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Don’t Sue Clients, and Other Thoughts for Young Lawyers on Building an Ethical Career
February 27, 2024Most law schools offer a Legal Ethics class. Commonly, it’s taken in the third year of law school when most law students are busy with clinics, job searches, community service, Practice Court, capstone projects, or other activities that distract from learning professional responsibility. In fact, a third-year’s attention is most Read the full post
HIPAA, Data Privacy, and How to Avoid the Wall of Shame
January 23, 2024In March 2023, a New York-based medical malpractice law firm agreed to pay a $200,000 financial penalty to the New York Attorney General to settle alleged HIPAA and NY privacy law violations. The ransomware “LockBit” victimized the law firm and compromised the private information of 114,000 patients. How did LockBit Read the full post
Let’s get Merry, Bright…and Sued?
December 19, 2023THE RISKS OF SOCIAL HOST LIABILITY IN TEXAS December is National Drunk & Drugged Driving Prevention Month or National Impaired Driving Prevention Month. Many of us will be hosting or attending holiday parties this December. Most who consume alcohol at these parties will do so responsibly. But who’s liable for Read the full post
The Ethics of Referrals, Part 3
October 24, 2023PART 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, 2023PART 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, 2023Consider 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
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
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