Lawyers Beware: Texas Adopts the Discovery Rule for Legal Malpractice: Willis v. Maverick, 760 S.W.2d 642 (Tex. 1988)

Mrs. Willis and her husband agreed to divorce and attorney Maverick, a friend of the family, agreed to prepare the paperwork for them. After some issues with the house, Mrs. Willis instituted action against Maverick alleging legal malpractice. The jury found in her favor however, the trial court granted Maverick’s motion for judgment notwithstanding the verdict and entered a take nothing judgment against Mrs. Willis. The court of appeals affirmed the judgment of the trial court, holding that Mrs. Willis’ suit was barred by the applicable statute of limitations. The supreme court disagreed with the reasoning of the court of appeal and held that “the statute of limitations for legal malpractice actions does not begin to run until the claimant discovers or should have discovered through the exercise of reasonable care and diligence the facts establishing the elements of a cause of action.”