FAQs for In-House Counsel Not Licensed in Texas

May 16, 2025FAQs for In-House Counsel Not Licensed in TexasShare this PostDo I need to register with the State Bar of Texas?  No. The State Bar of Texas does not require lawyers who are not licensed in the State of Texas to register or pay a fee.  What rule governs in-house counsel not licensed in …

Practice Tips on File Destruction

October 21, 2024Practice Tips on File DestructionShare this PostIntroduction In Texas, there is no bright line rule that states when a client file can be destroyed. Thes practice tips are based on the Texas Disciplinary Rules of Professional Conduct and the guidance provided in a few ethics opinions. Applicable Rules and Ethics Opinions Ensure that …

Checklist for Closing Your Own Practice Without a Successor

Checklist for Closing Your Own Practice Without a SuccessorIt is important to create a transition plan with a timeline for closing your practice when you do not intend to sell your practice or transfer it to a successor attorney or firm. The following checklist outlines some of the issues to address when creating your plan …

Alternative Fee Arrangements

Alternative Fee ArrangementsNotes: In addition to the legal ethics considerations listed in the table, see Texas Disciplinary Rules of Professional Conduct, Rule 1.04 regarding fees and Rule 5.04 regarding fee sharing. Other than a true nonrefundable retainer agreement, which are relatively rare, any fees paid to an attorney in any of the following fee arrangements …

Legal Malpractice Insurance

February 28, 2024Legal Malpractice InsuranceWritten by Patricia PetersonShare this PostWhat is Lawyers Professional Liability (LPL) Insurance? In the legal profession, it is often referred to as legal malpractice insurance. I will use both terms interchangeably throughout this article. LPL insurance insures a law firm and its employees for acts, errors and omissions committed in the …

Nonrefundable Retainers: Proceed with Caution

Nonrefundable Retainers: Proceed with CautionIt’s tempting to put a nonrefundable retainer clause in your standard fee agreement. The client agrees that the funds are earned upon receipt so the money can go straight into your operating account. No need to mess with trust or IOLTA accounts. Seems easier, right?  Not so much. It may result …

Sample File Retention Policy

Sample File Retention PolicyThis file retention policy is a sample to help lawyers prepare their own file retention policies and should be adapted to meet the needs of each lawyer’s individual practice. This sample policy does not cover all situations in all law practices and is not intended to replace the lawyer’s professional judgment. A …

Practice Tip Checklist for Developing a File Retention Policy

Practice Tip Checklist for Developing a File Retention Policy Ask your malpractice carrier for file retention guidance.   At a minimum, include the following in your file retention policy. How the client will be notified of your file retention policy. How the client can obtain their file once the case is closed. Address the cost …

Practice Tips Regarding File Retention and Destruction, and Establishing a File Retention Policy

Practice Tips on File Retention and DestructionIntroduction  Although there is no rule that specifically lays out the requirements for client file retention and destruction, the Texas Disciplinary Rules of Professional Conduct and a few ethics opinions provide practice tips, as does common sense. Applicable Rules and Ethics Opinions  When establishing a file retention and destruction …