Some of the most common mistakes or misconduct committed by lawyers that give rise to a legal malpractice lawsuit are:
 
1. Missed Deadlines. The lawyer fails to meet a deadline. For instance, the lawyer fails to timely bring a lawsuit within the statute of limitations, the lawyer fails to timely designate experts or depose a witness, or the lawyer fails to file an expert report. 
 
2. Lack of Competence. The lawyer handles a matter for which they lack competence and fails to understand and appreciate the applicable law. For instance, the lawyer takes on a case outside their field of their expertise and takes actions (or fails to take actions) that lawyers within that field would take.
 
3. Failure to Know or Apply the Law. The lawyer provides incorrect legal advice or misinterprets key laws that are critical to the client's matter. This often occurs when the lawyer fails to conduct adequate legal research or fails to comprehend applicable laws.
 
4. Failure to Investigate / Inadequate Preparation. The lawyer fails to adequately investigate and evaluate the client’s file, claims, damages, defenses, etc. or fails to adequately prepare for court hearings, negotiations, or trial. Lawyers are notoriously busy. They frequently have large case files which they must quickly but thoroughly review and countless clients to manage. That situation may lead to the lawyer failing to fully grasp the client's matter and take certain actions on their client's behalf.
 
5. Failure to Utilize Evidence. The lawyer fails to utilize available witnesses and evidence at a hearing or at trial.
 
6. Drafting Errors. The lawyer makes a drafting error in a transactional matter (for instance, the lawyer fails to understand the effect of certain language or terms in a contract) or in a settlement agreement.
 
7. Lack of Communication. The lawyer fails to keep the client informed about their case, respond to inquiries, or seek the client's consent for major decisions.
 
8. Overbilling. The lawyer overbills the client. Often times, law firms have mandatory billing requirements, which certain lawyers may be unable to meet, causing them to inflate their hours and overbill their clients. 
 
9. Conflicts of Interest. The lawyer engages in a conflict of interest. For instance, the lawyer represents another client to your disadvantage or puts the lawyer’s own interest ahead of the client’s interest. A common example of a conflict of interest is the representation of two parties on opposite sides of a business transaction.

10. Improper Withdrawal from Representation. The lawyer abandons a client's matter without proper notice or leaves the client without legal representation at a critical time in their matter.
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If you have been the victim of any of the above (or a different issue), time is of the essence. There is a limited amount of time for which a client must file a lawsuit against their former lawyer on a legal malpractice claim. In Texas, most claims against lawyers must be brought within a two-year window of the lawyer’s mistake. The injured client has two years from the time they knew or should have known through reasonable diligence of their former lawyer’s mistake. If a legal malpractice lawsuit is not filed within that window, the claim may be barred forever. 

If you have been the victim of legal malpractice, immediately CONTACT US at The Pierce Law Firm for a free consultation. Attorney Nicholas Pierce reviews every submitted form and responds within 48 hours.