Texas Legal Malpractice & Lawyer Discipline 2015

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9781576259368: Texas Legal Malpractice & Lawyer Discipline 2015

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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About the Author:

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.

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