Texas PJC Malpractice 2022

N ONMEDICAL M ALPRACTICE —D EFINITIONS & I NSTRUCTIONS

PJC 60.1

dence should be replaced with the phrase a legal specialist of ordinary prudence in Estate Planning and Probate . Areas of specialization. The Supreme Court of Texas, by order, has recognized certain areas of legal specialization. To be certified as a specialist in these areas, the attorney must satisfy a number of requirements, including satisfactorily completing a course in the area and passing a written examination. The areas of specialization now certified are Administrative; Business Bankruptcy; Child Welfare; Civil Appellate; Civil Trial; Construction; Consumer and Commercial; Consumer Bankruptcy; Crimi nal; Criminal Appellate; Estate Planning and Probate; Family; Health; Immigration and Nationality; Juvenile; Labor and Employment; Legislative and Campaign; Oil, Gas, and Mineral; Personal Injury Trial; Property Owners Associations; Real Estate— Commercial; Real Estate—Residential; Real Estate—Farm and Ranch; Tax; and Workers’ Compensation. Also recognized as specialists are patent lawyers licensed to practice before the U.S. Patent and Trademark Office; this license is based on educa tional credentials in a technical field and an examination administered by the Patent Office. The concept of legal specialization may also be associated with an attorney’s holding himself out as specially qualified in a particular area. Accountants. Accountant’s standard of care. As members of a skilled professional class, accountants are subject generally to the same rules of liability for negligence in prac ticing their profession as are members of other skilled professions and are liable to their clients for professional negligence. The standard of care of auditors and public accountants is the same as that applied to lawyers, physicians, and members of other skilled professions who furnish their professional services for compensation. See Greenstein, Logan & Co. v. Burgess Marketing, Inc. , 744 S.W.2d 170, 185 (Tex. App.—Waco 1987, writ denied); Atkins v. Crosland , 406 S.W.2d 263 (Tex. App.—Fort Worth 1966), rev’d on other grounds , 417 S.W.2d 150 (Tex. 1967). Public Accountancy Act. Accountants are subject to Tex. Occ. Code ch. 901, the Public Accountancy Act, which is administered by the Texas State Board of Public Accountancy. The board is authorized to promulgate rules of professional conduct, the violation of which may form the basis for a cause of action against an accountant. See Shatterproof Glass Corp. v. James , 466 S.W.2d 873 (Tex. App.—Fort Worth 1971, writ ref’d n.r.e.). Registration statements subject to federal securities statute. An accountant partic ipating in the preparation of a registration statement is governed by the federal securi ties statute and is liable to anyone acquiring a security whose registration statement contains an untrue statement of fact or omits a required one. 15 U.S.C. § 77k(a)(4). Architects and engineers. The Texas legislature in 2021 enacted laws that affect legal responsibility and stan dards of care of architects, engineers, and contractors. Acts 2021, 87th Leg., R.S., ch.

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