Attorney Grievance Defense
Legal Malpractice Defense
Professional Licensure Defense
Real Estate Professionals Defense (Agents, Home Inspectors, Surveyors)
EDUCATIONBaylor University School of Law, Waco, Texas
University of Mary Hardin-Baylor
B.B.A., cum laude, 1986
- Texas, 1989
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Courts for the Eastern, Northern, Southern and Western Districts of Texas
Daniel D. Tostrud
Dan Tostrud devotes his practice to assisting lawyers, CPAs and other professionals in solving difficult and thorny issues and getting back to doing what they do best. He has over twenty-eight years of experience defending malpractice claims, resolving fee disputes, and guiding his clients through administrative proceedings.Dan’s broad experience has enabled him to quickly assess the subject matter and legal issues facing his clients. A formidable adversary in the courtroom, he also knows the value of a cooperative manner when dealing with opposing counsel. Dan frequently speaks both locally and nationally before lawyers and accountants on risk management, conflicts and other ethical issues, and strategy in defending malpractice claims. Dan has presented on these topics at seminars and webinars on approximately 20 occasions over the past ten years and published a law review article related to legal malpractice claims in 2014.
EXPERIENCEDan has obtained summary judgment or dismissal on the merits for his lawyer and accountant clients on more than 65 occasions, and has successfully tried more than twenty professional liability cases to verdict.
- Lead trial counsel for small Austin law firm in six-day arbitration in Dallas. Defeated malpractice and breach of fiduciary duty claims related to alleged mishandling of complex probate matter, and obtained and collected the law firm client's unpaid contingency fee in full, plus attorney's fees.
- Lead trial counsel for small Dallas law firm in five-day jury trial in Dallas. Defeated claims against law firm related to alleged misconduct in defending a suit over a guaranty, and obtained a judgment for the law firm client for all of the unpaid legal fees at issue.
- Lead trial counsel for mid-size Dallas law firm in six-day jury trial in Dallas. Defeated malpractice claims related to alleged overbilling and other ethical issues, and obtained and collected a judgment in excess of $600,000 for unpaid legal fees.
- Lead trial counsel for small Dallas law firm in a three-day jury trial in Dallas. Limited the damages found against client in a second legal malpractice trial to $23,000 when a previous jury, where client was represented by other counsel, had awarded more than ten times that amount.
- Lead trial counsel for national trial firm in six-day arbitration in Dallas. Defeated malpractice claims related to alleged mishandling of employment litigation, and obtained and collected a judgment in excess of $1 million for unpaid legal fees.
- Lead trial counsel for large Texas law firm in five-day arbitration in Dallas. Defeated malpractice claims related to handling of prenuptial agreement and divorce action, and obtained judgment on counterclaim for all unpaid attorney’s fees sought.
- Co-Lead trial counsel for small Colorado law firm in ten-day jury trial in Denton, Texas. Defeated malpractice claims related to alleged unauthorized settlement.
- Co-Lead trial counsel for Dallas lawyer in a state district court proceeding brought by State Bar seeking suspension or revocation of law license on barratry-related claims. Obtained a finding for lawyer client on all claims.
- Lead trial counsel for managers of venture capital fund in Dallas arbitration related to claims of alleged mismanagement. Defeated all claims and obtained recovery of all arbitration costs and attorney’s fees.
- Lead counsel for large Fort Worth law firm. Obtained complete summary judgment based on attorney immunity defense in Fort Worth state court.
HONORS AND AWARDS
- "The Best Lawyers in America" by BL Rankings, LLC. in Professional Malpractice Law-Defendants 2020
- Best Lawyers in Dallas - D Magazine, 2012 - 2017; 2019
- "Texas Super Lawyer" by Thomson Reuters, 2004 - 2019
- Rated AV by Martindale Hubbell
- Highest ranking graduate from University of Mary Hardin-Baylor, 1986
- Am-Jur Award for Insurance Law, 1989
- Outstanding Alumnus Award from University of Mary Hardin-Baylor, 1998
PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS
- State Bar of Texas, Litigation Section, Member
- Dallas Bar Association, Tort and Insurance Practices Section and Business Litigation Section, Member
- Member of Board of Trustees, University of Mary Hardin-Baylor