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Legal Malpractice Attorney's Fees: Fee Shifting? or the Client's Right to be Made Whole?


The Editorial Board of the

Legal Malpractice Law Review

is pleased to invite you to an online discussion starting on

Monday morning November 2, 2009

led by:

Paul M. Koning  of K & L Gates, LLP

on the  Texas Supreme Court’s new decision awarding Attorney’s Fees as compensable damages in a legal malpractice action:

Akin, Gump, Strauss , Hauer &  Feld, LLP  vs. National Development and Research Corp.  decided October 30, 2009:


"The Hidden Issue in Akin Gump v. NDR"


"Akin Gump v. NDR:

Practicial Consequences of Allowing Attorney’s Fees as Damages"


With this new decision in  Akin Gump,  has Texas joined New Jersey, (with its Saffer v. Willoughby,) in recognizing the prevailing malpractice plaintiffs’ right to be made whole again with an award of attorney’s fees when they prove that they have been  damaged by their lawyer’s malpractice? What implications does this have for the practicing lawyer?  Does this signal a trend that we might see in yet other states?


 Paul is the Texas Law Contributor to the Legal Malpractice Law Review and is a renowned expert in the field. He has served as: 

  • Co-Chair of the American Bar Association’s Professional Liability Litigation Committee (2006-2009)
  • Designer and Project Coordinator of its "50 State Survey of Legal Malpractice Law"
  • Co-Chair, Attorneys’ Liability Subcommittee (2005).


We look forward to your joining us in what will prove to be a lively and timely discussion. Visitors are encouraged to post their Comments to both of Paul’s blog posts. 

Just scroll down to  Paul’s 2 blog posts immediately below. 


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Posted in: Attorneys Fees