First Page
308
Date Created
1-1-2011
Publisher
St. Mary's University School of Law
Editor
Justin C. Roberts
Last Page
341
Abstract
Legal malpractice suits, like any negligence claim, require the plaintiff to meet all of the elements of the malpractice claim. Texas malpractice claims are based on professional negligence. In Texas, the elements a plaintiff must prove in a legal malpractice claim are: "(1) the attorney owed the plaintiff a duty; (2) the attorney breached that duty; (3) the breach proximately caused the plaintiffs injuries; and (4) damages occurred." Most jurisdictions, including Texas, place the burden on the plaintiff to meet all elements of the claim, including causation. However, a significant minority of jurisdictions allow the burden to shift to the defendant after the plaintiff presents a prima facie case of negligence.
Recommended Citation
Jeffrie D. Boysen,
Shifting the Burden of Proof on Causation in Legal Malpractice Actions.,
1
St. Mary's J. on Legal Malpractice & Ethics
308
(2011).
Available at:
https://commons.stmarytx.edu/lmej/vol1/iss1/8
Included in
Law and Society Commons, Legal Ethics and Professional Responsibility Commons, State and Local Government Law Commons
