On May 27, 2016, the Texas Supreme Court held that an individual beneficiary of a self-directed retirement account managed by a corporate trustee had standing to bring legal malpractice claims against a law firm based on advice allegedly given regarding loans from the retirement account. Linegar v. DLA Piper US,
claims against attorney
Texas Supreme Court Hears Oral Argument on Legal Malpractice Case Involving Standing of Beneficiary of Trust
By Joseph Regan on
Posted in Texas Supreme Court
On February 10, 2016, the Texas Supreme Court heard argument in a case that involves the issue of legal standing to sue when a trust is injured by the actions of a third party. In DLA Piper US, LLP v. Linegar, Chris Linegar brought fraud and legal malpractice claims…
Beneficiaries Generally Do Not Have Claims Against Attorneys Retained by the Testator for Malpractice
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Donaldson v. Mincey, an attorney drafted estate documents for a father. No. 05-13-00271-CV, 2014 Tex. App. LEXIS 13522 (Tex. App.—Dallas December 17, 2014, pet. filed). The attorney later drafted a trust amendment that would have increased distributions from a trust to the father’s children. The father never signed…
There is a Split in the Courts of Appeals as to Whether a Tortious Interference With Inheritance Claim Exists in Texas
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Jackson Walker, LLPO v. Kinsel, Lesey and E.A. Kinsel owned a ranch, and when E.A. died, he divided his half between his children and Lesey. No. 07-13-00130-CV, 2015 Tex. App. LEXIS 3586 (Tex. App.—Amarillo April 10, 2015, pet. filed). Lesey owned 60% at that point. Lesey placed her…
A Party Does Not Owe a Duty to Inform Another Regarding the Meaning and Impact of an Arbitration Clause
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Greenberg Traurig, LLP v. Nat’l Am. Ins. Co., a client sued its attorney for malpractice. 448 S.W.3d 115 (Tex. App.—Houston [14th Dist.] 2014, no pet.). The defendant filed a motion to compel arbitration due to an arbitration clause in the parties’ engagement agreement. The plaintiff alleged that the…