Phone: 713-522-7400

WE SUE LAWYERS

100% Focused
on Legal Malpractice Cases,

in Texas and Nationwide

Experienced in legal malpractice cases arising out of the mishandling of:

BUSINESS & CORPORATE TRANSACTIONS

Experienced in legal malpractice cases arising out of the mishandling of:

OIL & GAS TRANSACTIONS

Experienced in legal malpractice cases arising out of the mishandling of:

MEDICAL MALPRACTICE & WRONGFUL DEATH CASES

 

 

Experienced in legal malpractice cases arising out of the mishandling of:

MASS TORT/CLASS ACTION CASES

Experienced in legal malpractice cases arising out of the mishandling of:

INTELLECTUAL PROPERTY/PATENT PROSECUTION

Experienced in legal malpractice cases arising out of the mishandling of:

PERSONAL INJURY CASES & EIGHTEEN-WHEELER ACCIDENTS

Experienced in legal malpractice cases arising out of the mishandling of:

DIVORCE & FAMILY LAW

Experienced in legal malpractice cases arising out of the mishandling of:

IMMIGRATION CASES

Were You Improperly Solicited by a Lawyer?

WE HANDLE BARRATRY CLAIMS AGAINST ATTORNEYS

Did Your Lawyer Mishandle Your First Trial?

WE HANDLE APPEALS INVOLVING LEGAL MALPRACTICE ISSUES

About Legal Malpractice

By Legal Malpractice Lawyers at The Kassab Law Firm

Although legal malpractice is generally referred to as negligence committed by an attorney, it can occur in any area of the law and can take many forms such as simple negligence, gross negligence, negligence per se, breach of contract, breach of fiduciary duty, fraud, and, in Texas, violations of the Texas Deceptive Trade Practices Act.

Clients can be damaged by lawyers in many ways such as:

  • Neglect -missing a statute of limitation, failing to conduct and respond to discovery, failing to designate experts and/or proper witnesses
  • Lawyer’s conflict of interest putting the lawyer’s interests above a client’s or putting one client’s interest over another client’s interest
  • Drafting errors in documents and/or agreements

The most common types of mistakes are:

  • Failure to know the substantive law
  • Failure to get a client’s consent or to inform the client regarding material facts
  • Failure to calendar events properly
  • Not knowing or observing material deadlines
  • Insufficient discovery and/or investigation
  • Failure to properly designate experts
  • Failure to properly designate material fact witnesses
  • Failure to diligently pursue the client’s case

Legal malpractice can also occur through intentional acts such as:

  • Not following the client instructions or improperly withdrawing from the representation
  • Conflicts/greed
  • Wrongs such as libel, civil rights, fraud, theft, malicious prosecution

Is there a time frame to bring my legal malpractice claim?

The short answer is yes. In Texas, the general rule is that legal malpractice cases must be brought within two years from the time the injured party knew or should have known through reasonable diligence of the legal malpractice. Cases that fall under the two year statute of limitations are negligence, misrepresentation and violations of the Texas Deceptive Trade Practices Act. Most cases against lawyers fall under this category. Cases against lawyers for fraud, breach of fiduciary duty and breach of contract fall under a four year statute of limitations. This means that the injured party must file suit within these time periods or the case may be barred. There are, however, some equitable remedies that may extend the time for filing suit. Moreover, each state’s statute of limitations may vary.