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AKIN, GUMP, STRAUSS, HAUER & FELD v. NDR

No. 07-0818.

299 S.W.3d 106 (2009)

AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P., Petitioner, v. NATIONAL DEVELOPMENT AND RESEARCH CORPORATION, Respondent.

Supreme Court of Texas.

Decided October 30, 2009.

Rehearing Denied January 15, 2010.

Attorney(s) appearing for the Case

Thomas Fenton Allen Jr., Christopher John Scanlan, Carrington, Coleman, Sloman & Blumenthal, L.L.P., Jeffrey S. Levinger, Hankinson Levinger LLP, Dallas, and Corbet F. Bryant Jr., Richardson, for petitioner.

David W. Shuford, Law Office of David W. Shuford, and Michael L. Jones, Henry & Jones LLP, Dallas, for respondent.

Mark C. Harwell, Cotham Harwell & Evans, P.C., Houston, Luther H. Soules III, Soules & Wallace, San Antonio, for amicus curiae.

Justice JOHNSON delivered the opinion of the Court.

When a former client sues a lawyer for improperly prosecuting a prior lawsuit, part of what the plaintiff must prove is the amount of damages that would have been collectible from the defendant in the prior suit. In this legal malpractice case we address the following issues: (1) what evidence is necessary to prove damages would have been collectible in the prior case, and (2) whether a client may recover attorney...

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