McLean Law PC Case in Texas Lawyer Magazine
Lawyers, like drivers and doctors, make mistakes. When they do, their clients’ rights and remedies can be significantly damaged (if not precluded altogether). We’ve handled a number of legal malpractice throughout the years. Mark’s quote in the article references the “case within the case” needed to prove legal malpractice claims. The “case within the case” is essentially the standard of proof in legal malpractice cases: you need to first prove that the lawyer screwed up (that is, breached the standard of care). Then, once that’s proved, you need to then prove that you would have won the initial case had the lawyer not screwed up. You effectively have to prove two cases in one.
Not many lawyers will take these cases. We do. And, we’ve been successful doing it.