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

TLI Top Tip

TLI Top Tip: Texas Ethics Committee Opinion 707 – Companies owned by non-lawyers cannot offer legal services to customers

In Opinion 707, the Texas Professional Ethics Committee (“PEC”) addressed whether full time, salaried in-house counsel of a for-profit company owned by non-lawyers could…
TLI Top Tip

TLI Top Tip: Don’t Ignore a letter from the Client Attorney Assistance Program (CAAP)

Surprisingly, a large number of attorneys are unfamiliar with the State Bar of Texas Client Attorney Assistance Program (CAAP) and what it does. More…
TLI Top Tip

TLI Top Tip: Understanding Your Duties When a Third Party Has a Claim to Client Funds

In general, with respect to client funds, a lawyer’s primary duty is to the client and the lawyer is required to deliver client funds…
TLI Top Tip

TLI Top Tip: Civil Barratry Statute does not apply to core conduct outside of Texas, according to Texas Supreme Court

On May 9, 2025, the Texas Supreme Court issued its opinion in Michael A. Pohl, et al v. Mark Kentrell Cheatham, Sr. et al,…
TLI Top Tip

TLI Top Tip: Lawyers, please do not talk to represented parties – even if you are pro se

 Texas Disciplinary Rule of Professional Conduct 4.02(a) states that in representing a client, a lawyer shall not communicate about the subject of the representation…
Article

Should I Claim, or Should I Roll? The Terminated Contingency-Fee Lawyer’s Conundrum

The contingency-fee contract has been a staple of plaintiff-side practice for over a century. It provides an avenue for individuals who are otherwise unable…
TLI Top Tip

TLI Top Tip: Contract Attorneys & Fee Sharing – How Not to Violate Rule 1.04(f)

It is not uncommon for law firms to utilize or employ contract attorneys. Unfortunately, it is also not uncommon for firms to run into…
TLI Top Tip

TLI Top Tip: ABA Formal Opinion 516 – Can I withdraw? 

At TLI, we regularly field inquiries from attorneys about whether they can withdraw from a client representation before the client matter concludes. Texas Disciplinary…
TLI Top Tip

TLI Top Tip: Lessons Learned from Claims in Q1 

In the event there was any doubt that legal malpractice claims can be expensive, in the first part of 2025 TLI closed 12 claims…
TLI Top Tip

TLI Top Tip: Trust Account Do’s and Don’ts 

Follow these Do’s and Don’ts to make sure you are in compliance with Texas Disciplinary Rule of Professional Conduct 1.15 and the rules regarding…
TLI Top Tip

TLI Top Tip: ABA Formal Opinion 513 – Lawyers Cannot Stick their Head in the Sand

In August 2024, the ABA Standing Committee on Ethics and Responsibility issued ABA Formal Opinion 513 providing further guidance on the explicit duty of…
Article

The ABC’s of Buying Legal Malpractice Insurance

Purchasing legal malpractice insurance does not have to be intimidating. Whether you are newly licensed and hanging out your own shingle, or whether you…
TLI Top Tip

TLI Top Tip: Signing a Settlement Agreement without Client Involvement is Risky Business

There are two scenarios, each similar in premise, that cause problems for lawyers with respect to settlement of their client’s legal matter.  At the…
TLI Top Tip

TLI Top Tip: ABA Formal Opinion 515 – Can an attorney disclose confidential information about a client who commits a crime against the attorney? 

ABA Formal Opinion 515 discusses when a lawyer who is a victim of a crime by a bona fide client or prospective client may…
TLI Top Tip

TLI Top Tip: Lawyers and Social Media – The Duty of Confidentiality Still Applies

If you use any kind of social media platform, you may be aware that there exist various groups for lawyers on these platforms –…
Article

Should Texas Lawyers Include Arbitration Provisions in their Fee Agreements?

Many lawyers include arbitration provisions in their fee agreements looking only at the perceived benefits without considering the risks and ethical requirements.  Lawyers often…
TLI Top Tip

TLI Top Tip: Ethics Committee Opinion 706 – Lawyers cannot pay nonlawyer-owned companies based on a percentage of law firm revenues. 

Opinion 706, issued last month by the Professional Ethics Committee, determined that a lawyer cannot pay a nonlawyer-owned entity that provides a platform of…
TLI Top Tip

TLI Top Tip: Texas Supreme Court endorses Anti-Fracture Rule in Professional Liability Cases 

For several decades, Texas courts of appeal have applied the anti-fracturing rule to claims for professional malpractice preventing plaintiffs from “fracturing” a malpractice claim…
TLI Top Tip

TLI Top Top: Texas Professional Ethics Committee Opinion 705 – Ethical Issues Raised by Use of Generative AI 

In our October 28, 2024 article, we examined the responsible and ethical use of Generative AI (GAI) based on ABA Formal Ethics Opinion 512.…
TLI Top Tip

TLI Top Top: Texas Professional Ethics Committee Opinion 704 – Lawyers practicing law in Texas cannot be partners with nonlawyers. 

Texas Disciplinary Rule of Professional Conduct 5.04(b) states that a lawyer shall not form a partnership with a non-lawyer if any of the activities…
TLI Top Tip

TLI Top Top: Are you using Generative AI to draft pleadings, motions and other court-filed documents? 

In our October 28, 2024 article, we discussed ABA Formal Ethics Opinion 512 regarding the responsible and ethical use of GAI in your law…

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