Service Confidentiality Agreement

Service Confidentiality AgreementWritten byFatima NaeemJuly 15, 2025Share this PostThis Service Confidentiality Agreement (herein referred to as “SCA”) is made and entered into as of [Date, Month, Year] by and between ___________________________________, a law firm in the State of Texas, herein referred to as “Firm,” and ______________________, an online platform, herein referred to as “Platform” (“Firm” and “Platform,” each a “party” or “Party” and, collectively, the “parties” or “Parties”).  I. Purpose  This SCA establishes the terms and conditions under which Platform will provide services to Firm, access Firm Information, and comply with applicable legal and ethical obligations. The Parties have entered or will enter into one or more agreements under which Platform provides or will provide certain specified services to Firm (collectively, the “Agreement”). In providing services pursuant to the Agreement, Platform will have access to Firm Information, including Attorney-Client Confidential Information. By providing the services pursuant to the Agreement, Platform will become a “Service Provider” of Firm. Both Parties are committed to complying with all federal and state laws governing the confidentiality and privacy of Attorney-Client Confidential Information, including, but not limited to, following the applicable American Bar Association (ABA) Model Rules of Professional Conduct and the Texas Disciplinary Rules …

A young female sole practitioner sitting at her desk working on an upcoming case.

Checklist for Opening a Sole Practice

June 10, 2025Checklist for Opening a Sole PracticeDownload the ChecklistShare this Post☐ Firm Name When choosing a name for your firm, it is important to comply with Texas Rule of Civil Procedure 7.01 governing communications concerning a lawyer’s services, including using trade names. ☐ Entity Formation Decide if you want to form an entity through the Secretary of State’s office. Visit Opening a Small or Solo Law Firm in Texas: Choosing an Entity Structure and Other Requirements for basic information on the pros and cons of different entity types and some frequently asked questions on starting a practice. If you decide to form an entity, you will need an Employer Identification Number (EIN). Visit the IRS website for information on how to obtain an EIN. If you do not choose to form an entity, you can still get an EIN for tax purposes or use your Social Security number. ☐ Office Information ☐ Office Location – A physical office space is not required to practice law in Texas, making it financially easier when first starting out. Many attorneys work completely remotely these days, depending on their practice area and ability to appear in court remotely. ☐ Contact Information – Once …

Attorney Fee Agreements and Miscellaneous Forms

June 3, 2025Attorney Fee Agreements and Miscellaneous FormsDownload PDF VersionShare this PostCompiled by: Claude E. Ducloux Attorney at Law Board Certified- Civil Trial Law Board Certified – Civil Appellate Law Texas Board of Legal Specialization National Director of Education, Ethics & State Compliance LawPay 3700 North Capital of Texas Highway, Suite 300 Austin Texas 78746 cducloux@affinipay.com In connection with the CLE Presentation entitled: “SIGN RIGHT HERE: A survey of Provisions for your Attorney Client Agreements, from ‘Must-haves’ to Optional Clauses” DISCLAIMER: These sample agreements are provided for individual review and analysis, and are delivered without warranty or representation of fitness for specific use or compliance. The receiver hereof is advised to make any necessary modifications or adaptations which may be required for the user’s specific needs, or for compliance with the user’s applicable practice rules or state statutes.▸ATTORNEY FEE CONTRACT (short form)ATTORNEY FEE CONTRACT (short form) STATE OF TEXAS § § COUNTY OF TRAVIS § WHEREAS, Glen G. Quagmire, (“Client”) desires to employ Peter Griffin (“Attorney”) to represent him in the following legal matter: To file and complete an action for Modification of Custody in Travis County, Texas and to represent Client in any and all claims and defenses to …

Can I Sell My Practice?

April 30, 2025Can I Sell My Practice?Written by Gregory W. Sampson and Rebekah Steely BrookerShare this PostWith the undeniable graying of our profession, more lawyers are facing retirement and, for some less fortunate, an unplanned early termination of their practice by disability, death, or other circumstances. This leads lawyers and their families to ask whether their hard work building a practice can reap the financial benefits they deserve. The short answer is yes, but the method chosen must be carefully executed to comply with applicable rules of professional conduct. When a lawyer plans to retire or close a practice, a number of traditional methods have worked successfully for decades under our professional responsibility rules. One is to hire an associate, mentor them, and work out a plan for the associate’s ascension and takeover of the practice with an exit compensation plan for the retiring lawyer. Others merge their practice with other firms bringing their client matters with them with consent and negotiate a retirement or exit compensation plan with the new firm. Still others engage co-counsel on open matters with client consent and enable that co-counsel to continue representation upon withdrawal, often with no compensation for the matters transferred beyond …

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 are refundable to the extent that they have not yet been earned by the provision of legal services and must remain in an IOLTA or trust account until earned. See ethics opinion 611. Many of these can be combined, such as a Subscription Model with a Collared Fee or a reduced hourly fee with a contingency fee kicker, ensuring the fee remains reasonable and in compliance with all other rules and ethics opinions. Disclaimer: This chart does not address all issues that should be contained in the fee agreement, such as billing or how expenses will be handled. It provides only a basic overview of various alternative fee arrangements and a starting point for sample explanatory language in an agreement. AFA Type Pros Cons Sample Explanatory Language Legal Ethics Considerations Fixed or Flat Fee Legal service is billed at a set price. Similarly, a Portfolio …

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 provision of legal services. The policy places a duty to defend and duty to indemnify upon the carrier if and when an insured under the policy has a claim asserted against them that is not excluded under the provisions of the policy. The duty to defend and the duty to indemnify are separate duties. For example, if an insured attorney is sued for several causes of action, some of which are covered under the policy and some of which are excluded, the duty to defend will obligate the carrier to provide a defense to all claims. In short, if there is at least one covered claim being asserted against an insured, the insurance carrier must defend all claims until the covered claim is resolved. The duty to defend is “In for one, in for all.” If the suit goes to trial and there is a …

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 in disciplinary action. The old adage, “if it sounds too good to be true, it probably is,” applies here.   Nonrefundable retainer clauses are often used inappropriately and are a common cause for fee disputes and potential disciplinary action. The following information provides some guidance on when nonrefundable retainers can and cannot ethically be used.   Applicable Rules and Ethics Opinion 611  When determining whether a nonrefundable fee agreement is appropriate under the circumstances, it is important to comply with the Texas Disciplinary Rules of Professional Conduct and the guidance provided in ethics opinion 611.    Texas Disciplinary Rules of Professional Conduct 1.04 and 1.14. Rules 1.04(a) and (b) and Rule 1.14(a) are particularly relevant for nonrefundable retainers. Rule 1.04 governs fees. Rule 1.04(a) states that a lawyer must not charge, collect, or agree to an illegal or unconscionable fee. A fee is unconscionable “if a competent …

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

Opening a Small or Solo Law Firm in Texas: Choosing an Entity Structure and Other RequirementsThe 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 are specific requirements for opening a law practice in Texas, what entity type to choose, and whether a law firm from another state can open a law office in Texas if the owners do not live and are not licensed in Texas.  Are there any specific requirements for opening a small or solo law practice in Texas? If you’re licensed and in good standing in Texas, technically, no. However, keep a few things in mind when opening a law practice in Texas: IOLTA Account: An attorney who handles client funds must open and maintain an IOLTA (Interest on Lawyers’ Trust Accounts) account and participate in the IOLTA Program, which was established by the Supreme Court of Texas in 1984 as a mechanism for funding civil legal services to low-income Texans by collecting interest on client trust accounts. Rule 1.14 of the Texas Disciplinary Rules of Professional Conduct is often called the “trust account” rule as it governs the …