How to Tell if You Have a Texas Legal Malpractice Case

Not every bad result is malpractice. But in Texas, when an attorney’s mistake falls below the professional standard of care and costs you money, you may have a claim. This guide explains the key warning signs, who typically qualifies, what to do next, and how a Texas legal malpractice lawyer builds a winning case-within-a-case.

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Why Texans File Legal Malpractice Claims

Most claims we see start with one of these problems:

  • Missed deadlines (limitations or court orders): Your case is dismissed or rights are lost because your lawyer filed late or not at all.
  • Conflict of interest / divided loyalty: Your lawyer represents adverse parties or hides business ties.
  • Mishandled money: Settlement, escrow, or trust funds are delayed, short, or missing.
  • Failure to investigate or prepare: Key evidence, experts, or discovery were ignored, leading to dismissal or a low settlement.
  • Bad advice that no reasonable lawyer would give: You were pushed into a settlement or strategy that ignored clear Texas law or facts.

Remember: A disappointing outcome alone isn’t malpractice. The question is whether negligence (or a fiduciary breach) caused your financial loss.

Not every bad result is malpractice. But when an attorney’s negligence in Texas causes financial harm, you may have a valid claim. Learn more on our Texas Legal Malpractice Lawyers page.

Stressed client at desk with hands on face, illustrating warning signs of a Texas legal malpractice case

Key Signs You May Have a Legal Malpractice Case

Use these red flags as a quick self-check:

  • Missed deadlines (limitations or court orders): Your case is dismissed or rights are lost because your lawyer filed late or not at all.
  • Conflict of interest / divided loyalty: Your lawyer represents adverse parties or hides business ties.
  • Mishandled money: Settlement, escrow, or trust funds are delayed, short, or missing.
  • Failure to investigate or prepare: Key evidence, experts, or discovery were ignored, leading to dismissal or a low settlement.
  • Bad advice that no reasonable lawyer would give: You were pushed into a settlement or strategy that ignored clear Texas law or facts.

If you notice two or more of these red flags, visit our Texas legal malpractice attorneys page to understand your options.

How Common Are Legal Malpractice Claims?

According to the American Bar Association’s Standing Committee on Lawyers’ Professional Liability, the most frequent malpractice claims involve missed deadlines, failure to investigate, and improper case strategy. In Texas, courts consistently stress that a malpractice case requires proof of both negligence and financial loss.

The top practice areas for malpractice claims include personal injury, real estate, family law, and estate/probate – with plaintiff personal injury work alone making up over 16% of claims. ABA Profile of Legal Malpractice Claims

Who Typically Qualifies for a Malpractice Claim in Texas?

To win a Texas legal-malpractice claim, we usually must prove three things. Lawyers call this the “case within a case.”

See If You Qualify

Valid Underlying Case

You had a claim or defense you likely would have won or settled for more but for your lawyer’s mistakes.

Lawyer Negligence or Breach of Duty

Your attorney missed deadlines, gave advice below the professional standard, had a conflict of interest, or otherwise violated duties owed to you.

Financial Harm

You suffered measurable loss-lost case value or settlement leverage, extra fees/costs, or other out-of-pocket damages.

Legal malpractice is often called a “case within a case.” To win, you must prove that your lawyer’s mistakes directly caused you financial harm in a case you otherwise could have won.

Steps to Take If You Think You Have a Case

If you suspect malpractice, do these now:

  • Gather your records. Engagement agreement, emails, filings, billing statements, settlement papers.
  • Write the timeline. Dates of deadlines, hearings, payments, and the error.
  • Seek a second opinion quickly. Another lawyer can spot malpractice and preserve evidence.
  • Act fast. Most Texas claims have a 2-year limitations period. In some situations, the clock may pause until the underlying case ends, but don’t rely on it – call now.

Even if your symptoms appeared months after starting treatment, you may still have a valid claim.

Potential Compensation in a Texas Legal Malpractice Lawsuit

Depending on your case, you may recover:

  • Lost case value (what a competent lawyer likely would have obtained or preserved)
  • Fees you paid that were wasted because of the malpractice
  • Extra costs you incurred trying to fix the error
  • Pre- and post-judgment interest
  • In rare cases, punitive damages for extreme misconduct

Acting quickly is critical. Our Texas legal malpractice lawyers can evaluate your case and help protect your rights.

How an Attorney Can Strengthen Your Case

A skilled Texas legal malpractice lawyer will:

  • Reconstruct the underlying case and show it was winnable.
  • Prove duty + breach using rules, norms, and expert testimony.
  • Quantify causation and damages (what you lost, precisely).
  • Preserve evidence and meet all deadlines (limitations & notice).
  • Negotiate or try the case to recover what should have been recovered.

How an Attorney Can Strengthen Your Case

A skilled attorney can:

  • Investigate medical and pharmaceutical records.
  • Partner with medical experts to prove drug-related harm.
  • Negotiate aggressively for maximum settlement value.
  • Represent you in court if necessary.

Time Is Limited – Don’t Wait to File

In Texas, most legal malpractice claims must be filed within two years of when the negligence occurred or was discovered. Courts strictly enforce these deadlines. Waiting too long can permanently bar your claim – even if your case is strong.

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