Goffney v. Rabson

In Goffney v. Rabson, 56 S.W.3d 186 (Tex. App.--Houston 14th Dist. 2001, pet. denied), the plaintiff sued her attorney for legal malpractice, breach of contract, Deceptive Trade Practices Act-Consumer Protection Act (DTPA) violations, and breach of fiduciary duty in connection with her attorney's representation of her. Id. at 188. Prior to trial, the plaintiff dropped her legal malpractice claim from her petition and proceeded to trial on her remaining claims with the jury finding in her favor on the claims against her attorney. Id. The trial court entered a final judgment in favor of the plaintiff. Id. The narrow issue addressed in our opinion was whether the plaintiff's breach of contract, breach of fiduciary duty, and DTPA claims were essentially legal malpractice claims. Id. at 190. The Court determined that those claims were, in fact, legal malpractice claims and held, under well-settled law, that a client cannot "divide or fracture" legal malpractice claims into additional causes of action and, therefore, the plaintiff could not recover from her attorney because she had no viable cause of action upon which to recover after she had abandoned her legal malpractice claim. Id.