Legal Malpractice Claims Lawyer in San Antonio

Name: Scheuerman Law Firm, PLLC
Telephone: (210) 236-0500
Price range: Free Consultation

Legal malpractice can result in financial loss and a sense of betrayal for those who depend on attorneys to protect their rights and interests.

Tyler and Hella with client looking at forms

Texas Legal Malpractice Claim Assistance

Lawyers have a fiduciary duty to their clients, greater than the ordinary duty of care. Texas law provides recourse for clients who have suffered harm through attorney negligence. Our business law firm in San Antonio can assist you in pursuing a legal malpractice claim.

What Constitutes Legal Malpractice?

Attorneys are bound by strict professional and ethical standards. They are required to act in the best interests of the client, provide competent representation, maintain confidentiality, and avoid any conflict of interest. Legal malpractice occurs when lawyers fail to perform their duties according to these standards. An attorney who breaches this fiduciary duty, causing harm to a client, may be held liable for legal malpractice.

How Does Legal Malpractice Occur?

Attorneys in Texas can commit malpractice in any of the following ways:

Negligence: This occurs when a lawyer fails to meet the expected standard of care in the legal profession. Examples include missing a deadline, failing to file necessary documents, or giving a client incorrect legal advice.
Failure to communicate: It is malpractice when an attorney fails to obtain informed consent from a client on critical matters or fails to keep the client informed of important developments in a case.
Misrepresentation: Providing false information to a client that leads to poor decisions and legal consequences can give rise to a legal malpractice claim, whether it is done negligently or intentionally.
Breach of fiduciary duty: It is a breach of duty when a lawyer acts in his or her own interests or fails to act in the client’s best interests. Examples include mishandling client funds or engaging in a conflict of interest.

How Can Attorneys Commit Malpractice in Business Litigation?

Legal malpractice can be particularly harmful in business litigation, when contractual rights, more significant sums of money, and company reputations may be at stake. Corporations and business owners rely on the expertise of their attorneys to protect their financial interests and navigate complex legal issues. Damages can be severe when a lawyer fails to meet professional standards. Legal malpractice in business litigation can occur in any of the following ways:

Failure to properly investigate: When an attorney fails to investigate key facts or conduct thorough discovery in a complex business dispute, it can weaken the client’s case.
Missed deadlines: Texas law imposes strict deadlines for certain legal actions, such as filing claims and responding to motions. Missing a deadline can have serious consequences, including dismissal of a case.
Inadequate advice on settlement offers: Lawyers have a duty to provide competent advice to their clients on whether to accept or reject settlement offers. When an attorney negligently advises a client to reject a reasonable settlement offer, leading to a worse outcome at trial, it can give rise to a legal malpractice claim.

What Is the Statute of Limitations for Legal Malpractice Claims in Texas?

The statute of limitations for tort actions, including legal malpractice claims, is two years, as stated in the Texas Civil Practice and Remedies Code Section 16.003. The injured party must file a lawsuit within two years of the date the malpractice occurred or when it was discovered or should have reasonably been discovered by the client. If the malpractice is not evident immediately, determining the exact date when the statute begins to run can be complicated.

If you believe you may have a legal malpractice claim, consult with an experienced lawyer as soon as possible. Our legal malpractice attorney in San Antonio is board-certified with extensive trial experience and legal expertise. At Scheuerman Law Firm, we take a proactive approach to resolving complex legal matters. Contact our firm for direct client communication and tailored legal strategies.