If you had an attorney who breached the standard of care by not acting with the diligence required under the standard of care or lacked the minimum degree of skill, prudence and knowledge to properly handle your case, then you may have a Legal Malpractice Claim.
In Texas it is necessary for a plaintiff to establish that the attorney's act or omission proximately caused the plaintiff's injury. The attorney's act or omission was a substantial factor in bringing about an injury that otherwise would not have occurred.
The plaintiff must prove that the attorney's negligence was the cause-in-fact of the plaintiff's injury. The plaintiff must establish that it would have prevailed, but for the attorney's negligence, this is known as the case-within-a-case doctrine. If you had no chance or prevailing in the underlying case your attorney could not have committed malpractice.
In a criminal matter, generally, the plaintiff must first have been exonerated of the conviction by direct appeal, postconviction relief, or some other means to have a viable malpractice claim.
An attorney also owes his client a Fiduciary Duty to act in his client's best interest even above the attorney's own interest. This also includes the duty of confidentiality.
Sometimes attorneys make mistakes that cost their clients their fortunes and their livelihoods.
If you've been the victim of an attorney's malpractice call us today for a free case evaluation.
Call us today for a free consult and evaluation of your case.