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Recent News

The Ethics of Referrals, Part 3

October 24, 2023

PART III: REFERRALS FROM NON-LAWYER SOURCES Part I of The Ethics of Referrals series provided an overview of attorney-to-attorney referrals. Part II examined unique issues in those referrals. Part III, the final article in this series, discusses referrals from legal referral services and through websites that act as internet legal Read the full post

The Ethics of Referrals, Part 1

August 22, 2023

PART I: ATTORNEY-TO-ATTORNEY REFERRALS Business generation consumes the minds of every attorney responsible for ensuring a consistent pipeline of clients and work. General and attorney-focused networking, digital marketing, bar events, speaking engagements, public and nonprofit service, and community sponsorships fill many calendars and budgets. These business development efforts present a Read the full post

Avoiding Ethical Issues with Third Party Payors

June 19, 2023

Consider the following hypothetical. You represent a client in a child custody dispute. The client’s parents offer to cover your legal expenses. As you delve into the case, you realize that the grandparents’ interests may not align with the best interests of the client or the client’s child.  While third-party Read the full post

Best Practices for Drafting Effective Fee Agreements

October 17, 2022

In this Article, we’ll discuss why crafting effective fee agreements is essential to a successful attorney-client relationship and summarize best practices for effective fee agreements. THE IMPORTANCE OF FEE AGREEMENTS  Having a written fee agreement can (and should) set forth more than just the attorneys fees by also setting expectations Read the full post

Texas Ethics Opinion Allows Lawyers to Use Collection Agencies: Should You Use Them?

February 9, 2016

A 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

Arbitration Clauses in Fee Agreements

July 8, 2015

We 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/

Question of the day: Should I accept an offer of equity in a client in lieu of fees?

July 6, 2015

An 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

Time Management is Money: Beat the Clock & Save

May 20, 2015

One 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

The Relationship Between Legal Fees and Legal Malpractice

May 20, 2015

Fees have a complex relationship with legal malpractice. While definitive statistics regarding the impact of legal fees on legal malpractice are not available, TLIE has noted that fee issues often provoke or aggravate legal malpractice claims. Learning methods to avoid fee issues can have a significant impact on loss avoidance. Read the full post

Preventing Fee Problems: A Preventative Approach

May 20, 2015

Fee disputes with clients lead to a number of problems.  Legal malpractice claims are often filed when clients are dissatisfied with fees.  If a lawyer tries to collect fees from an unwilling client, the client will often counterclaim for malpractice.  Legal malpractice is a mandatory counterclaim in a fee suit. Read the full post