Texas Legal Malpractice & Lawyer Discipline 2014

Texas case law governing legal malpractice continues to develop rapidly, and ethics committees constantly issue new opinions and guidelines. Texas Legal Malpractice & Lawyer Discipline is a practical and easy-to-use book that walks attorneys through the minefield of modern lawyering. It includes major developments over the past year, with explanatory commentary, practice tips, and helpful charts. New developments include:     The Texas Supreme Court amended the Texas Rules of Disciplinary Procedure     The State Bar's Advertising Review Committee revised its Interpretive Comments concerning Internet advertising and marketing     The ABA addressed ethical issues arising from law firm websites       The Texas Supreme Court addressed issues relating to disqualification and withdrawal of counsel       More decisions addressing the anti-fracturing doctrine       The Professional Ethics Committee issued several significant opinions addressing:                             Conflicts of interest     When a lawyer may accept an assignment of insurance proceeds as compensation for legal services     When a lawyer may use information in the public record to the disadvantage of a former client     Recoupment of money from a client more than the amount actually paid by the lawyer for an expense incurred     A lawyer's obligation to disclose malpractice     The prohibition against a lawyer sharing legal fees with a suspended lawyer     Contingent fee agreements And much more! NEW FOR 2014!     Discussion of 17 new opinion issued by The Professional Ethics Committee     Coverage of Code § 82.065 and added § 82.0651, creating civil remedies for both clients and non-clients who are solicited by conduct violating barratry laws and rules.     Legislative amendments, narrowing the categories of criminal-barratry violations that are actionable under civil-remedies statutes     Coverage of the trend started by The Texas Supreme Court’s decision in Burrow v. Arce,997 S.W.2d 229 (Tex. 1999) in the landmark decision in the law of lawyering in Texas regarding recognition of fee-forfeiture remedy for breach of fiduciary duty.     Amendment of Texas Rule of Disciplinary Procedure 15.06 to address the deadline for a person who is wrongfully imprisoned to file a disciplinary complaint against a prosecutor, and the addition of the Texas Senate Bill 1611, the Michael Morton Act, signed into law on May 16, 2013. This Act is meant to ensure a more open discovery process, by generally providing an open file policy. The bill became law on January 1, 2014 and is fully covered in the book's text.