Lawyer & Law Firm Litigation

Experience

  • Legal Malpractice Defense

    Obtained summary judgment for a full-service law firm and an individual lawyer in a case involving alleged estate planning malpractice. Against a complicated fact pattern, the court determined that 

  • Legal Malpractice Defense

    Represented a full-service law firm and individual lawyers in connection with pre-suit negotiations in connection with alleged estate planning malpractice related to the settlement of a substantial estate

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Overview

Munsch Hardt has earned a strong reputation within the Texas legal community as being the “Lawyers’ Lawyers”. Within our Firm is a dedicated team of attorneys with significant experience in representing lawyers and law firms.

One area of this group’s expertise is legal malpractice defense. With extensive experience in the courts, we aggressively litigate issues relating to lawyers and law firms when those matters involve litigation. Unlike many firms that represent lawyers in these types of cases, Munsch Hardt does not have continuing relationships with insurers who issue errors and omissions coverage. On the contrary, most of the lawyers and law firms we represent in legal malpractice cases choose Munsch Hardt as their counsel because of the Firm’s expertise in this area, and obtain their carriers’ consent to the engagement of Munsch Hardt. This allows the clients to have counsel with whom they are familiar and have themselves chosen.

Another significant aspect of our representation of lawyers and law firms practice is in the area of business divorce. In today’s environment of increased lawyer mobility and evolving challenges in the business of law, it is not unusual for law firms to encounter disputes among principals, withdrawals and expulsion of principals, and firm failures and winding ups, as well as other issues that arise within associations of lawyers. Our team is well-versed at navigating these sensitive matters, and this allows us to efficiently and cost-effectively reach a desired outcome for all parties. This allows our clients to get back to what they do best – practicing law.

Munsch Hardt works to promptly resolve these types of potentially costly and professionally damaging matters in an informal, and when possible confidential, manner.

Because we too are lawyers, we understand the Rules of Professional Conduct that govern our profession and the fiduciary and professional obligations lawyers owe their clients, their firms and their co-principals. Issues we commonly address in the representation of lawyers and law firms include the following:

  • Disputes among principals
  • General advice and counsel
  • Professional liability insurance coverage
  • Legal malpractice defense and consultation
  • Professional ethics under TDRPC
  • Professional misconduct with potential grievance implications
  • Construction and application of existing operating agreements
  • Expert testimony regarding the standard of care for lawyers and reasonable attorneys’ fees
  • Employment issues
  • Advice regarding law firm structure and amendment and restatement of operating agreements