Legal Professionals Forum
For verified Texas attorneys, by verified Texas attorneys
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Fee agreements for criminal defense — flat fee versus hourly and how to structure retainers that hold up
Fee agreement structure in criminal defense is something I think about more than most practice areas because the stakes, the client stress level, and the potential for fee disputes are all higher…
Client communication standards — what do clients actually expect in 2024?
Rule 1.03 sets a floor — keep clients reasonably informed, promptly respond to requests for information. But I think the practical expectation that clients bring to attorney-client relationships has shifted significantly from…
Texas Rules on social media research — what can you ethically look at, and when does it cross a line?
Social media research on parties, witnesses, and jurors has become a standard part of civil and criminal practice, and the ethical analysis is more nuanced than most practitioners appreciate. The rules that…
Preserving digital evidence in civil litigation — what Texas courts are actually expecting
Digital evidence issues in civil litigation have matured from a niche concern to a central competency requirement, and I think the bar for what Texas courts expect in terms of preservation and…
Solo practitioner succession planning — are you prepared for an unexpected incapacity?
I've been a solo practitioner for most of my career and I'll be the first to admit that succession planning has been the professional responsibility obligation I've been slowest to address seriously.…
Supervising non-attorney staff who are using AI tools — what does duty of supervision actually require?
Rule 5.03 requires attorneys to make reasonable efforts to ensure that the conduct of non-attorney assistants is compatible with the lawyer's professional obligations. Most of us understand the baseline: supervise, review their…
Scope of representation letters — how narrow is too narrow for Texas purposes?
Rule 1.02 allows a client and attorney to limit the scope of the representation as long as the limitation is reasonable under the circumstances and the client gives informed consent. In practice,…
E-filing rejection pitfalls — Texas state courts vs. federal, and what clerks won’t tell you
Between TexFile for state courts and CM/ECF for federal, the e-filing systems have matured considerably but the ways filings get rejected remain maddeningly inconsistent across jurisdictions. I'm putting together a list for…
Going fully virtual — practical and ethical considerations for Texas solo practitioners
I've been evaluating whether to give up my physical office space. The lease is up for renewal and the economics of the virtual model are compelling — but I've been in practice…
Referral fees in Texas — practical pitfalls in 2024 and how to document them correctly
Rule 1.04(f) is one of those provisions that's clear in principle and frequently mishandled in practice. A fee-sharing arrangement with a lawyer outside your firm requires written disclosure to the client, the…