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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
iPhone App Available to Watch and Read TLIECLE
August 20, 2015We have learned there is an iPhone app available to watch and read our online CLE courses. You will need to register for the course in a regular browser first, however. We have done preliminary tests of the iPhone app, and it appears to work well with good internet service.
Malpractice Claim filed in 1998 results in $935,000 award
August 19, 2015A Connecticut law firm accused of failing to advise the spouse of a client about her potential survivor benefits suffered a $935,000 jury verdict recently. The underlying injury to the spouse occurred in 1991, the malpractice case was filed in 1998, and the malpractice case went to trial in 2015. Both Read the full post
Using Law Firm Ethics Counsel to Avoid Claims
August 17, 2015A recent Association of Professional Responsibility Lawyers (APRL) conference in Chicago included a number of good loss prevention ideas from in-house law firm ethics lawyers. Among roles in which in-house counsel can be important: Exercising care in choosing clients. Vetting and guiding lateral hires. Assuring continuing relevant education of law Read the full post
Difficulties in Defending Legal Malpractice Claims with Low Limits
July 20, 2015If you are trying to decide what lawyers’ professional liability limit is appropriate, and article entitled Walking the Tightrope: Defending Low Limit Legal Malpractice Cases is worth a read. Policy limits usually include defense costs in the limits. With such a depleting limits policy, insureds, insurance companies and defense counsel can Read the full post
A Release From a Client Doesn’t Always Work
July 17, 2015A recent Illinois case is instructive about the effectiveness of releases of malpractice claims from departing clients. In Construction Systems, Inc. v. FagelHaber, a law firm represented a construction company seeking payment for work on a commercial building project. The law firm filed a lien and litigation against the owner and general contractor Read the full post
Highlights from 2014 Large Firm Claim Survey
July 15, 2015An article in the Insurance Journal discusses findings in a recently completed survey of legal malpractice claims in 2014 at nine legal malpractice insurers covering about 80% of the top 100 US based law firms. Among the findings: Claim frequency appears to be about the same as 2013, but is below Read the full post
Ethical and Liability Considerations for Lawyers Acting as Fiduciaries in Estate, Trust and Probate Contexts
July 10, 2015This article considers the implications of the existence of lawyers’ fiduciary obligations arising outside of the attorney client role. First, the article will consider the application of the Texas Disciplinary Rules of Professional Conduct, the rules of ethics, to situations in which an attorney has fiduciary duties that arise outside Read the full post
Arbitration Clauses in Fee Agreements
July 8, 2015We have updated our article on arbitration clauses in client fee agreements to reflect a recent Texas Supreme Court Opinion. https://tlie.org/article/arbitration-clauses-in-fee-agreements/