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Attorney Malpractice Litigation
Schirrmeister Diaz-Arrastia Brem LLP exclusively represents Plaintiffs in attorney malpractice litigation. Andrew Schirrmeister has a decade of experience in bringing suit against attorneys for breaches of fiduciary duty, conflicts of interest, and neglect of client matters. Our expertise comes from a detailed knowledge of the State Bar Act, the State Bar Rules, the Texas Disciplinary Rules of Professional Conduct and the Rules of Disciplinary Procedure. We are particularly knowledgeable about breaches of fiduciary duty and conflicts of interest.
Among the cases the firm has handled are:
- The firm was responsible for obtaining a $2,625,000.00 settlement from Akin Gump in a case involving breach of fiduciary duty and aiding and abetting violations under the Texas Securities Act. Our clients were a group of investors who bought stock in E-Court, a defunct internet start-up company. Akin Gump provided its client -- a three time convicted felon -- with private placement memoranda for a meeting of investors in the Rio Grande Valley and then subsequently failed to inform the investors that their client had a criminal record when Akin Gump prepared rescission agreements to address the problems in the original private placement documents. Click here for a PDF version of a Texas Lawyer article on this case.
- The firm is representing a New York Stock Exchange company against its former counsel for their failure to advise the client of their prior representation of a party whom they failed to join as a responsible third party. After an adverse $18 million verdict, the client engaged us to pursue its former counsel.
- The firm obtained a confidential settlement from a major Houston law firm for legal malpractice arising out of the preparation of trust instruments. The client engaged the firm to create trusts to hold the separate property of a husband and his wife. Following a large judgment against the husband, the creditors sued and pierced the wife's trust thereby seizing her separate property.
- The firm represented a client whose two children were murdered by her estranged husband. The lawyer failed to follow through on multiple requests for a protective order which would have allowed the police to immediately jail her former husband who had physically threatened the client and her children. The attorney neglected the matter and failed to obtain the protective order. The husband managed to locate the client and her children. After murdering the two children and seriously wounding the client's mother, the husband committed suicide. See Karen Roberts et al v. James Shawn Healey, 991 S.W.2d 873, (Tex. App. 1999). See also February 28, 1999 Houston Chronicle article entitled, "Woman sues her attorney over slayings of her children."
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