Texas Government Code, 82.065 and 82.0651, allows Clients to Sue their Lawyers for Barratry. Please Help!

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Under Texas Government Code, Section 82.065 and 82.0651, it allows a Client to sue his attorneys for barratry. Under this statue it state's that a Client must prevail at trial in order to be entitled to the Civil Liabilities under the statue. Because this statue requires a Client to prevail at trial. Does it void the mediation or arbitration agreement in a contract for legal services do to the nature of the allegations. If so tell me why and if you have Texas case law to support that answer please include it. If not tell me why I would really appreciate it.

Attorney Answers

2
Gary Peak ·
That is a very good question and exactly why you should consult with a legal malpractice attorney before going further with a case. I can see where Arbitration would be treated the same as if it went to trial, but certainly would want that to be part of the understanding and agreement going in before Arbitrating, or you would file an objection to the Arbitration.
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Bradford AbramsBusiness AttorneyThe Woodlands, TX ·
Think of it this way, arbitration and mediation is a pre-trial solution option. If you don't like the arbitration or mediation, you would still go to trail. Every judge in every court is going to want to know you tried to arbitrate/mediate a solution before going to trial. If you do arbitrate and both parties agree, you are basically entering into a contract. If you want civil damages from your lawyer, you would bring that up in the arbitration/mediation. They do not preclude a trial from happening. Ex. you go to arbitration, you present your case and your request for civil liability aka damages. The arbitrator might agree and find for you. You got your result and didn't have to pay to go to trial. Or the reverse could be true. The arbitrator finds against you. If you don't like it, you still have trial as a last resort. You should get with a legal malpractice lawyer to discuss your case in detail. Many times, there is not much civil liabilities to actually get or it is limited. I do not have time to go and search case law for you. If you can look up the codes, you probably know how to search case law.
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