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Malpractice and Ethical Risks in Cloud Computing
May 19, 2015Cloud computing, which is the use of a remote vendor connected by the internet for computing needs, isn’t a futuristic concept. It is here today. In most cases, you use the browser on your local computer to interact with the remote program. The use of cloud computing by lawyers and Read the full post
The Risk of Data Breaches in Law Firms
May 19, 2015by Jett Hanna A lawyer produces information containing personally identifiable information about a client’s employees to another law firm. One of the lawyers at the other law firm downloads a copy of that file and stores it, unencrypted, on their laptop. The laptop is then stolen at the airport. Does Read the full post
Can You Pay Credit Card and PayPal Fees From Trust Accounts?
May 19, 2015Lawyers increasingly accept credit cards and other payment services such as Paypal and Square for payment of fees. Lawyers pay for these services through a combination of per transaction and percentage of the transaction fees. When the funds advanced by the client pay the lawyer for fees already earned, credit Read the full post
New HIPAA Regulations And Texas Laws Create Data Security Obligations For Lawyers
May 19, 2015New federal health care regulations and state law have made data security for lawyers to whom these rules apply a matter requiring new attention. by Jett Hanna Regulations under HIPAA (the Health Insurance Portability and Accountability Act) promulgated by the federal Health and Human Services Department, and effective on September Read the full post
Sample Office Sharing Agreement
May 19, 2015This is an agreement with respect to the practice of law among [Name], [Name], [Name], and [Name], all sole practitioner lawyers, executed and effective this ______day of [Month], [Year]. The parties to this agreement shall practice law in shared offices according to the terms of this agreement as unaffiliated sole Read the full post
Not My Office Mate’s Keeper: Avoiding Liability In Office Sharing Environments
May 19, 2015Lawyers often share office space with no intent to form a partnership. Unfortunately, an actual partnership or a partnership by estoppel resulting in joint and several liability for malpractice claims can arise from office sharing operations. In addition, breaches of confidentiality can create liability even when lawyers successfully act in a Read the full post
Law Firm Management Of Mental Impairment
May 19, 2015While no statistics definitively set forth the significance of mental impairment as a direct cause of legal malpractice claims, TLIE has witnessed numerous claims that appear to be caused or exacerbated by mental impairments. On many occasions, alcoholism and substance abuse have been significant contributing factors to claims. A significant Read the full post
Professional Corporations, Professional Limited Liability Corporations And Limited Liability Partnerships: Are They Adequate Protection From Malpractice Liability?
May 19, 2015One of the most frequent misconceptions we hear from lawyers is that a professional corporation (PC), professional limited liability corporation (PLLC) or limited liability partnership (LLP) insulates them against personal liability for professional liability. Under each of these entities, a lawyer remains liable for their own acts of professional negligence Read the full post
When Disaster Strikes
May 19, 2015It is hurricane season, and no crystal ball can predict when a hurricane will next strike the Texas coast. It is certain that one will hit someday. Hurricane Rita last year kept a number of lawyers in the Beaumont area out of the practice of law for awhile. A few Read the full post
It’s Not Just The Lawyers…
May 19, 2015Working appropriately with support staff is crucial to delivering quality legal services. TLIE has seen its share of claims where the actions of support staff were a significant factor. This article will outline some of the ethical and practical issues that attorneys should consider in working with paralegals, secretaries, runners, Read the full post