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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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we just lost a case we brought against a cell tower company

Customer Question

we just lost a case we brought against a cell tower company and a property owner. I know without the facts you cannot give an accurate answer, but we believe our attorney lost half the case because he could not justify to the judge how human excreta from septic tanks would be classified as solid waste, which was critical to saving our case. our attorney has practiced at tceq before going private. he should have known how to answer the judge since he was resting half his attorney fees on a texas health and safety code that he ultimately could not justify. I found the answer for him on the internet in 30 minutes the day after the judge awarded these defendants a directed verdict. we believe he also lost the rest of the case through a series of procedural gaffes and poor preparation and presentation of our case to the jury which resulted in our loss of the case and has left us with $170,000 of fees owed to our attorney.
Submitted: 7 years ago.
Category: Legal
Expert:  Brandon M. replied 7 years ago.

Hello there:


I understand the situation and I am sorry for what happened. What is the legal question that we can answer for you this evening?

Customer: replied 7 years ago.
we believe our attorney has been negligent to the point of malpractice. how hard is it to win against an attorney on this type of case, and what would constitute irrefutable evidence if there is such a thing. we already know the four things you must prove, but we don't necessarily want to roll the dice again in court, rather, we need an experienced attorney that might be able to look at the case transcripts and tell us whether we have a maybe case or a very good case, or no case at all.
Expert:  Brandon M. replied 7 years ago.

Hello again:


you would not need irrefutable evidence, but you would need to prove your case by a preponderance of the evidence.


It is not that winning a case against an attorney is especially difficult; the problem is that some people have a difficult time differentiating between an undesired result and an incompetent lawyer. I am not making any assumption about which category you fall into, but I can tell you that the case is exactly as strong as the evidence. If you are looking for a percentage, I would say that about 80% of attorney malpractice cases are lost by the plaintiff, but the average award for the remaining 20% is probably in the six-figure range.

There is little harm in hiring an attorney who handles malpractice to review your transcripts; you may be able to find one that would give you a free consultation, and the work could probably be done in less than two hours.


Let me know if I may be further assistance. Thank you.