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.
Who May Sue an Attorney?
Three categories of people may sue an attorney. First, a person may sue an attorney when there is an attorney-client relationship between the parties. To establish an attorney-client relationship, the client must show that the attorney agreed to represent the client or provide advice. If there is no explicit contract between an attorney or a client, the client may still prove the attorney agreed to represent him by showing the attorneys' conduct. A client need not pay the attorney to establish an attorney-client relationship.
What Can A Lawyer Be Sued For?
An attorney is not liable to his client simply because he does not obtain a favorable result. To prevail, the client must show the attorney acted improperly in one of the following ways.
- Breach of Fiduciary Duty
- Negligent Misrepresentation
What Can I Recover?
In any legal malpractice action, the client must prove the damages sustained as a result of the attorney's improper conduct. This may be particularly difficult if the attorney's error occurred in litigation because the client must prove what would have happened in the litigation if his attorney had not erred.