What is Legal Malpractice?
In Texas, an attorney malpractice action is based on negligence. Texas lawyers are held to the standard of care which would be exercised by a reasonably prudent attorney. A lawyer is negligent if he fails to act as an attorney of ordinary prudence would have acted under the same or similar circumstances. On the other hand, a lawyer who makes a reasonable decision in the handling of a case may not be held liable if the decision later proves to be imperfect. Cosgrove v. Grimes 774 S.W. 2d 662 (Tex. 1989).
In addition to acting as a reasonably prudent attorney, lawyers also owe their clients a fiduciary duty. In Texas, lawyers are held to the highest standards of ethical conduct in dealings with their clients. A lawyer must conduct his or her business with inveterate honesty and loyalty, always keeping the client's best interest in mind. A lawyer's fiduciary duty requires that he fully disclose to the client all material facts, that the lawyer refrain from self-dealing, and that he act in abundant good faith, which requires absolute candor, openness, honesty and the absence of any concealment or deception. When a lawyer breaches his fiduciary duty, he may be required to forfeit some or all of his fees, in addition to compensating the client for any damages sustained as a result of the breach of fiduciary duty.
Proving a lawyer was negligent or breached his fiduciary duty can be difficult. Attorneys generally do not acknowledge mistakes that they've made, and trying to make sense of your legal file on your own can be complicated. These cases can be challenging even for lawyers because there are many unique laws governing legal malpractice lawsuits. That's why it's important to hire an attorney who is experienced in suing lawyers and who is capable of holding lawyers accountable for their actions.
Your malpractice attorney should be a skilled negotiator and fierce litigator. Even though most legal malpractice cases settle before going to court, it is important to have an attorney on your side that is willing and ready to go to court should that be necessary. Before hiring a legal malpractice attorney, be sure to ask if he or she is experienced in handling these types of cases.
James E. Pennington is an experienced legal malpractice lawyer in Dallas, Texas. He focuses his practice on legal malpractice lawsuits and is dedicated to helping those victimized by their former attorneys get the justice they deserve. When you hire James E. Pennington to represent you, your case will not be handed off to a junior associate; instead, you will deal directly with Mr. Pennington until your case is resolved.
If your attorney has settled your claim without your approval, missed important filing deadlines, allowed your case to be dismissed, or was otherwise negligent in the handling of your case, you may be able to seek damages for malpractice. An experienced legal malpractice attorney, like James E. Pennington, can tell you if you have a legitimate claim to file against your former lawyer.
Call 214-369-3341 to speak with a Dallas, Texas legal malpractice attorney today!