December 13, 2016 Articles

The Judicial Error Defense in Legal Malpractice Cases

A recent Texas Supreme Court decision provides additional ammunition in support of the judicial error defense in legal malpractice cases.

By Ellen E. Oberwetter and Amy Mason Saharia

A law firm facing a litigation malpractice claim may be able to defend itself by demonstrating that the adverse outcome was the product of judicial error rather than of any negligence by the attorney. The recent Texas Supreme Court decision of Stanfield v. Neubam, 494 S.W.3d 90 (2016), highlights the viability of this important potential defense. 

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