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Serving on a Board of Directors? Mind your Ethics
November 29, 2023Lawyers are routinely invited, cajoled, persuaded, pressured, or otherwise asked to serve on a board of directors. Nonprofits and for-profits alike seek the mental dexterity and contacts lawyers have, and they may even be hoping for a bit of “free” legal advice. Board service can also be rewarding for the Read the full post
Attorney Grievances Part 2: 5 Avoidable Mistakes
March 20, 2023In last month’s Article, we provided an overview of the grievance process. We discussed that most grievances (about 70% last year) were dismissed as “inquiries” at classification and not investigated. But when there are sufficient allegations of attorney misconduct that would violate the ethics rules, the Texas Chief Disciplinary Counsel Read the full post
Attorney Grievances Part 1: An Overview of the Grievance Process
February 20, 2023During the 2021-2022 bar year, 7,175 ethics complaints (or grievances) were filed against Texas attorneys. A grievance can expose attorneys to discipline ranging from reprimand to suspension to disbarment, not to mention reputational harm. Given the significant impact an ethics complaint can have on an attorney, it’s necessary to understand Read the full post
Duty of Confidentiality in Correcting Client Statements
July 22, 2022Most lawyers generally understand their duty of confidentiality. And yet, the duty of confidentiality is a common pitfall for many attorneys. Often there are competing forces at play–the attorney’s duty to preserve confidential information relating to a client’s representation pursuant to Rule 1.05 of the Texas Disciplinary Rules of Professional Read the full post
Mediation: Practical Tips to Achieving a Favorable Outcome
June 14, 2022Mediation has become an increasingly popular form of resolving a dispute. After all, litigation is costly, stressful, and time-consuming. In this Article, we discuss some of the benefits of mediation, and offer some guidelines for achieving a successful outcome. The Advantages of Mediation Whether voluntary or court-ordered, mediation offers several Read the full post
Practical Tips for Avoiding Conflicts of Interest
March 10, 2022Conflicts of interest are a consistent source of legal malpractice claims. In a study of TLIE’s claims between 1996 and 2001, 16.4% of all claims reflected an allegation of conflict of interest, with 22.5% of all losses and defense costs involving a conflict of interest. In this Article, we provide 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 Twice Is Not Nice: Defending Your Own Work
May 20, 2015Repeat clients are usually appreciated, but in some situations you may want to reconsider. If the work you are called upon to perform for a prior client involves litigating the results of your prior work, a potential for conflict between you and your client may exist. One of the options Read the full post
What is a Conflict?
May 20, 2015The following is a brief, limited review of the law of conflicts of interest in Texas. Should you have a question about a particular situation, please review applicable rules and case law. All rules cited below are the Texas Rules of Professional Conduct. Conflicts between current clients (simultaneous representation). An Read the full post
Conflict Avoidance Systems
May 20, 2015Conflicts of interest are the “silent killers” of legal malpractice. A 1999 ABA study of legal malpractice claims indicates that conflict of interest was the primary alleged error in only 5.12% of legal malpractice claims. TLIE’s statistics indicate, however, that conflicts often are alleged in conjunction with other errors. In Read the full post