other measures.

The rule was the subject of Martinez v. Alvarenga, a decision handed down by the San Antonio Court of Appeals last week. In that case, the plaintiff plead nolo contendere to a charge of arson, and then sued his lawyer for malpractice. The plaintiff tried to distinguish his claim from the long-standing proximate cause rule by arguing that he did not plead guilty. The San Antonio court said, "no dice." As long as the criminal defendant is found guilty in some sense, then the rule applies.

This rule explains why it is almost impossible to bring a legal malpractice claim based upon an underlying criminal charge. Generally, if the representation results in a "not guilty" finding, then the plaintiff is not damaged no matter how poorly the attorney performed. On the other hand, if there is a "guilty" finding, then the rule prevents the plaintiff from bringing suit unless he’s later exonerated (a rare occurrence, particularly here in Texas).

 

The information provided on this website by Perlmutter & Schuelke , LLP, of Austin, Texas is intended as a public service and to give you an idea of some of the issues you may encounter. This information is by no means complete, is designed to apply only in the State of Texas, and does not replace the advice of an attorney. Before taking action or relying upon any information provided in this website, you are advised to talk to an attorney. Perlmutter & Schuelke, LLP is not establishing an attorney-client relationship through this information or their website.

Perlmutter & Schuelke, LLP maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Fort Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen.

Perlmutter & Schuelke, LLP 1717 W. 6th Street, Ste. 375 Austin, Texas 78703 (512)476-4944

http://www.civtrial.com

 


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