Legal Question in Legal Malpractice in Texas

Statute of Limitations

My attorney, after over 2 years of moving my case in and out of state and federal courts, has informed me that I have lost my case (it was dismissed) because we failed to file within time limits. My attorney says he "had no way of knowing" and "couldn't possibly have known" that the statute of limitations for my case was different than a standard tort case, although it had been raised by the defendants twice before and was discussed with him on several occassions over the past 2 years. He insisted that all was well and fine and that I would not lose my case based on the statute of limitations. (My case was a cut and dried "wrongful termination" case and I was a Union employee in the state of Texas). My attorney, I have recently found out, is under chapter 13 bankruptcy and also has no legal malpractice insurance. Do I have a legal malpractice case and did my attorney, upon accepting my large retainer, have any duty to inform me that he had no insurance? Thank You.


Asked on 12/02/99, 12:55 pm

1 Answer from Attorneys
Jeremy Nerenberg The Law Offices of Jeremy Nerenberg, Attorney & Counselor

Re: Statute of Limitations

You certainly have a malpractice and/or negligence case against your attorney. Attorney's do not have any duty to tell their clients about their lack of malpractice insurance. Unfortunately, since your attorney is bankrupt and has no insurance, you probably won't see a dime, even if you do prevail.

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Answered on 1/21/00, 1:06 pm


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