To Disclose, or to Not Disclose: Cautionary Tales from Recent Cases
July 2, 2024
A lawyer’s duty to disclose potential conflicts was tested in a couple recent cases. These cases involved lawyer-judge relationships that could impact the lawyer’s…
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
TLI Top Tip
TLI Top Tip: Candid Advice
June 27, 2024
Lawyers must “render candid advice” to clients. Lawyers often guide clients through facts or alternatives that feel to the client like a basket of…
TLI Top Tip
TLI Top Tip: Independent Judgment
June 20, 2024
Lawyers must “exercise independent professional judgment” when representing clients. The comments to TDRPC 2.01 do not specifically address “independent professional judgment,” but a review…
TLI Top Tip
TLI Top Tip: Sufficient Explanation
June 12, 2024
Lawyers must “explain a matter to the extent reasonably necessary” for clients to make informed decisions. The duty to explain a matter using laymens’…
TLI Top Tip
TLI Top Tip: Promptly Respond to Clients
June 6, 2024
Lawyers must “promptly comply with reasonable requests for information” from our clients. When is a response “prompt?” It depends on the circumstances and the…
TLI Top Tip
TLI Top Tip: Keep Clients “Reasonably Informed”
May 31, 2024
Lawyers must keep clients “reasonably informed about the status of a matter,” but what does it mean to keep a client “reasonably informed?” It…
TLI Top Tip
TLI Top Tip: Be Nice When Collecting Fees
May 23, 2024
Lawyers are not immune from having clients or customers who refuse to pay their bills. The consequences to the lawyer can be great, particularly…
TLI Top Tip
TLI Top Tip: Subscription-based Fees
May 16, 2024
Subscription-based legal services are making their way into lawyer’s practices across the country. There’s even a podcast and at least one startup software company…
TLI Top Tip
TLI Top Tip: Lawyers are Guardians
May 8, 2024
Did you know that all lawyers are “guardians?” The Preamble to the Texas Disciplinary Rules of Professional Conduct declares lawyers to be “guardians of…
TLI Top Tip
TLI Top Tip: We’re on the Same Team
May 3, 2024
The legal profession often places us in positions of opposing sides or teams, particularly in roles involving dispute or negotiation–buyer versus seller, plaintiff versus…
TLI Top Tip
TLI Top Tip: My Word is My Bond
April 26, 2024
Being a Texan implies a certain ethos: rugged, sturdy, independent, self-sufficient. It harkens to an ideal of handshake agreements where all that was needed…
TLI Top Tip
TLI Top Tip: Client Communication – Permission to Text
April 19, 2024
Lawyers are in the customer service business, and these days, many of our customers want or prefer to text message us. Text messaging also…
Article
The 2024 Disciplinary Rules Referendum: Fulfilling Our Duty of Self-Governance
March 28, 2024
From 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…
Article
Don’t Sue Clients, and Other Thoughts for Young Lawyers on Building an Ethical Career
February 27, 2024
Most law schools offer a Legal Ethics class. Commonly, it’s taken in the third year of law school when most law students are busy…
Article
HIPAA, Data Privacy, and How to Avoid the Wall of Shame
January 23, 2024
In 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…
News
TLI Gives Back $4,000,000
January 2, 2024
TLI is proud to announce that the 2023 policy distribution totaled $4,000,000! This amount was approved by the TLI Board of Directors at the…
Article
Let’s get Merry, Bright…and Sued?
December 19, 2023
THE RISKS OF SOCIAL HOST LIABILITY IN TEXAS December is National Drunk & Drugged Driving Prevention Month or National Impaired Driving Prevention Month. Many…
Article
Serving on a Board of Directors? Mind your Ethics
November 29, 2023
Lawyers are routinely invited, cajoled, persuaded, pressured, or otherwise asked to serve on a board of directors. Nonprofits and for-profits alike seek the mental…
News
Mike Yarber Retires from TLI
November 8, 2023
After more than 38 years of distinguished service to the legal profession, President and CEO Mike Yarber retired from Texas Lawyers’ Insurance Exchange at…
Article
The Ethics of Referrals, Part 3
October 24, 2023
PART 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…
Article
The Ethics of Referrals, Part 2
September 12, 2023
PART 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…
Books & Helpful Links
The following books and links reflect resources that we believe offer important content on Texas legal malpractice and ethics issues. We are always looking for new resources. If you have suggestions for additional sites or know that one of our sources is outdated, please contact us.
Texas Lawyers’ Assistance Program
A confidential resource that helps attorneys, judges, and law students find solutions for dealing with substance use and mental health issues and provides resources for incorporating a healthier lifestyle.
State Bar Ethics Resources
The Bar has ethics resources. The ethics hotline can provide answers to certain ethical questions. Call (800)532-3947 for more information.
University of Houston Texas Ethics Reporter
This site includes Texas Disciplinary Rules of Conduct and Procedure, as well as Ethics Opinions, and includes prior versions of the rules.
The Texas Center for Legal Ethics and Professionalism
TCLEP is a non-profit center funded in large part by the Texas Bar Foundation. Resources on this site include the Texas Disciplinary Rules, Ethics Opinions, A Guide to the Basics of Law Practice, the Ethics Course, and other Texas specific materials.
Law Practice Management Program of the State Bar of Texas
The Law Practice Management Program of the State Bar of Texas offers a number of helpful guides that can help lawyers keep organized and practice efficiently.
ABA Standing Committee on Lawyers’ Professional Liability
The Standing Committee offers a number of important resources for attorneys interested in lawyers professional liability and insurance. A number of materials can be purchased online, including The Lawyer’s Desk Guide to Legal Malpractice.
ABA Center for Professional Responsibility
The Center for Professional Responsibility coordinates most of the ABA’s activities regarding legal ethics. There are usually a couple of commissions or subcommittee working on hot topics, and they will have links on this page. ABA ethics opinions may be available on the site.
ABA Law Practice Management Division
The ABA’s Law Practice Management has many great resources to help with running a law practice.
The ABA Legal Technology and Resource Center
LTEC focuses on law firm hardware and software.
Legalethics.com
This website focuses on ethical aspects of the use of technology by lawyers.
Legal Ethics Forum
This is a blog by law professors who specialize in legal ethics, and provides a good source for current news on ethics.
William Freivogel’s Conflicts Website
This website collects cases on conflicts issues in an easy to use format.
NABRICO Sites
TLIE is a member of the National Association of Bar Related Insurance Companies. The websites for the companies often provide valuable loss prevention advice and forms. If you are an attorney from a state other than Texas, you may want to check with these companies for professional liability and other types of insurance.
Texas Access to Justice Foundation
Lawyers who handle money for their clients must participate in the Interest on Lawyers’ Trust Accounts (IOLTA) Program, by depositing these funds into an IOLTA bank account at an eligible institution. This website tells you how.
Explore Our Continuing Education Resources
Our commitment to helping you succeed includes an investment in your professional development to help safeguard your practice with additional education on how to avoid complaints and claims.