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Email CCs and BCCs to Clients are Ethical, But Risky
February 12, 2016A recent ethics opinion from New York indicates that making a client a cc or bcc on an email to opposing counsel is ethical, but may be a dangerous practice. Ethically, a lawyer is required to keep a client informed about the representation, and copying clients on letters is a Read the full post
Study Shows High Frequency of Mental Health Issues Among Lawyers
February 9, 2016A new study from the Journal of Addiction Medicine shows how serious mental health issues are in the legal profession. The study, published in The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys (authors Patrick R. Krill, JD, LLM, Ryan Johnson, MA, and Linda Albert, MSSW), Read the full post
Texas Ethics Opinion Allows Lawyers to Use Collection Agencies: Should You Use Them?
February 9, 2016A recent Texas ethics opinion addresses two issues concerning collection of unpaid fees from clients. In Opinion 652, the Professional Ethics Committee addresses whether a lawyer may use a collection agency to collect overdue fees, and whether nonpaying clients may be reported to a credit bureau. Prior opinions of the Read the full post
Law firm liable for failure to verify information provided by client in a debt collection matter
January 28, 2016Lawyers can be subject to liability under the federal Fair Debt Collection Practices Act. In a recent case, a law firm relied on information provided by a client to pursue collection of about $11,000 allegedly due for insurance on a home that was mortgaged and had been foreclosed. In fact, Read the full post
Texas Ethics Opinion 651: Email Links on Law Firm Websites
January 18, 2016The Professional Ethics Committee for the State Bar of Texas has issued an opinion regarding the confidentiality of emails sent by prospective clients. Opinion 651 is a critical opinion for lawyers and law firms which have websites. The opinion concludes that lawyers are not required to warn prospective clients who Read the full post
When (And How) Can You Destroy Client Files?
January 18, 20162013 Texas Ethics Opinion 627 indicates that lawyers can eventually dispose of client files, but provides no indication of what period of time constitutes a proper “passage of time.” The opinion is based on assumed facts that a law firm uses a 5 year retention period. Two recent opinions in other states Read the full post
Chair’s Message to Members
January 4, 2016By Suzan Fenner, Chair of the TLIE Board of Directors. I am honored to be writing you this year as Chair of the Board of TLIE. I had big shoes to fill, following Tom Hanna, and before him, Jim Lovell, both Texas legal legends. I am happy to report that Read the full post
Law Firm Dissolution: Ethics and Malpractice
January 4, 2016When law firms dissolve, a host of issues must be addressed by firm members. Many of the issues are of a business nature. Who will satisfy lease, loan and other contractual obligations of the firm? How will tax returns, accounts receivables and other accounting issues be resolved? Where will mail Read the full post
TLIE Declares 19th Consecutive Distribution
December 22, 2015This is TLIE’s 36th anniversary, and I am very pleased to report that 2015 was another successful year for Texas Lawyers’ Insurance Exchange. On December 11, 2015, TLIE’s Board of Directors declared a policyholder distribution of $5,000,000 – the largest in the company’s history. TLIE has returned a total of Read the full post
Mental Impairment, Discipline and Legal Malpractice
August 26, 2015Mental impairment, whether due to substance abuse, mental illness, or advancing age, contributes to a significant number of legal malpractice claims and disciplinary actions. It is estimated that 15-18% of lawyers have a chemical addiction, and 50-70% of disciplinary actions involve substance abuse. Studies by the Oregon Bar have indicated Read the full post