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 …

How to Obtain a Refund of Unearned Fees You Paid Your Attorney

How to Obtain a Refund of Unearned Fees You Paid Your AttorneyIf you attorney has died, closed their office, or is otherwise not able to be located, here are some suggestions for locating your client file or documents, like a will. If Your Attorney Has Died If your attorney has passed away and you want …

Locating Your Client File, Documents, or Will

January 18, 2024Locating Your Client File, Documents, or WillShare this PostIf your attorney has died, closed their office, or is otherwise not able to be located, here are some suggestions for locating your client file or documents, like a will. 1) If the attorney has died: Contact the State Bar of Texas Law Practice Management …

Opening a Small or Solo Law Firm in Texas: Choosing an Entity Structure and Other Requirements

Law Practice Management |Starting a PracticeOpening a Small or Solo Law Firm in Texas: Choosing an Entity Structure and Other RequirementsWritten byThe Law Practice Management DepartmentNovember 7, 2023Share this PostThe State Bar’s Law Practice Management Department often receives questions about starting a small or solo law firm in Texas. The most common questions include whether there …

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 …