Aiken v. Hancock
In Aiken v. Hancock, 115 S.W.3d 26, 29 (Tex. App.--San Antonio 2003, pet. denied) the San Antonio Court of Appeals distinguished between deceptive and negligent conduct.
The plaintiff alleged that his attorney:
(1) falsely represented that he was prepared to try the plaintiff's case;
(2) failed to reveal that he was not prepared to try the case;
(3) falsely represented that an expert witness was prepared to testify;
(4) failed to reveal that the expert witness was not so prepared. Id.
The court concluded that this conduct was "conceivably negligent," but not deceptive, and therefore the plaintiff's allegations did not support an independent DTPA claim. Id.