Chambers v. O'Quinn
In Chambers v. O'Quinn, 305 S.W. 3d 141, 152 (Tex. App.--Houston 1st Dist. 2009, pet. denied), former clients sued attorney O'Quinn for legal malpractice. Id. at 144.
O'Quinn filed a companion suit against his clients' attorneys, took depositions, and sought abatement in the companion case. Id. at 151.
The appellate court found no waiver, holding that the fact O'Quinn filed suit against appellants' attorneys did not amount to litigation of the specific claim at issue. Id. at 152.