Eleven Reasons Lawyers Get Sued

  1. Failure to meet deadlines (statute of limitations, pleading and discovery deadlines, service, proof of claims in bankruptcy, filing expert reports in medical malpractice cases, etc.)

  2. Confusion regarding client identity (representing multiple parties in litigation or transactions, corporate v. individual director representation)

  3. Handling matters for which the lawyer lacks competence ("first time" foray into new area of law, failure to understand/appreciate all law applicable to a given piece of litigation or transaction)

  4. Failing to adequately investigate and evaluate claims, defenses, damages and applicable law

  5. Drafting errors in a transactional setting (clients' "business deal" not reflected in the language of contract, failure to understand the effect of language or terms in a contract)

  6. Failure to utilize available witnesses and evidence

  7. Failing to preserve issues for appeal (lack of proper objections, bill of exceptions, improper or inadequate submission of jury questions)

  8. Inaccurate tax advice

  9. Failure to properly structure a settlement where appropriate (liability attaches to plaintiff's lawyers, as well as attorneys ad litem)

  10. Billing or fee issues (overbilling, "padding the bill," suing the client for uncollected fees)

  11. Breach of Fiduciary Duty usually occurs when your lawyer has a conflict of interest that harms you in some way, such as representing another client to your disadvantage, lying to you about important case information, not communicating settlement offers, or inappropriately using money belonging to you.

Brett Wagner was selected as a “Top Notch Lawyer” in legal malpractice as reported by The Texas Lawyer Go-To Guide, October 8, 2007

Texas Lawyer Go-To Guide, October 8, 2007

Super Lawyer

Brett Wagner was named as a Super Lawyer in 2008 and 2009 as published by Law & Politics

Eleven Reasons Lawyers Get Sued
...click HERE to learn why