Lawsuit Against a Lawyer for Failure to Obtain a Protective Order
Is lawyer liable for death as a result of failing to obtain a protective order ?
In Roberts v. Healey, 991 S.W.2d 873, 878 (Tex. App.-Houston [14th Dist.] 1999, pet. denied) a client sued her attorney for, among other things, negligence alleging he failed to obtain a protective order against the client's estranged husband, who killed the client's two small children and wounded her mother. Roberts, 991 S.W.2d at 876.
In rejecting the client's claim, this court held that legal cause was not established because the attorney's conduct did nothing more than create the condition (the absence of a protective order) that enabled the estranged husband to kill the client's children and wound her mother. See Roberts, 991 S.W.2d at 879.
Accordingly, court held the trial court properly granted summary judgment to the attorney because legal cause was negated as a matter of law. See id.