The Texas Lawyer’s Creed
A Mandate for Professionalism
Promulgated by The Supreme Court of Texas and the Court of Criminal Appeals November 7, 1989
I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this creed for no other reason than it is right.
There are over 83,000 lawyers in Texas. That’s 1 lawyer for every 291 residents.
When you retain an attorney, you are entitled to aggressive, zealous, and Competent representation. An attorney should be a dedicated advocate, with a thorough knowledge of the law. If your attorney fails to provide the quality of representation required under the law, and if you are harmed by that failure, you may be entitled to monetary damages. Such damages are obtained in a lawsuit brought against the attorney for Legal Malpractice.
Legal Malpractice can occur in many ways, including:
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- Failure to meet a statute of limitations or other (pleading) deadline.
- Failure to perform (a proper) adequate investigation (or conduct full) discovery (or due diligence).
- Failure to know the law.
- Being influenced by a conflict of interest, or committing other ethics violations.
- Concealing fees or expenses.
- Making agreements (which affect the client’s rights) without the client’s knowledge or consent.
- Forcing a lesser settlement (simply) in order to receive fees.
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Of course, simply because you lost your case does not necessarily mean your lawyer committed legal malpractice. In order to prevail in a legal malpractice action the following must be proven:
- The existence of an attorney-client relationship; remember, simply asking questions of an attorney, or even have a consultation with the attorney does not necessarily establish this relationship;
- You would have achieved a more favorable result in your matter but for the attorney’s negligence or lack of competence; this is often the most difficult element to prove, as well as the most expensive, because it may require in many cases that the client actually has to litigate, or re-litigate the same matter to show how a competent attorney would have achieved a better result.
- The attorney’s performance fell below the proper standard of care; and
- Actual monetary damages that were directly caused by the mishandling of the case.
If you have lost money as a result of legal malpractice and want to sue your lawyer, call 281-667-9414 or email the legal malpractice attorneys at Law Offices of Steven A. Hershkowitz; skilled and proven attorneys who are not afraid to take on the big firms or handle the complex cases.
Failure to Meet a Statute of Limitations and Other Deadlines
Lawyers are confronted with many types of deadlines when representing a client, and when the attorney misses deadlines there often are negative and harmful consequences for the client.
Such Deadlines Include
Statutes of Limitation
A Statute of Limitation sets the deadline for filing a cause of action or lawsuit in court. When that deadline is missed, the lawsuit may be forever barred, which means that the client will have forfeited his or her rights to sure for damages. Statutes of Limitation vary depending on the type of action being contemplated, and the venue for the lawsuit, i.e. the jurisdiction where the action must be filed. For example, tort claims (for negligence), which are subject to a two year statue of limitation in Texas include:
- Claims for personal injury
- automobile accidents
- slip and fall cases
- claims for legal malpractice
Other Important Deadlines:
- Notices of Appeal
- Motions for a new trial or for rehearing
- Govenrment appplications, such as patent or immigration-related applications
hese are often time-sensitive, and the attorney’s failure to meet such deadlines also can have terrible and adverse consequences for the client.
The Texas legal malpractice lawyers at Law Offices of Steven A. Hershkowitz represent people who have suffered money damages as a result of missed Statute of Limitations and other deadlines. If you believe that your attorney has failed to take action on your behalf within the time required by law, we can analyze your case and determine whether you have a viable action for legal malpractice.
Call 281-667-9414 or email the experienced Legal Malpractice attorneys at Law Offices of Steven A. Hershkowitz for a free consultation.
Negligence
Even if your attorney has not missed any deadlines, if your attorney has failed to uphold and adhere to the most basic standards of practice and competence while representing you, you may be able to sue the attorney for negligence, which is the general grounds for a legal malpractice action.
Aside from missing deadlines, an attorney’s negligence may be demonstrated when an attorney fails to properly prepare for trial, fails to follow court orders, or fails to properly investigate a client’s claims or defenses. The Texas legal malpractice lawyers at Law Offices of Steven A. Hershkowitz represent people who have suffered money damages as a result of their attorneys’ negligence. If you believe that your attorney has been negligent while pursuing your case, we can analyze your case and determine whether you have a viable action for legal malpractice.
Call 281-667-9414or email the experienced Legal Malpractice attorneys at Law Offices of Steven A. Hershkowitz for a free consultation.
Ethics Violations
Because lawyers are considered officers of the court, they have a duty to maintain the integrity of the legal system. In Texas, attorneys are governed by the Texas Disciplinary Rules of Professional Conduct, which defines proper attorney conduct. The Rules cover a variety of areas, such as competence, diligence, communication, fees, conflicts of interest, and other aspects of the practice of law.
Call 281-667-9414 or email the experienced Legal Malpractice attorneys at Law Offices of Steven A. Hershkowitz for a free consultation.
By far, the most common complaint against lawyers relates to fees. Such complaints run the gamut from overcharging to commingling to trust account violations. Other types of violations, include conflicts of interest and the covering up of mistakes. If you believe that your lawyer has violated his or her ethical obligation you can file an ethics complaint. However, an ethics complaint ruling will not result in a money award as the State Bar can only reprimand, suspend or disbar an attorney. So, if you have suffered a monetary loss due to an ethics violation, a separate civil suit must be filed for you to recover for your money.
While violation of the ethics rules per se may not be grounds for a legal malpractice action, very often such a violation will establish that the attorney has not represented the client in accordance with the proper standards of practice, and that may be grounds for a legal malpractice action.
The Texas legal malpractice lawyers at Law Offices of Steven A. Hershkowitz will be able to analyze your case and to advise you as to whether an ethics violation by your attorney also may constitute grounds for a suit against that attorney for legal malpractice.
Call 281-667-9414 or email the experienced Legal Malpractice attorneys at Law Offices of Steven A. Hershkowitz for a free consultation.