Plumbers, electricians and pest control operators are just three examples of companies that must show they are adequately insured before they are granted a license to operate. Doctors carry medical malpractice insurance. As strange as it might seem Texas legal malpractice insurance is not mandatory, lawyers practicing in the state are under no obligation to carry insurance; all a Texas attorney has to do is pass the bar exam and attest to being of good moral character.
Legal malpractice insurance can have a significant effect on cases involving legal malpractice; in the event their lawyer is not covered it is very possible that should a client sue for negligence or inappropriate action they may not have any legal recourse. On the other hand if the attorney is insured and is sued for legal malpractice his or her insurer will defend against the claim and they will set aside resources to pay compensation should their client be found guilty of malpractice.
There are a number of ways that legal malpractice can be carried out. A common reason for bring suit against an attorney is negligence which results in dismissal rather than having the case dismissed on its merits. A client can sue his or her attorney if they failed to pursue the case adequately, failed to meet specific deadlines; failed to secure expert witnesses and the statute of limitations. If an attorney’s client is of the impression that they suffered undue injury as a result of negligence or other action, they have the right to sue for legal malpractice.
There is little doubt that a client will have considerable difficulty in recovering damages for an attorney that did not carry Texas legal malpractice insurance, it is far from impossible. In the event a non-insured attorney represents him or herself in a legal malpractice case and they are found guilty by the court they will have to pay the award without the assistance of insurance. The lack of legal malpractice insurance may be devastating to the attorney; it can also be injurious to the plaintiff as the case will proceed into what can be very costly litigation.
Although there are no hard statistics it is estimated than over five percent of attorneys in the US are charged with legal malpractice every year. Even if an attorney does have legal Texas legal malpractice insurance it may not cover all conditions, some insurance does not cover fraudulent actions or theft.
Regardless of whether your previous attorney carried Texas legal malpractice insurance or not, as the injured party you have the right to sue. To discuss your situation in detail you are invited to contact Kassab Law Firm.
