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The Ethics of Referrals, Part 2
September 12, 2023PART II: UNIQUE ISSUES IN ATTORNEY-TO-ATTORNEY REFERRALS Part 1 of The Ethics of Referrals series provided an overview of attorney-to-attorney referrals. Part II examines unique issues in those referrals. For example, may a criminal defense attorney agree to refer all of his personal injury cases to his friend, a personal 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
Breaking Up Is Hard To Do: Problems in Ending Attorney Client Relationships
May 19, 2015Attorney client relationship usually end on civil terms, but not always. This article looks at some of the ethical and malpractice issues involved in the dissolution of attorney client relationships. Ordinary Situations Whether or not an attorney client relationship is ending on civil terms, it is good practice to document Read the full post
Entity Formation: Who is the Client?
May 19, 2015Representing Organizations Under Ethics Rules At first glance, the ethics rules appear to draw a clear line in entity representation. Texas Disciplinary Rules of Professional Conduct (TDRPC) Rule 1.12(a) states that “(a) lawyer employed or retained by an organization represents the entity.” The rule goes on to note that the Read the full post
Who’s Your Client: How to Avoid Unintended Clients
May 19, 2015Two recent cases illustrate a common type of legal malpractice claim. In a recent case tried in Austin, a law firm was the only firm involved in a shareholder loan to the corporation, and drafted all of the documents for the transaction. A UCC-1 drafted by the firm and executed Read the full post
Do You Really Write Engagement Letters?
May 19, 2015by Jett Hanna Most lawyers by now have heard the advice to write engagement letters. Unfortunately, there is often a misunderstanding about what constitutes a good engagement letter that can protect you against potential malpractice claims. Writings that are only fee agreements or status reports are not effective engagement letters. Read the full post