Austin Legal Malpractice Attorneys
TEXAS LAWYERS SERVING VICTIMS OF LEGAL MALPRACTICE AND BARRATRY IN AUSTIN AND SURROUNDING COMMUNITIES
If you have been injured in an accident, unethical lawyers, service providers, and healthcare providers may seek to take advantage of you and your situation. Whether it is the result of negligence or intentional wrongdoing, legal malpractice can have long-lasting consequences on your case and can diminish or even destroy your opportunity to make a full financial recovery.
WHAT ARE THE MOST COMMON TYPES OF LEGAL MALPRACTICE IN AUSTIN?
In Austin, when you hire an attorney to represent you, that attorney is obligated by law to render competent professional service. When an attorney is incompetent or acts in an illegal or unethical manner, and you suffer financial damages as a result, that attorney can be held liable for the resulting damages.
Unfortunately, this does not prevent some Austin attorneys from taking advantage of their clients. These attorneys know that the majority of injured people are unfamiliar with the law, and they use that as an opportunity to put their own interest before the needs of their client. Do not be a victim! If you suspect your attorney committed any of the following, contact Thomas J. Henry to speak with an experienced Austin malpractice attorney:
- Illegal Case Solicitation/Barratry: If you were approached or persuaded to hire a particular attorney or healthcare provider following an accident, you may have been the victim of illegal solicitation or barratry. The solicitation could have occurred in person, over the phone, by electronic correspondence, or by mail.
- Attorney Negligence: If you attorney did not treat your case as well as an average attorney should, then your attorney may have been negligent in handling your case. This may include outrageous mistakes by the attorney, such as missing court dates and deadlines, failing to submit documents to the court, or being otherwise irresponsible in your representation.
- Breach of Fiduciary Duty: If an attorney places their best interest ahead of yours and your case was adversely affected, your attorney may have committed malpractice by breaching his or her fiduciary duty. Remember, when it comes to legal representation, your interests always come before your attorney’s financial gain.
- Breach of Contract: When you hire an attorney, you are entered into a legally binding contract with them. If your attorney fails to meet his or her contractual obligations, you can pursue a legal malpractice lawsuit and seek damages.
- Settling Without Your Permission: Your attorney cannot settle your case without your permission. If you were not consulted before your attorney agreed to a settlement on your behalf, you may have a legal malpractice case.
IS ILLEGAL CASE SOLICITATION COMMON IN AUSTIN?
Illegal case solicitation, also called barratry, is one of the most common types of legal malpractice and is a growing problem in Austin and Texas as a whole. Unethical attorneys often target victims of car accidents, workplace accidents, and premises liability accidents by offering illegal payments to Austin businesses and professionals (often called “case runners”) for client referrals. The payments for these referrals come right out of the victim’s verdict or settlement under the guise “litigation expenses.” That is money that should have gone in the victim’s pocket!
In 2011, Texas Legislature attempted to combat this problem by amending section 82.065 of the Texas Government Code. The new provision allows any contract for legal services to be voided by a client if the contract was procured through illegal case solicitation or barratry. Still, barratry persists.
Among the occupations most often used in illegal case solicitation are:
- Tow-truck drivers
- Body shop employees
- Funeral home personnel
- News reporters
- Hospital employees
- Insurance agents
- Law firm “investigators”
WHAT SHOULD I DO IF I’VE BEEN THE VICTIM OF BARRATRY?
If you believe you have been the victim of barratry, it is essential that you contact an experienced personal injury attorney. Even if you did not sign a contract, you may still be entitled to compensation and may file a civil action against any person you attempted to solicit your case illegally.
Among the damages recoverable by barratry victims are:
- All fees and expenses paid under a contact
- Actual damages caused by the prohibited conduct
- Reasonable and necessary attorney’s fees
CONTACT AN EXPERIENCED AUSTIN LEGAL MALPRACTICE ATTORNEY
If a legal professional or service provider solicited you to represent you legally following an accident or failed to provide you with competent legal representation, contact Thomas J. Henry immediately. Thomas J. Henry has been fighting barratry and legal malpractice in South Texas for more 25 years. Our attorneys are available 24/7. If you cannot come to our office, we will send an attorney directly to you.
- Phone Number: (512) 347-1200 (attorneys available 24/7, nights and weekends)
- Address: 901 S MoPac Expy #300, Austin, TX 78746 (walk-in Monday through Friday)
I am very happy about with the services provided and would happily recommend the firm to anyone else.
– Angelica V., 7/22/2018