How To Prove A Texas Legal Malpractice Claim

 

 

In Texas, a claim of Legal Malpractice is defined as:

Legal malpractice happens when an attorney handles a case inappropriately due to negligence or with intent to harm and causes damages to a client.

It simply means:

When a lawyer fails to do their job (intentionally or unintentionally) and their client suffers as a result.

There are 4 elements of the claim:

• Element 1. An attorney owed the plaintiff a duty. An attorney owed the plaintiff a duty means that the lawyer had a responsibility to act in the best interest of their client, providing competent and professional legal services throughout their case.
  

  Facts that might support this element look like:

  * The attorney was retained by the plaintiff to provide legal representation in a personal injury case.
  * The attorney had a professional obligation to act in the best interests of the plaintiff throughout the legal proceedings.
  * The attorney was licensed to practice law and had a duty to adhere to the standards of care expected in the legal profession.
  * The attorney communicated regularly with the plaintiff, establishing a client-attorney relationship that created a duty of care.
  * The attorney accepted payment for services, further solidifying the duty owed to the plaintiff.

• Element 2. The attorney breached that duty. The attorney failed to meet the expected standard of care in their work, meaning they did not act as a competent lawyer would, which harmed their client and is a key part of proving legal malpractice.
  

  Facts that might support this element look like:

  * The attorney failed to file the client’s lawsuit within the statute of limitations, resulting in the dismissal of the case.
  * The attorney neglected to communicate critical developments in the case, leaving the client uninformed and unprepared for court.
  * The attorney provided incorrect legal advice that led the client to make detrimental decisions regarding their case.
  * The attorney did not conduct necessary legal research, which would have uncovered key evidence beneficial to the client’s position.
  * The attorney failed to respond to opposing counsel’s motions, jeopardizing the client’s legal standing and case outcome.

• Element 3. The breach proximately caused the plaintiff’s injuries. The breach proximately caused the plaintiff’s injuries means that the lawyer’s mistake directly led to the harm the client suffered, showing a clear link between the lawyer’s actions and the negative outcome for the client.
  

  Facts that might support this element look like:

  * The attorney failed to file the plaintiff’s lawsuit within the statute of limitations, resulting in the dismissal of the case.
  * The attorney provided incorrect legal advice, leading the plaintiff to make decisions that negatively impacted their case.
  * The attorney neglected to gather crucial evidence that would have supported the plaintiff’s claims in court.
  * The attorney’s lack of communication caused the plaintiff to miss critical deadlines, ultimately harming their legal position.
  * The attorney’s failure to adequately prepare for trial resulted in a poor presentation of the plaintiff’s case, affecting the outcome.

• Element 4. The plaintiff suffered damages. The plaintiff experienced harm or loss, such as financial setbacks or emotional distress, because of their lawyer’s mistakes or negligence, which is a key part of proving a legal malpractice claim.
  

  Facts that might support this element look like:

  * The plaintiff incurred significant financial losses due to the attorney’s failure to file a timely appeal, resulting in the dismissal of their case.
  * The plaintiff was forced to pay additional legal fees to rectify the mistakes made by the attorney, further exacerbating their financial burden.
  * The plaintiff experienced emotional distress and anxiety stemming from the attorney’s negligence, impacting their overall quality of life.
  * The plaintiff lost a lucrative business opportunity because the attorney failed to provide adequate legal advice regarding a contract dispute.
  * The plaintiff’s credit rating suffered due to unpaid debts that arose from the attorney’s mishandling of their case, leading to long-term financial repercussions.

^{(See McMahan v. Greenwood, 108 SW 3d 467 – Tex: Court of Appeals 2003.)}
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Prove Your TX Legal Malpractice Claim

U.S. Civil Cases Only