Resources

Our Resource Center includes our TLI Top Tips, articles, and links to other third party resources to assist our members with their loss prevention and best practices efforts.

News, Articles, & Top Tips

Article

Entity Formation: Who is the Client?

Representing Organizations Under Ethics Rules At first glance, the ethics rules appear to draw a clear line in entity representation.  Texas Disciplinary Rules of…
Article

Who’s Your Client: How to Avoid Unintended Clients

Two recent cases illustrate a common type of legal malpractice claim.  In a recent case tried in Austin, a law firm was the only…
Article

Do You Really Write Engagement Letters?

by Jett Hanna Most lawyers by now have heard the advice to write engagement letters. Unfortunately, there is often a misunderstanding about what constitutes…
Article

Do You Need Case Management Software?

By Dee Crocker Practice Management Advisor / Oregon State Bar Professional Liability Fund Dee Crocker has been a Practice Management Advisor with the Oregon…
Article

Law Firm Online Policies

A recent article has a good outline for a law firm online activity policy.  Michael P. Downey, Law Firm Online Line Activity Policy, 19…
Article

Social Networking: Legal Ethics and Lawyer Liability Considerations

Facebook, Twitter, LinkedIn, MySpace:  these and other social networking tools on the Internet are being used by people in all walks of life-including lawyers. …
Article

Check Frauds on Lawyers

by Jett Hanna Update January 4, 2016: Check frauds such as these continue to fool Texas lawyers. Last week, we had a fraud and…
Article

Unsolicited Email and Obligations of Confidentiality

By Jett Hanna Establishment of an attorney client relationship has always been a difficult issue at the margins.  Texas law holds that a lawyer has…
Article

Malpractice and Ethical Risks in Cloud Computing

Cloud computing, which is the use of a remote vendor connected by the internet for computing needs, isn’t a futuristic concept.  It is here…
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The Risk of Data Breaches in Law Firms

by Jett Hanna A lawyer produces information containing personally identifiable information about a client’s employees to another law firm. One of the lawyers at…
Article

Can You Pay Credit Card and PayPal Fees From Trust Accounts?

Lawyers increasingly accept credit cards and other payment services such as Paypal and Square for payment of fees.  Lawyers pay for these services through…
Article

New HIPAA Regulations And Texas Laws Create Data Security Obligations For Lawyers

New federal health care regulations and state law have made data security for lawyers to whom these rules apply a matter requiring new attention.…
Article

Sample Office Sharing Agreement

This is an agreement with respect to the practice of law among [Name], [Name], [Name], and [Name], all sole practitioner lawyers, executed and effective…
Article

Not My Office Mate’s Keeper: Avoiding Liability In Office Sharing Environments

Lawyers often share office space with no intent to form a partnership. Unfortunately, an actual partnership or a partnership by estoppel resulting in joint and…
Article

Law Firm Management Of Mental Impairment

While no statistics definitively set forth the significance of mental impairment as a direct cause of legal malpractice claims, TLI has witnessed numerous claims…
Article

Professional Corporations, Professional Limited Liability Corporations And Limited Liability Partnerships: Are They Adequate Protection From Malpractice Liability?

One of the most frequent misconceptions we hear from lawyers is that a professional corporation (PC), professional limited liability corporation (PLLC) or limited liability…
Article

When Disaster Strikes

It is hurricane season, and no crystal ball can predict when a hurricane will next strike the Texas coast. It is certain that one…
Article

It’s Not Just The Lawyers…

Working appropriately with support staff is crucial to delivering quality legal services.  TLI has seen its share of claims where the actions of support…
Article

New Ethics Opinion On Law Firm Names

Question: Is it permissible under the Texas Disciplinary Rules of Professional Conduct for three law firms with different names to advertise cooperatively using the…
Article

And When You Have Too Much Documentation…

The cost of storing paper files indefinitely is expensive.  A proper file retention policy can save your firm a lot of money.  Here are…
Article

Avoiding Malpractice with Proper Documentation

Lawyers frequently fail to take the advice they give most often.  The heart of most client consultations outside a litigation context is creation of…

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