Information Center

In the last two weeks, Texas appellate courts have decided two legal malpractice cases on behalf of the attorneys because the client couldn't prove that he would have prevailed in the underlying case. Last Friday, in Hackett v. Littlepage & Booth, 2009 Tex. App. Lexis 1166 (Tex. App. - Austin, Feb....

I often have the misfortune of having to explain to prospective clients that even though their previous attorneys had acted in a way that is almost unthinkable, I can't help them because they weren't hurt enough.  I have to explain that legal malpractice cases are expensive and that the damages have to...

Part of my standard spiel to lawyers on "how to avoid malpractice claims" is for the lawyer to take steps to avoid becoming the unintended lawyer.  Any time there are multiple potential parties who think they may rely on the attorney's advice, the attorney needs to clarify in writing who the attorney does and does not represent....

A trial last week was a great example of a common malpractice scenario: simple neglect of the file. A jury rendered a $338,000.00 verdict against a lawyer that simply refused to prosecute a worker's compensation claim. According to an article discussing the case, the lawyer was hired, but the case...

The US Eighth Circuit Court of Appeals decided a case yesterday that demonstrates that ethics violations aren't enough in legal malpractice claims.  Greatly simplifying the case, the law firm, Dorsey & Whitney, prepared a package of loans for an investment bank.  The investment bank sold the package to 32 independent...

We had earlier reported that defense contractor, Blackwater, filed a legal malpractice case against its law firm for failing to properly remove the case to federal court, where Blackwater thought the wrongful death claims brought against it would be dismissed. Today, the Blog of Legal Times, reports that the legal...

A few weeks ago, I posted portions of a speech I gave that discussed  "8 Ways to Avoid Legal Malpractice Claims."  Number 5 on that list was: 5. Say "I'm Sorry."  If you make a mistake, you have an obligation to tell your client, and in the process, let them know...

Earlier this month, the Texas Supreme Court heard arguments in a legal malpractice case that could have far-reaching implications on damage claims. The case stems from Akin, Gump's representation of National Development & Research Corp. in underlying litigation.  NDR hired Akin, Gump to represent it in a lawsuit against some...

On November 19, I gave a speech to a joint meeting of the Austin Bar Association's Solo and Small Firm and Women's Lawyer Sections. Part of that speech was 8 ways to avoid legal malpractice claims, and I've been asked by one of the attorneys in attendance to post those...

The Poppe Law Firm (who I thought were Louisville personal injury attorneys) have another great legal malpractice post.  This time, the post describes an Augusta criminal law firm that has been sued for legal malpractice 23 times. I won't detail the post, but it's worth a read.On a similar topic,...