Conflict Avoidance Systems
May 20, 2015
Conflicts of interest are the “silent killers” of legal malpractice. A 1999 ABA study of legal malpractice claims indicates that conflict of interest was…
Resources
Our Resource Center includes our TLIE 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
Article
Texas Ethics Opinion 557: Clients Considering Malpractice Claims Against You
May 20, 2015
The Professional Ethics Opinions Committee for the State Bar of Texas recently adopted an opinion addressing the ethical obligations and options for a lawyer…
Article
Legal Research of Conflicts of Interest
May 20, 2015
Most lawyers know that the rules of ethics are a critical component of conflicts research. The Texas Disciplinary Rules of Professional Conduct can be…
Article
The Truth About Conflict Waivers
May 20, 2015
The term “conflict waiver” enters the vocabulary of many lawyers very early in their career. There is often a form for such waivers developed…
Article
Client Compatibility: Screening and (Sometimes) Firing Clients
May 20, 2015
The compatibility of clients with their lawyers is an important factor in assuring quality legal services and avoiding malpractice claims. A client who does…
Article
Breaking Up Is Hard To Do: Problems in Ending Attorney Client Relationships
May 20, 2015
Attorney client relationship usually end on civil terms, but not always. This article looks at some of the ethical and malpractice issues involved in…
Article
Entity Formation: Who is the Client?
May 20, 2015
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
May 20, 2015
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?
May 20, 2015
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?
May 20, 2015
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
May 20, 2015
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
May 20, 2015
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
May 20, 2015
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
May 20, 2015
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
May 20, 2015
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…
Article
The Risk of Data Breaches in Law Firms
May 20, 2015
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?
May 20, 2015
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
May 19, 2015
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
May 19, 2015
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
May 19, 2015
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
May 19, 2015
While no statistics definitively set forth the significance of mental impairment as a direct cause of legal malpractice claims, TLIE has witnessed numerous claims…
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.