For several decades, Texas courts of appeal have applied the anti-fracturing rule to claims for professional malpractice preventing plaintiffs from “fracturing” a malpractice claim into other causes of action when the crux of the complaint goes to the quality of the professional services provided. On Friday, February 21, 2025, the Texas Supreme Court endorsed this long held principle in Pitts, et al v. Rivas, et al, 2025 Tex. LEXIS 131 (Tex. 2025). 

Although an accounting malpractice case, the Court’s holding in Pitts applies equally to claims for professional malpractice against lawyers. Specifically, the Court held that the anti-fracturing rule prohibits plaintiffs from attaching labels, such as fraud or breach of fiduciary duty, to their allegations against professionals (accountants, attorneys, etc.) “when the gravamen of the allegations is that the defendant failed to exercise the requisite degree of care or skill in the provision of [professional] services.”…