Legal Malpractice Expert
Legal Malpractice Defense and Legal Ethics Expert
Attorneys are more and more frequently coming under attack for perceived errors that led to an unsatisfactory result in their representation. Our firm has extensive experience in defending lawyers against claims in litigation and disciplinary actions.
Experienced Texas Legal Malpractice Defense Attorney
Our lawyers have defended attorneys that serve in a variety of practice areas: banking, bankruptcy, business law, criminal defense, employment, family and matrimonial matters, commercial litigation, insurance defense, mass torts, medical malpractice, personal injury malpractice probate and estate, real estate, transactional lawyers, workers compensation, dram shop claims, among others.
Our firm has successfully defended attorneys against claims of deceptive trade practices, breach of fiduciary duty, abuse of process, lack of diligence, inappropriate comments to judges, statute of limitations, conflict of interest, missed deadlines, poor communication, poor strategy or tactical decisions, inadequate research, perceived incompetence, failure to document, and sanctions, among other things.
Defends Attorneys Against Disciplinary Actions and Grievances
Mr. Campbell has defended lawyers against hundreds of grievances and disciplinary actions addressing issues of communication, diligence trust accounts and virtually all of the Texas Disciplinary Rules of Professional Conduct.
What Legal Malpractice is NOT:
- Legal malpractice is not a strategy for arguing that the underlying action could have won but didn’t.
- Legal malpractice is not a means of blaming the lawyer in the underlying action.
Published Lawyer Conduct Cases
Fracturing: In many lawsuits Plaintiffs attempt to re-label their malpractice claims as other types of claims such as breach of contract or breach of fiduciary duty. Such efforts are commonly referred to as fracturing a legal malpractice claim into something it is not. Our lawyers were among the first to obtain favorable rulings from various courts attacking the fracturing of malpractice claims. An example of which is Longoria v. Whitehurst, 2005 WL465527, at *1 (Tex. App. – Tyler 2005, pet denied) (memo op) which was recently cited with approval by the Dallas Court of Appeals. Murphy v. Gruber, 241 S.W.3d 689 (Tex. App. – Dallas, 2007).
Frivolous Claims: Our lawyers are prepared to build the record necessary to establish that a claim brought was frivolous and warranted the imposition of death penalty sanctions and the award of defense fees and cost for defending against the frivolous action. Johnson v. Chesnutt, 225 S.W.3d 737 (Tex. App. – Dallas, 2007 pet. denied).
Legal Ethics Consultation
We are regularly consulted by lawyers who are seeking advice on the application of the Texas Disciplinary Rules of Professional Conduct. If you are insured by the Markel Insurance Group we provide ethics advice through their Risk Management Hotline.
Legal Malpractice Expert Witness
Mr. Campbell is regularly consulted to testify on the standard of care for legal malpractice claims, the standard of conduct for lawyers, and the ethical obligation of lawyers. He is also regularly consulted as an expert regarding sanctionable conduct.
Legal Malpractice Defense and Legal Ethics Author
Mr. Campbell has written a substantial number of articles in the lawyer conduct field (link to articles). He also blogs on the topic of legal ethics (link to Legal Ethics Blog).