Attorneys, like other professionals, have a right to be paid reasonable fees for the necessary legal services they provide. Unfortunately, because attorneys are fiduciaries and because a malpractice claim is a compulsory counterclaim to a suit for fees against a client, dealing with a client who fails to pay can be problematic. Like most things, an ounce of prevention is worth a pound of cure.  Here are some steps to help prevent and/or resolve the situation where a client has a past due receivable and can’t or won’t pay it.  

Have a written fee agreement. When a lawyer has not regularly represented a client, Texas Disciplinary Rule of Professional Conduct 1.04(c) requires that the lawyer communicate the basis or rate of the fee to the client before or within a reasonable time after commencing the representation. While Rule 1.04 prefers but does not require this communication…