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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
Safekeeping Property: Avoiding Ethical Pitfalls with Client Funds
January 19, 2023A surprising number of disciplinary actions stem from the mismanagement of client’s funds or property. In fact, according to the State Bar of Texas Commission for Lawyer Discipline’s 2020-2021 annual report, failing to properly safeguard client property as required under Texas Ethics Rule 1.14 (Safekeeping Rule), rounded out the top Read the full post
Moving On: Checklist and Tips for Departing Attorneys
December 21, 2022Attorney departures are not a new trend, but the trend of lateral moves has continued to increase significantly. According to a recent NALP report, lateral moves by partners and associates in 2021 increased nearly 43% and 149%, respectively, from the previous year. In this Article, we provide a checklist and Read the full post
Wire Transfer Scams: How to Minimize the Risk
September 19, 2022Scams continue to target Texas attorneys regardless of firm size. Email wire transfer scams–most commonly targeting real estate closings or legal settlements–have increased exponentially resulting in millions of dollars of losses each year. In this Article, we provide an overview of the prevalent email wire transfer scam, the ethical and Read the full post
Wellness Tips for Lawyers Struggling with Mental Health or Substance Abuse Issues
February 15, 2022The Legal Profession has a Problem Mental health issues and substance abuse are pervasive within the legal community, and studies consistently show that they affect lawyers at a higher rate compared to the general population. A 2016 landmark study from the Journal of Addiction Medicine underscores this fact with some Read the full post
Confidentiality Obligations to Prospective Clients under Texas Ethics Opinion 691
November 10, 2021What are your confidentiality obligations to prospective clients? The Professional Ethics Committee for the State Bar of Texas (“Ethics Committee”) has weighed in with Opinion 691 (“Opinion”). We’ve provided a brief summary and key takeaways below. The facts presented to the Ethics Committee were as follows. Five years ago, Wife Read the full post
Practical Tips for Texas Lawyers on Staying Ethical on Social Media
August 3, 2021Attorneys have increasingly embraced social media sites like LinkedIn, Twitter, Facebook and Avvo for professional purposes. According to the American Bar Association’s 2020 Legal Technology Survey Report, 77% of all respondents reported using social media for professional purposes. LinkedIn is currently the leading social media platform for attorneys, with 88% Read the full post
Avvo Advisor: Should Texas Lawyers Join?
February 23, 2016UPDATE: Avvo has fixed one of the potential issues we identified, the need to make clear to potential clients that the lawyer has paid a fee for the service. Avvo, the legal directory platform which also allows non-lawyers to ask lawyers questions informally, has introduced fixed-fee legal services online. Prices range Read the full post
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