Texas PJC Malpractice 2022

N ONMEDICAL M ALPRACTICE —T HEORIES OF R ECOVERY

PJC 61.5

proof for this predicate finding is the same as in any civil malpractice case: preponder ance of the evidence. Gray , 595 S.W.3d at 639. QUESTION ______ Was Paul Payne innocent of [ describe the crime plaintiff alleges he was wrongly convicted of ]? Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question ___ [ question regarding whether Paul Payne is innocent of the crime he alleges he was wrongly convicted of ], then answer the following question. Other wise, do not answer the following question. Standard of care. The standard of care for an attorney is what a reasonable and prudent attorney would have done under similar circumstances. Rogers , 518 S.W.3d at 406. Exceptions to the limitations on joint and several liability. The limitations on joint and several liability set forth in chapter 33 of the Civil Practice and Remedies Code do not apply in certain instances. See Tex. Civ. Prac. & Rem. Code § 33.013. See also chapter 72 in this volume. Settling person, contribution defendant, or responsible third party. See PJC 61.2.

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