Tip of the Month

Tip for October 2016

Lawyers should not admit to malpractice liability even if an error was made

Sometimes lawyers are too quick to admit that they have committed malpractice. Sometimes, even if an error has been made, however, the error does not constitute malpractice. In a recent Texas case, an error made by the court before which the underlying case was pending was held to be the superseding cause of former clients' claimed damages, and the attorney's alleged error was not. Stanfield v. Neubaum, 2016 WL 3536865 (Tex. June 24, 2016) There are other reasons why an error by a lawyer would not constitute malpractice. As a result, lawyers should not make admissions of malpractice or other liability to a client or former client, even if the lawyer believes that he or she committed an error.