Legal Opinion · Dissent

Jose L. Elizondo and Guillermina Elizondo v. Ronald D. Krist, the Krist Law Firm, P.C., Kevin D. Krist, and William T. Wells

Texas Supreme Court

Decided August 30, 2013No. 11-0438Published

1DissentJustice Boyd

To prove the existence of legal malpractice damages, clients who sue their attorneys must establish that “the result obtained for the client” was less (or lower or worse) than “the result that would have been obtained with competent counsel.” See ante at 263. The Court holds that Jose and Guillermina Elizondo failed to submit any evidence that could meet that burden, despite their expert’s testimony that, in his opinion, the attorneys’ breaches of their duties caused the Elizondos to settle their claims “basically for nuisance value,” and “a reasonably competent plaintiffs lawyer ... would…

2Cases cited19 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. City of Keller v. WilsonTexas Supreme Court · 2005
  3. Burrow v. ArceTexas Supreme Court · 1999
  4. Jelinek v. CasasTexas Supreme Court · 2010
  5. Shah v. MossTexas Supreme Court · 2002

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