Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Monday, June 20, 2011

Legal Malpractice - Elements of claim by client against attorney

When is lously lawyering actionable? Elements of legal malpractice in Texas: To recover on a claim of legal malpractice a plaintiff must prove: (1) the attorney owed the plaintiff a duty; (2) the attorney breached that duty; (3) the breach proximately caused the plaintiff’s injuries; and (4) damages occurred. Alexander v. Turtur & Associates, Inc., 146 S.W.3d 113, 117 (Tex. 2004); Peeler v. Hughes & Luce, 909 S.W.2d 494, 496 (Tex. 1995). Privity, which refers to the contractual connection or relationship existing between attorney and client, is directly related to the existence of duty and is necessary for a plaintiff to have standing to bring a legal malpractice claim. Thompson v. Vinson & Elkins, 859 S.W.2d 617, 621 (Tex.App.--Houston [1st Dist.] 1993, writ denied). SOURCE: El Paso Court of Appeals - 08-10-00168-CV - 615/11 RELATED LEGAL TERMS: attorney malpractice, legal malpractice, grievance, professsional competence, incompetence, inadequate or incompetent legal representation, former client's suits against lawyer