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Question of the day: Should I accept an offer of equity in a client in lieu of fees?
July 6, 2015An attorney considering whether or not to accept an offer of equity in a client should keep a number of issues in mind. Insurance. Lawyers’ Professional Liability Insurance often does not cover matters in which lawyers have a business interest. Check with your carrier and read your policy before deciding Read the full post
Arbitration Clauses in Fee Agreements
July 6, 2015Arbitration clauses in fee agreements have been used by many Texas lawyers. This article will discuss the state of the law regarding the validity of such agreements, and will note some of the practical issues that should be considered before including such agreements in contracts with clients. The Law Texas Read the full post
Texas Supreme Court upholds arbitration clause in legal malpractice claim
July 1, 2015Texas Supreme Court has upheld an arbitration clause in a fee contract, overturning a decision by the Corpus Christi court of appeals. We’ll post an analysis of this opinion and whether lawyers should use such clauses in the near future.
Can You Ever Reveal Client Secrets? Even If They Are Posted Online?
June 29, 2015A recent proposed California ethics opinion discusses a number of scenarios in which client confidentiality may be involved. Of course, matters subject to attorney-client privilege cannot not be revealed, but unprivileged information obtained in the course of representing clients is also confidential. In one of the opinion’s scenarios, a lawyer Read the full post
Innocent Partner Protection Doesn’t Apply to Insurance Application Misrepresentations
June 26, 2015Failure to report potential claims in an insurance application can result in a useless legal malpractice insurance policy. In Focus on Full and Accurate Disclosures on Your Legal Malpractice Insurance Application, Daily Business Review discusses a case in which the partner filling out an application failed to note a potential Read the full post
Avoiding Trouble as Replacement Counsel
June 24, 2015When lawyers take over a case from another lawyer, there may be good reasons why the new lawyer is a better choice to take over the case. Many times, however, the clients in these situations are difficult to work with or face an almost hopeless situation. An article in the Recorder, Read the full post
Our Updated Website
June 22, 2015TLIE has updated our website to serve you better. We made the site optimized for mobile, and reorganized to help you get what you need faster. Our revised Blog keeps you abreast of legal malpractice, law firm management, and ethics related news. All of our Articles are now in one place. Check out our Read the full post
What To Do If Something Goes Wrong
May 20, 2015When a lawyer makes a mistake or is accused of making one, the initial reactions can affect the lawyer’s ability to defend or resolve the claim. Taking the wrong actions can compound expenses and liability; taking the right actions may avoid any payment whatsoever. This article discusses considerations in deciding Read the full post
Time Management is Money: Beat the Clock & Save
May 20, 2015One of the most frequent contributors to legal malpractice claims is rushed or forgotten work. A good scheduling system only goes so far toward minimizing time problems; you may end up just watching the deadlines pass if you don’t use your time effectively. Here are ten things you can do Read the full post
Scheduling Errors and Legal Malpractice
May 20, 2015Scheduling errors are the root cause of many legal malpractice claims. It is common to think of scheduling errors as just missed deadlines, but such errors should also be thought of as failures to plan sufficient time to perform work. This article will look at the nature of scheduling errors Read the full post