Harris County Court Upholds Defense Verdict in Legal Malpractice, Awards $1,340
One driver alleged that their lawsuit was dismissed due to a missed deadline for filing claims. The driver sued their attorneys for legal malpractice, seeking damages for lost income and fees. The attorneys denied the allegations and counterclaimed for unpaid fees. The court ruled in favor of the attorneys on both the malpractice claims and the fee dispute.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Defense
- Amount
- Undisclosed
- County
- Harris County, TX
- Resolved
- 2022
Injury & Accident Details
- Injury Type
- Other
- Accident Type
- Other
- Case Type
- Motor Vehicle Negligence
Case Overview
A plaintiff filed a legal malpractice lawsuit in Harris County, alleging her former attorneys failed to timely file her personal injury claim from a December 20, 2012, collision. She contended her petition was filed after the two-year statute of limitations expired, resulting in the dismissal of her underlying case through a summary judgment based on untimeliness. The plaintiff sought damages for lost income and a retainer refund, asserting claims of breach of contract and negligence.
The defendant attorneys denied the allegations, asserting they timely filed the lawsuit on December 22, 2014. They argued the plaintiff failed to pay her full retainer as agreed, consented to their withdrawal due to non-payment, and did not respond to the summary judgment motion in her underlying case. The attorneys also counterclaimed for breach of contract, seeking the unpaid $700 portion of their retainer.
After a bench trial, the court ruled in favor of the defendant attorneys on all of the plaintiff's claims and granted their counterclaim. The court found the plaintiff failed to prove negligence or breach of contract and that she had breached their retainer agreement. The Court of Appeals affirmed this judgment on October 28, 2021, concluding the attorneys timely filed the petition, the plaintiff's failure to respond to the summary judgment motion caused her own injury, and she breached the contract. The appellate court awarded the defendant attorneys $700 for breach of contract, $640 in attorney's fees, and appellate costs.
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