The Survey period touched on a wide variety of professional liability issues, changing how these claims are prosecuted and resolved. In legal malpractice, the Texas Supreme Court opened the door for malpractice claims based on inadequate settlements, while the lower courts looked at whether clients are limited to breach of contract claims in fee disputes, clarified how legal malpractice claims are tolled, and explored how expert testimony in legal malpractice cases relates to underlying suits. The Texas Supreme Court continues to refine Health Care Liability Claims and the requirements for Chapter 74 expert reports, clarifying how to serve such reports and easing the burden on plaintiffs by requiring that such reports set forth only one, and not all, liability theories. As for director and officer liability, courts addressed settlements in the context of challenges to mergers by shareholders and explored the equitable remedies available in shareholder oppression claims.
Debran L. O’Neil, et al., Professional Liability, 1 SMU Ann. Tex. Surv. (2014)