The Dallas Court of Appeals recently addressed the anti-fracturing rule in Parsons v. Queenan, 2017 WL 360673 (Jan. 23, 2017). The anti-fracturing rule prevents plaintiffs from converting negligence claims against an attorney (legal malpractice) into other claims such as fraud, breach of contract, breach of fiduciary duty, or DTPA violations. Id. at *3. The rule was created to … [Read more...]
Breach of Fiduciary Duty or Professional Negligence?
In Starwood Management LLC v. Swaim, the Dallas Court of Appeals recently discussed whether a claim for breach of fiduciary duty was actually a claim for professional negligence. Starwood Management LLC v. Don Swaim and Rose Walker, L.L.P., 2016 WL 865305 (March 7, 2016). In that case, Starwood alleged that its attorneys were negligent in representing Starwood and that the attorneys breached their … [Read more...]
Lawyer failed to advise client of settlement offer
Obtained a confidential settlement on behalf of a client against his former attorney in connection with the mishandling of a lawsuit against the client. The client was sued by one of his employees and his lawyer failed to properly handle the defense of the case and failed to properly advise the client regarding settlement of the lawsuit. As a result, the employee obtained a judgment against the … [Read more...]
Client not liable for promissory note
Obtained summary judgment on behalf of a client who was sued under a theory of promoter liability for entering into a business transaction before his company was formed. The other party involved in the business transaction attempted to hold my client personally liable for a promissory note because my client did not create the company named in the promissory note prior to executing the note. … [Read more...]
Trial of breach of contract case in federal court
On January 25, 2016, I tried a breach of contract case in the U.S. District Court of the Northern District of Florida. The case involved the breach of a $26 million loan participation agreement between two banks. The court granted partial summary judgment in favor of my client on liability and found the other bank breached the loan participation agreement. The case went to trial on damages and … [Read more...]
Lawyer not allowed to withdraw when client failed to pay fees and costs
In American Resource Technologies, Inc. v. Oden, Civil Action No. 3:13-CV-04419-B, 2014 WL 6884243 (N.D. Tex. Dec. 8, 2014), the court held that a lawyer cannot always withdraw from a case when a client fails to pay fees and costs owed to the lawyer. In this case, the plaintiffs’ lawyers moved to withdraw under Rule 1.15(b), which permits withdrawal if either: “the client fails substantially to … [Read more...]
Sanctions against lawyers upheld on appeal
The Sixth Court of Appeals recently affirmed a judgment for sanctions against 2 lawyers for filing a groundless claim against my client. Previously, the trial court sanctioned the 2 lawyers for filing a claim against my client in bad faith and which was groundless and filed for purposes of harassment. The trial court awarded over $30,000 in sanctions against the 2 lawyers. On appeal, the Court of … [Read more...]
How to Sue a Texas Lawyer For Malpractice
Before you pursue a legal malpractice case against your lawyer, one of the first things you should do is obtain your file. The file belongs to the client, not the lawyer, so you are entitled to it upon request. Make sure you get the original file — not a copy. If the lawyer wants a copy, he can make a copy at his own expense. Once you have your file, it should be reviewed thoroughly for … [Read more...]
Ethical Issues Involving Attorney-Client Contracts
Over the course of my career, I have represented numerous plaintiffs in legal malpractice claims against lawyers. Consequently, I have reviewed many attorney-client contracts. Several potential problem areas that I have observed in attorney-client contracts are: 1) termination provisions, 2) non-refundable retainer provisions, 3) consent to settle provisions; and 4) arbitration provisions. … [Read more...]
The duty to inform a client that another lawyer was negligent
Can a lawyer be liable for failing to inform a client that another lawyer was negligent in representing the client? Yes. As a fiduciary, an attorney is obligated to render a full and fair disclosure of facts material to the client’s representation. Willis v. Maverick 760 S.W. 2d 642, 645 (Tex. 1988). Whether a previous lawyer was negligent may be material to the client’s representation for many … [Read more...]
