Legal Malpractice
Legal Malpractice occurs when an attorney is negligent, and that negligence results in damage or injury to the client. Attorneys may also willfully abuse their position of trust with a client, often to the attorney’s economic interest and the client’s detriment.
Lawyers are human and make mistakes. How attorneys address their mistakes — if the lawyers are candid, timely disclose their errors and directs the client to secure independent legal advice — this is what separates ethical attorneys from the bad apples.
Some lawyers are greedy and deceptive. While lawyers are held to a very high ethical standard, they may willfully and deceptively breach their duties to their clients.
missing an important deadline, such as filing a lawsuit late or not at all
stealing a client’s settlement funds
committing fraud and making misrepresentations to a client
being dishonest with a client
charging improper and unconscionable fees
breaching an attorney’s fiduciary duty to a client
Examples of legal malpractice include:
The law firm of C. Kyle Pugh, P.C. prosecutes legal malpractice claims against lawyers and their law firms. We have successfully litigated legal malpractice claims against attorneys throughout the State of Texas, bringing to light their negligence and willful violations.
We have also worked closely with the State Bar of Texas Chief Disciplinary Counsel’s Office, prosecuting bad attorneys for ethical violations while securing compensation for our clients. Our work has led to the disbarment, resignation, and suspension of unethical attorneys.
Examples of Our Work
A personal injury attorney in North Texas forged our client’s and her husband’s signature on a settlement check, kept the money, did not disclose the settlement to the client and did not pay the medical providers who treated her for personal injuries. The attorney repeatedly told the client to be patient and that he was still working on the case. The client hired the law firm of C. Kyle Pugh, P.C. who quickly investigated the case, confirmed the fraud, filed suit against the attorney and his law firm, filed a grievance with the State Bar of Texas and opened a criminal investigation with state law enforcement. After securing a judgment and having a receiver appointed, a settlement was obtained, the client was fully paid, the attorney resigned his law license while the criminal prosecution against the attorney proceeded.
A bankruptcy attorney in San Antonio missed a deadline, which resulted in our client losing his home and all of his equity in the home. Our client hired a second attorney to file suit against the first attorney. The second attorney missed the deadline to file a lawsuit. We promptly prosecuted the second attorney for breaching the statute of limitations while proving up the damages caused by the first attorney. Our work led to a confidential settlement that allowed our client to purchase a new home.
A tax attorney in Dallas provided tax shelters to affluent clients across the country. He charged significant fees, both for the initial tax shelter but also to “administer” the shelters. The IRS issued a ruling disallowing the tax shelters designed by the tax attorney, which resulted in his many clients having to pay the withheld taxes with significant penalties and interest. The law firm of C. Kyle Pugh, P.C. filed a lawsuit against the tax attorney and his law firm. After extensive discovery and deposing the attorney, his scheme became clear. A significant recovery was obtained for our client. We subsequently represented five additional clients against the tax attorney, recovering meaningful settlements for all of them. The IRS and FBI subsequently raided the tax attorney’s office and opened a criminal investigation into his fraudulent tax shelters.
No Guarantee of Results
These descriptions are intended only to provide information about the activities and experience of our attorneys and are not intended to be a guarantee or assurance of future success in any matter. Each matter described was dependent upon unique facts and circumstances, which are not fully detailed on this website, and should not be relied on to predict the results of any current or future matter.