Over the course of my career, I have represented numerous plaintiffs in legal malpractice claims against lawyers. Consequently, I have reviewed many attorney-client contracts. Several potential problem areas that I have observed in attorney-client contracts are: 1) termination provisions, 2) non-refundable retainer provisions, 3) consent to settle provisions; and 4) arbitration provisions. … [Read more...]
The duty to inform a client that another lawyer was negligent
Can a lawyer be liable for failing to inform a client that another lawyer was negligent in representing the client? Yes. As a fiduciary, an attorney is obligated to render a full and fair disclosure of facts material to the client’s representation. Willis v. Maverick 760 S.W. 2d 642, 645 (Tex. 1988). Whether a previous lawyer was negligent may be material to the client’s representation for many … [Read more...]
Common Problems in Client-Attorney Contracts
Attorney-client contracts are unique because there are ethical considerations overlaying the contractual relationship between the parties. Attorneys cannot circumvent their ethical obligations by inserting language to the contrary in a contract with the client. The Texas Supreme Court has explicitly refused to allow attorneys to contract away their ethical obligations. See, Hoover Slovacek L.L.P. … [Read more...]
