Houston Court Awards $504,000 in Legal Malpractice

A plaintiff sought legal representation after her daughter died in a motor vehicle accident involving a truck driver and trucking company in Houston, Texas, on July 14, 2010. The plaintiff retained the defendant attorney to pursue a wrongful death action. In July 2011, the case settled for $250,000, with the plaintiff reportedly entitled to $166,666 after costs and fees.

The plaintiff subsequently received $82,000 from the settlement but did not receive the remaining balance. The plaintiff alleged the defendant attorney failed to forward the full amount owed and filed a legal malpractice lawsuit against the defendant, asserting claims including fraud, breach of fiduciary duty, negligent misrepresentation, and deceptive trade practices.

The defendant attorney failed to answer the plaintiff's complaint. The court found clear and convincing evidence that the defendant deceived the plaintiff and was not entitled to fees or costs from the settlement. The court awarded the plaintiff $168,000, representing the unpaid portion of the original settlement, along with $336,000 in exemplary damages. The total judgment in favor of the plaintiff was $504,000.