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Legal malpractice in the context of a worker’s lawsuit against the employer



Last December, the trial court granted summary judgment in the defendant’s favor. The plaintiff appealed. In the case of Cynthia Wilson v. Joshua Graham and Joshua Graham & Associates, PLLC, the Court of Appeals for the Seventh District of Texas at Amarillo affirmed the judgment of the trial court.

The defendant was entitled to summary judgment on the legal malpractice claim because the plaintiff failed to provide expert testimony about causation, which was required for her claim, the appellate court ruled.

The plaintiff argued that a layperson could understand that breaching a deadline would leave a client in a much less favorable position than if the client’s attorney complied with their duty and advised their client accordingly.

The appellate court disagreed. The plaintiff failed to provide evidence establishing that, if not for the defendant’s alleged mishandling of the case, the trial court would have issued a more favorable outcome on her employment discrimination case, the appellate court held.

This case depended on whether the plaintiff had viable claims against the employer and would have gotten a favorable outcome in the lawsuit against the employer, the appellate court said. Expert testimony was necessary because these questions went beyond a layperson’s common knowledge or experience, the appellate court explained.

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