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The 2024 Disciplinary Rules Referendum: Fulfilling Our Duty of Self-Governance
March 28, 2024From April 1 to April 30, 2024, Texas lawyers can vote on 12 ballot items presented by the legislatively-created Committee on Disciplinary Rules & Referenda. Texas lawyers are very fortunate to self-govern, and one of the ways that they can continue to ensure their freedom to do so is to Read the full post
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
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
4 Common Mistakes That Can Lead to a Legal Malpractice Suit
July 18, 2023Lawyers never want to make a mistake, but juggling deadlines, long hours, and personal and professional demands can make it difficult to produce a flawless work product in every case. And even the most meticulous lawyer is human and thus bound to make a mistake at least once in their Read the full post
ABA Formal Opinion 503 Finds Implied Consent to “Reply All” Responses
April 18, 2023Should I “reply all”? Wait–did I just inadvertently “reply all”?! We’ve all asked ourselves these questions. For lawyers, “reply all” raises more than just questions of workplace etiquette (or possible sources of mortification), but ethical questions as well. In this Article, we discuss the recent formal opinion from the American 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
7 Objectives of Risk Management
November 29, 2022Implementing an effective risk management strategy–addressing anything that may interfere with the ability to provide quality legal services and generate a profit–is essential to a thriving law practice. The benefits include: improving the quality of legal services and attorney-client relationship, enhancing the firm’s profitability and insurability, and reducing the risk Read the full post
Why Proper Documentation and Management is Critical to Your Practice
May 17, 2022It’s not uncommon for lawyers to neglect properly documenting their files. Attorneys often cite lack of time or wanting to keep costs down for not doing so. And yet, lack of documentation is part of many malpractice claims. In this Article, we cover why proper and thorough file documentation are Read the full post