Suing a Texas family Law Attorney for Malpractice?
Ole Jube asked:
I want to sue a Texas Family Law attorney for malpractice. I know I have a case because his impotence forced me to learn TRCP and Family Law as I was running out of money and proceeded as Pro Se.
The statute of limitations reads, “…known or should have known…”, or four years, regarding the Fiduciary Duty of an attorney. The last time he represented me was three years ago- it has taken me this long to learn what he should have done.
I estimate the damages to be around $100,000 or so and I am having no luck in finding an atorney to take the case. For any interested, I have a simple one page list of actions/inactions (ex. Temporary Orders not even written, let alone signed, until six months after the Temporary Orders Hearing)- and a variety of other things all discovered by my having to learn Texas Rules of Civil Proceedure.
Please advise, I’m not litigious; I only want what is fair as this attorney injured me severely.
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I want to sue a Texas Family Law attorney for malpractice. I know I have a case because his impotence forced me to learn TRCP and Family Law as I was running out of money and proceeded as Pro Se.
The statute of limitations reads, “…known or should have known…”, or four years, regarding the Fiduciary Duty of an attorney. The last time he represented me was three years ago- it has taken me this long to learn what he should have done.
I estimate the damages to be around $100,000 or so and I am having no luck in finding an atorney to take the case. For any interested, I have a simple one page list of actions/inactions (ex. Temporary Orders not even written, let alone signed, until six months after the Temporary Orders Hearing)- and a variety of other things all discovered by my having to learn Texas Rules of Civil Proceedure.
Please advise, I’m not litigious; I only want what is fair as this attorney injured me severely.
January 16th, 2009 at 4:36 am
There is a reason no attorney will take your case! Do you really think you can prevail in court? The judge is also an attorney.
January 16th, 2009 at 3:07 pm
The problem is that it is a club where they won’t cross each other. It happens but almost impossible. You can try complaining to the Texas Bar Association. Remember Judges are also lawyers, so it will be tough when you sue.
If you sue as Pro Se, the odds are against you even in a regular civil suit but against an attorney, they will be higher.
I know the frustration of dealing in family court. As a man, your odds are against you. I am sorry that I am not sounding positive, just trying to help you understand where the issues are. You might trying to get your family situation fixed first by filing for modification of whatever you was done. That will be more productive and easier to do.
Lawyers are trained to manipulate and collect fees. Lawyers here will argue and post stuff for me saying that but we all know it is true. I had a lawyer lie in front of the judge. I showed the judge the proof and he told me to stop and move on. There is no justice in family court system. It is made of people wanting to make money at your expense. It is a shame that people don’t realize that and act to save themselves from these vultures.
January 17th, 2009 at 3:45 am
You need to report this to the state bar, they will asess damages if a lawyers malpractice injures a client. They do take these complaints very seriously.
January 18th, 2009 at 1:16 pm
“daisymonster” is wrong when she states that the state bar “will asess damages if a lawyers malpractice injures a client.” State bar grievance procedures do NOT lead to an award of damages. You can get more information about Texas grievance procedures at:
As for your malpractice lawsuit, there are lawyers who concentrate in legal malpractice. You should look for a lawyer who practices this type of law. Many lawyers will not take a legal malpractice case simply because it is outside of their practice area. Check with your local bar association. Throughout the country, many local bar associations run attorney referral services.