PJC Malpractice 2024

E CONOMIC D AMAGES

PJC 84.4

Special rules for clients convicted of a crime. In the case of the defense of a criminal case, the client must get his conviction reversed before he can sue his crimi nal defense lawyer for malpractice; otherwise, there is no causation as a matter of law. Peeler v. Hughes & Luce , 909 S.W.2d 494 (Tex. 1995). Additional attorney’s fees incurred. This measure may be appropriate when a client had to hire an additional attorney to correct the negligence of the first attorney in the underlying case or when the negligence of an attorney in drafting a document caused the client to incur additional attorney’s fees. See Akin , 299 S.W.3d at 122; Estate of Arlitt v. Paterson , 995 S.W.2d 713 (Tex. App.—San Antonio 1999, pet. denied). The measure does not include any fees incurred for the prosecution of the malpractice action itself.

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