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Texas Legal Malpractice & Lawyer Discipline

Charles F. Herring, Jr.

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NEW 2015 Edition Available!


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:

Coverage of the Nath decision where a “judge ordered Nath to pay monetary sanctions in the form of attorney’s fees, totaling $1,421,107.16.”

This fourteenth edition contains the current law and rules concerning lawyer liability and discipline in Texas, as they have continued to develop and change. Here are a few of the highlights:

Determining whether an attorney-client relationship exists also frequently results in a fact-intensive appellate inquiry-six cases on point.

The anti-fracturing doctrine continues to receive substantial attention in the case law as courts attempt to distinguish between “legal malpractice” claims and separate, independent claims for breach of fiduciary duty, fraud, breach of contract.

We continue to see many decisions addressing motions to disqualify counsel, often on mandamus review


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Texas Lawyer
  • Availability: Available
  • Brand: Texas Lawyer
  • Product Type: Books
  • Edition: 12
  • Page Count: 800
  • ISBN: 978-1-57625-936-8
  • Pub#/SKU#: TMALP15
  • Pub Date: 06/30/2015

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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