Legal Malpractice

““Victory is a term to describe who is left standing in the ruins.

President Lyndon Johnson

Texas has over 88,000 licensed attorneys. Most are competent, honest, and ethical. Unfortunately, some are not. And lawyers are human, which means that they can make mistakes. Sometimes those mistakes injure clients or other persons. When a lawyer violates a duty owed to a client or another person and thereby injures that person, the attorney should be held responsible, just like any other professional. At Herring & Panzer, we have dealt with the full array of lawyer lawsuits on both sides of the docket.

In Texas, a legal malpractice claim must include four elements:

  • The attorney had a duty to the client. This usually stems from the attorney/client relationship.
  • There was a breach of that duty, either through a breach of contract or acts that are not in the best interest of the client.
  • The break of duty caused the client harm.
  • Damages were incurred by the client because of the injury. Damages can take two forms: civil trial damages are usually monetary, and criminal trial damages resulting in pro-longed incarceration or wrongful conviction.

Herring & Panzer have a prestigious record of handling attorney/client disputes, grievance claims, legal ethics and consultation, Texas legal malpractice, and breach of fiduciary duty matters.

In Willis v. Maverick, the Texas Supreme Court stated that “[a] cause of action for legal malpractice is in the nature of a tort.” But civil liability claims against lawyers can include far more than traditional “professional negligence” claims. Among the many types of claims that we have handled as part of a legal malpractice matter are:

  • Fraud
  • Breach of fiduciary duty
  • Negligent misrepresentation
  • Violation of the Deceptive Trade Practices Act
  • Breach of contract
  • Violation of the fair debt collection practices statutes
  • Defamation
  • Conversion
  • Interference with contractual relations
  • Abuse of process
  • Malicious prosecution

Herring & Panzer has dealt with lawyer liability cases involving all of those types of claims—and many others. We believe that our decades of experience handling legal malpractice claims, on both sides of the docket, provide us with valuable skills and background which allow us to resolve cases in a practical, cost-efficient, and productive manner.