Professional Negligence Law Reporter

A Texas appellate court held that a legal negligence plaintiff’s breach of fiduciary duty claims were precluded under state law.

Cynthia Wilson signed a settlement and severance agreement and release when she left her job at McDonald Transit Associates. She later retained attorney Joshua Graham, who sent demand and anti-spoliation letters to McDonald, arguing that the company had wrongfully terminated Wilson. When the company rejected Wilson’s demands, she and Graham reportedly ended their relationship. Wilson subsequently sued Graham and his firm, alleging legal negligence and breach of fiduciary duty. The court granted summary judgment for the defense.

Affirming, the appellate court noted, in part, that the plaintiff’s breach of fiduciary duty claim fails as a matter of law because Texas courts do not allow dividing negligence-based claims into breach of fiduciary duty claims. Citing case law, the court held that a plaintiff may not divide, or fracture, a legal negligence claim into additional claims that do not sound in negligence. Although other claims may coexist alongside a legal negligence claim, the court said, a plaintiff may not reassert a legal negligence claim under an alternative label. Moreover, where the basis for the complaint is inadequate legal representation, the claim constitutes one for legal negligence.

Finding that the crux of the plaintiff’s complaint was that Graham had not provided adequate representation, the court held that summary judgment was warranted.

Citation: Wilson v. Graham, No. 07-23-00059-CV (Tex. App. Aug. 7, 2023).