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Texas Legal Malpractice & Lawyer Discipline 2014

Charles F. Herring, Jr.

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New 2014 Edition Available Now!


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.

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Texas Lawyer
  • Availability: Available
  • Brand: Texas Lawyer
  • Product Type: Books
  • Edition: 12
  • Page Count: 800
  • ISBN: 978-1-57625-845-3
  • Pub#/SKU#: MALP14
  • Pub Date: 05/30/2014

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  • Charles F. Herring, Jr.

Charles F. Herring Jr., of Herring & Irwin, L.L.P., in Austin, is an experienced litigator and an expert who has intensively studied the quirks of legal malpractice and lawyer discipline in Texas, including the Texas Disciplinary Rules of Professional Conduct. With years of writing and speaking both in court and at CLE programs under his belt, Mr. Herring understands how to communicate complicated legal issues simply, clearly and thoroughly. He chaired the State Bar's Special Committee for the Prevention of Legal Malpractice and is a member of the Texas Center for Legal Ethics and Professionalism's Malpractice and Grievance Prevention Task Force. Mr. Herring, a 1975 graduate of the University of Texas School of Law, has published extensively and has worked with malpractice carriers to devise programs of risk avoidance.


Chapter 1. Introduction .................................................................................1
Chapter 2. Guide to Lawyers’ Duties and Liabilities .......................................7
Chapter 3. Legal Malpractice in Texas ..........................................................23
Chapter 4. Disciplinary Rules for Lawyers — Texas Disciplinary
Rules of Professional Conduct ..................................................297
Chapter 5. Texas Rules of Disciplinary Procedure .......................................615
Chapter 6. Texas Lawyer’s Creed ................................................................673
Appendix A: Texas Disciplinary Rules of Professional Conduct .....................687
Appendix B: Texas Rules of Disciplinary Procedure, Post-2004 .....................751
Appendix C: The Texas Lawyer’s Creed ..........................................................783
Appendix D: Interpretive Comments to Part Seven of the
Texas Disciplinary Rules of Professional Conduct .....................789
Appendix E: Supreme Court of Texas Board of Disciplinary Appeals
Internal Procedural Rules ..........................................................799
Appendix F: State Bar of Texas Pro Bono Policy ............................................821
Table of Cases ..................................................................................................825
Index ..................................................................................................877