Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: Texas

Texas | Implied Relationship | Lawyer Malpractice | Privity |Contract Breach|

Posted in Discovery Rule, Privity, Texas
Sotelo v. Stewart, 281 S.W.3d. 76 (Tex App. 2008) TX: Underlying Contract law Student contributor: David Yanoff Facts:  Defendant had represented plaintiff’s husband in a breach of contract action. The husband had signed a contract to purchase real property in 1991, to which plaintiff was not a party. When he defaulted, a judgment of $82,000… Continue Reading

Texas | Lawyer Fraud | Fiduciary Duty | Professional Negligence

Posted in Texas
Shih v. Tamisiea, 306 S.W.3d. 939 (Tex. App. 2010) TX: Contract law Student contributor: David Yanoff Facts:  Plaintiff invested in a new restaurant by purchasing shares of a company (ABF) that leased retail space for the restaurant. Plaintiff also personally guaranteed the lease payments. The restaurant developers contracted with a third party (Momentum Group) for… Continue Reading

TX: No duty to non-clients?

Posted in Texas
Span Enterprises v. Wood, 274 S.W.3d. 854 (Tex. App. 2008) TX: Securities law Student Contributor: David Yanoff Facts:  Plaintiffs were an investor (Amin) and his corporation (Span). Defendant was an attorney (Wood) who represented a different corporation (Triumph) in which plaintiffs invested. Amin met with Triumph’s CEO (Helms) regarding possible investment in the company. After… Continue Reading

TX: No sanctions for Law Firms for Frivolous Litigation (But not so individual attorneys)

Posted in Texas
Yuen v. Gerson, 342 S.W.3d. 824 (Tex. App. 2011) TX: Civil procedure Student contributor: David Yanoff Facts: Gerson represented Paul Law in a separate lawsuit. When Gerson withdrew, Law retained Yuen and his firm. Law subsequently sued Gerson for negligence, gross negligence, breach of contract, breach of fiduciary duty, and DTPA violations based in his representation… Continue Reading

TX: OOPS, EXCUSE ME WHILE I UN-RECUSE MYSELF IN A LEGAL MAL CASE

Posted in Texas
In re McKee, 248 S.W.3d 164 (2007). TX: Ministerial Duties Student Contributor: Peter J. Jannace FACTS:   Petitioner sued former attorneys for malpractice in state district court. The judge voluntarily recused himself. The presiding judge for the administrative judicial region, who would ordinarily appoint a judge to replace the first judge also voluntarily recused. The second… Continue Reading

TX: Claim must depend on outcome of case to toll during appeal

Posted in Texas
Pollard v. Hanschen, 315 S.W.3d 636 (Tex. App. 2010) TX: Family Law Student contributor: David Yanoff Facts:  Defendant represented plaintiff in a divorce action. After a fee dispute, defendant withdrew as counsel in August 2000. The case was set for trial in September 2000. Plaintiff hired a new attorney, who negotiated an accord and satisfaction… Continue Reading

TX: No sanctions for Law Firms for Frivolous Litigation

Posted in Texas
Yuen v. Gerson, 342 S.W.3d. 824 (Tex. App. 2011) TX: Civil procedure; sanctions Student contributor: David Yanoff Facts:  Gerson represented Paul Law in a separate lawsuit. When Gerson withdrew, Law retained Yuen and his firm. Law subsequently sued Gerson for negligence, gross negligence, breach of contract, breach of fiduciary duty, and DTPA violations based in… Continue Reading

TX: Malpractice Action Can’t Be Litigated in Previous Suit

Posted in Entire Controversy Doctrine, Family Law, Texas
Ayre v. JD Bucky Allshouse, PC, 942 S.W.2d 24 (Tex. App. Houston 14th Dist. 1996) TX: Underlying divorce action Student Contributor: Megan Diodato Facts:  The malpractice suit arises from a divorce action. The client hired an attorney to enforce a court order against her husband and enjoin his firm in action. The attorney instead negotiated… Continue Reading

TX: Abandon Confidentiality or Abandon Legal Malpractice Claim: You Can’t Have it All

Posted in Alternate Dispute Resolution, Texas
Alford v. Bryant, 137 S.W.3d 916 (Tex. App. 2004) TX: Underlying  mediation Student Contributor: Megan Diodato Facts:  The client hired attorney to represent her in litigation against a contractor. The suit settled at mediation where the parties entered into a settlement agreement. All claims between client and the contractor were settled with the exception of… Continue Reading

TX: No Causation in Malpractice Action = Summary Judgment

Posted in Criminal Law, Fiduciary Duty, Proximate Cause, Texas
Rodgers v. Weatherspoon, 141 SW 3d 342 (Tex. App. 2004) TX: Underlying criminal defense Student Contributor: Megan Diodato Facts:  The client was charged with aggravated assault and the attorney was appointed to represent him. The client filed motions to act on his own behalf and to dismiss attorney as his counsel. The attorney filed a… Continue Reading

TX: If Conviction Not Overturned-No Malpractice Claim

Posted in Criminal Law, Proximate Cause, Texas
Alvarez v. Casita Maria Inc., 269 F. Supp. 2d 834 (N.D. Tex. 2003) TX: Underlying conviction for illegal reentry into the U.S. Student Contributor: Megan Diodato Facts:  The clients, illegal aliens, contacted Casita Maria, Inc. to arrange for immigration counseling services. In the course of that counseling, the clients met with multiple Casita employees, who… Continue Reading

TX: Collectibility, An Essential Element of Legal Malpractice Actions

Posted in Damages, Texas
Webb v. Brad Stockford, Texas Court of Appeals, January 10, 2011.  Facts: Plaintiffs filed an action for malpractice against the Defendant attorney for allegedly mishandling their suit against a seller and his real estate agent in connection with plaintiffs’ purchase of their house.  The Defendant attorney contended, among other things, that the malpractice suit ought… Continue Reading

TX: Duty Imposed on an Attorney to a Non-Client is Limited

Posted in Privity, Real Estate, Texas
Kastner v. Jenkens & Gilchrist, P.C., 231 S.W.3d 571 Tex. App. 2007 TX: Underlying Commercial Real Estate Action Student Contributor: Megan Diodato Facts: The non-client, as owner of one of fifteen limited partnership interests in a partnership, asserted claims against counsel for the partnership based on his participation in the purchase of the partnership’s sole… Continue Reading

TX: Years of Legal Practice and Judicial Experience Does Not an Expert Make

Posted in Expert Witnesses, Litigation, Texas
Cadle Co. v. Sweet & Brousseau, PC, (US Dist. Court, ND Texal, Dallas Div. 2006) TX: Underlying litigation Student Contributor: Megan Diodato Facts:   The client brought this action against former attorney and designated a former Texas Supreme Court Justice as an expert witness concerning legal malpractice issues in this case. Former Justice issued an… Continue Reading

TX: If Conviction Not Overturned-No Malpractice Claim

Posted in Criminal Law, Texas
Alvarez v. Casita Maria Inc., 269 F. Supp. 2d 834 (N.D. Tex. 2003) TX: Underlying conviction for illegal reentry into the U.S. Student Contributor: Megan Diodato Facts:  The clients, illegal aliens, contacted Casita Maria, Inc. to arrange for immigration counseling services. In the course of that counseling, the clients met with multiple Casita employees, who… Continue Reading

TX: No Duty Owed to Potential Class Action Members

Posted in Texas
Gillespie v. Scherr, 987 S.W.2d 129 (Tex. App. 1998). TX: Underlying class action suit Student Contributor: Megan Diodato Facts:  The case arises from a class action suit that was filed by attorney’s on behalf of all chiropractors in Texas against various insurance companies who refused or delayed payment of the doctors’ bills for services to… Continue Reading

TX: Lawyer and Non-Lawyer Experts in Legal Mal Litigiation

Posted in Expert Witnesses, Litigation, Texas
Allbritton v. Gillespie, Rozen, Tanner & Watsky, P.C.180 S.W.3d 889 (Tex. App. 2005) TX:  Underlying Contract Litigation Student Contributor: Evan Kusnitz Facts: Attorneys represented Client 1 and Client 2 in a breach of contract suit against their employer. Attorneys told the two clients to calculate their own damages for presentation at the trial. Client 2… Continue Reading

TX: The Need for Expert Testimony

Posted in Expert Witnesses, Texas
Bagan v. Karl Hays, et al., Court of Appeals of Texas, Third District, August 12, 2010.  Facts:  The Defendant attorney served as Plaintiff’s divorce attorney in the underlying matrimonial action.  As part of his representation, he drafted a settlement agreement providing that a number of business entities would remain in the wife’s name until Plaintiff… Continue Reading

TX: Expert Testimony Necessary to Establish Proximate Cause

Posted in But for-Proximate Cause, Commercial, Expert Witnesses, Proximate Cause, Texas
Primis Corp. v. Milledge, Court of Appeals of Texas, Fourteenth District, Houston, May 27, 2010 Facts:  Defendants agreed to represent the plaintiffs in a certain lawsuit and plaintiffs paid the defendants a $5,000 retainer.  Plaintiffs contend the retainer was a "general retainer", while Defendants contend the retainer was specifically for the work to be performed… Continue Reading

Disengaging from Long-Standing Clients

Posted in Commercial, Disengagement, Duties: Communicate, Litigation, Texas
Rice v. Forestier,  414 S.W.2d 711 (Civ. App. 1967) TX. underlying bankruptcy proceeding Student contributor: Cheryl Neuman Facts: Plaintiff retained defendant attorney for various matters, both in business and personally. Plaintiff suffered damages as a result of a default judgment filed against him in a bankruptcy proceeding. The plaintiff was served with citations. There is… Continue Reading

TX: Malpractice Statute of Limitations Tolls While Appeals for Underlying Case Continue

Posted in Litigation, Statute of Limitations, Texas, Torts/Personal Injury
Aduddell v. Parkhill, 821 S.W.2d 158 (Tex. 1991) TX: Underlying asbestosis personal injury clam; statute of limitations Student Contributor: Jean Moss Sullivan* Facts: Plaintiff was diagnosed on April 24, 1983 with asbetosis and retained the defendant lawyers to sue asbestos manufacturers for plaintiff’s injuries. The plaintiff’s statute of limitations for the asbestos injuries expired on… Continue Reading
.