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New HIPAA Regulations And Texas Laws Create Data

A law firm thus might represent a vendor that deals with a covered entity. If the vendor receives PHI from a covered entity, and the firm receives PHI in the course of providing legal services to the vendor, the firm could be subject to security rules and the client may need to …

Actived: 3 days ago

URL: https://www.tlie.org/new-hipaa-regulations-and-texas-laws-create-data-security-obligations-for-lawyers/

Helpful Links TLIE

(7 days ago) The Law Practice Management Program of the State Bar of Texas offers a number of helpful guides that can help lawyers keep organized and practice efficiently. A number of documents are available to help with Starting a Practice , Maintaining a Practice , Growing a Practice , and Closing a Practice .

Category:  Lawyer Go Now

Law Firm Management Of Mental Impairment TLIE

(2 days ago) Law Firm Management Of Mental Impairment Firm Management. While no statistics definitively set forth the significance of mental impairment as a direct cause of legal malpractice claims, TLIE has witnessed numerous claims that appear to be caused or exacerbated by mental impairments.

Category:  Laws Go Now

Board of Directors TLIE

(3 days ago) Tom practices law as a solo practitioner in his hometown of Nederland, Texas, where he grew up. His practice is in the field of ad valorem taxation, general litigation and federal criminal practice. After graduation from the University of Texas School of Law in 1964, Tom joined the Jefferson County Criminal District Attorney’s Office as an

Category:  University Go Now

What is a Conflict

(Just Now) The following is a brief, limited review of the law of conflicts of interest in Texas. Should you have a question about a particular situation, please review applicable rules and case law. All rules cited below are the Texas Rules of Professional Conduct. Conflicts …

Category:  Laws Go Now

Entity Formation: Who is the Client

(6 days ago) The author has found in discussions with law firms that this is a model commonly used by lawyers in entity formation. The best exposition of this model of representation is found in Arizona Ethics Opinion 02-06 (2002). To date, no Texas case law or ethics opinion addresses the …

Category:  Lawyer Go Now

Frequently Asked Questions TLIE

(9 days ago) Most policies cover former members of a law firm for their acts on behalf of that firm. However, if your firm is dissolving, you should strongly consider buying extended reporting coverage, often called “tail coverage,” from your firm’s current insurance company. A new policy with prior acts coverage for your former law firm is usually

Category:  Laws Go Now

A Release From a Client Doesn’t Always Work TLIE

(4 days ago) The law firm also required a release of all claims against the firm as part of the settlement of the fee dispute. New counsel reviewed the release and the client construction company executed it. After new counsel reviewed the entire file, it became clear that the original law firm knew that the lender had filed its mortgage, and that the

Category:  Laws Go Now

Do You Need Case Management Software

(8 days ago) Complete data about the law firm’s cases, including all contacts (clients, attorneys, witnesses, etc.), mailers, courts, assignments to be completed, and calendar information in a single relational database that is easily accessible to everyone throughout the firm. A method for tracking work performed, time spent and costs incurred on each

Category:  Laws Go Now

Legal Research of Conflicts of Interest TLIE

(1 days ago) The Restatement (Third) of the Law Governing Lawyers (American Law Institute, 2000), is an attempt to synthesize a US law of lawyering in all contexts. Despite the name, this is the first restatement of the law of lawyering by ALI. The Restatement is not primary law in any jurisdiction, but is cited with increasing frequency by courts.

Category:  Lawyer Go Now

Disaster Planning Guide For Lawyers TLIE

(7 days ago) Having a disaster recovery plan for your law practice before disaster strikes is a good first step. And there is no better time to consider it than now. Anticipate the Possibilities. A catastrophic weather event, fire, or other disruptive event could happen at any time. Even if you never worry about weather-related destruction or fire, there

Category:  Laws Go Now

Who’s Your Client: How to Avoid Unintended Clients TLIE

(Just Now) The law firm claimed it had no duty to the shareholder, but the shareholder claimed that the firm represented him. The law firm did not provide a document clarifying who the client was in the transaction, and an associate testified in deposition that there was a “trust” relationship with the shareholder.

Category:  Laws Go Now

Sample Office Sharing Agreement TLIE

(3 days ago) A law library shall be jointly operated, and all research and educational materials on the office premises shall be the property of the office. Library expenses shall be equally shared by all of the parties. [Alternative paragraph]

Category:  Education Go Now

The Truth About Conflict Waivers TLIE

(4 days ago) Checks of your law firm’s conflict database are important, as is the notification of and feedback from other members of the law firm about potential difficulties. Additional research and questioning of clients may be required to fully understand the potential risks of the representation to the clients.

Category:  Laws Go Now

Law Firm Dissolution: Ethics and Malpractice TLIE

(1 days ago) Law firm dissolutions can begin peacefully, or occur in acrimony. As the dissolution develops, the chance of disputes among lawyers rises. Firm lawyers will benefit from taking time early in the dissolution process to agree on a plan for dissolution. Even if there are significant disputes among the lawyers, agreeing early on details will help

Category:  Lawyer Go Now

Arbitration Clauses in Fee Agreements TLIE

(9 days ago) The Law. Texas law permits use of arbitration clauses in client fee agreements. The Texas Supreme Court first compelled arbitration of a legal malpractice claim under an arbitration clause in a fee agreement in Porter Clements v. Stone, 935 S.W. 2d 217 (Tex. 1996). A significant number of subsequent cases have affirmed the legitimacy of

Category:  Laws Go Now

Texas Ethics Opinion Allows Lawyers to Use Collection

(4 days ago) Rule 5.04(a) states that “(a) lawyer or law firm shall not share or promise to share fees with a non-lawyer” with exceptions that do not apply to collection agencies. While there are many opinions permitting use of collection agencies, none address the fact that agencies are often paid by commission.

Category:  Lawyer Go Now

In Memoriam: James E. Brill TLIE

(7 days ago) Jimmy also received two lifetime achievement awards from the American Bar Association for law practice management and service to solo and small firm lawyers. He was named as an outstanding 50-year lawyer by the Fellows of the Texas Bar Foundation. Jimmy served as a director of TLIE from 1999 until 2013.

Category:  Lawyer Go Now

Social Networking: Legal Ethics and Lawyer Liability

(8 days ago) In Texas, law firm advertising, including web advertising, generally must be submitted to the Advertising Review Committee. A recent rule requires attorney or law firm videos uploaded to YouTube, MySpace and Facebook to be submitted to the Advertising Review Committee.

Category:  Laws Go Now

It’s Not Just The Lawyers… TLIE

(6 days ago) Comment 1 to Rule 5.03 mentions secretaries, investigators, law student interns, and paraprofessionals as assistants covered by the rule, but leaves room for other assistants. Lawyers should think of any employees or contractors who might have access to sensitive client information as assistants.

Category:  Lawyer,  Invest Go Now

The Risk of Data Breaches in Law Firms TLIE

(Just Now) Law firms have always had heightened responsibility for maintaining the confidentiality of client information because of their professional ethical requirements. This article will consider the nature of law firm liability for data breaches, and suggest some key loss prevention points.

Category:  Laws Go Now

Ethical and Liability Considerations for Lawyers Acting as

(1 days ago) Ethical Considerations, Fordham Law Review, Vol. 62, Issue 5, pg. 1378 (1994). The roles of trustee or executor are not lawyer roles; they can be and often are performed by other parties. The commentary to TDRPC Rule 1.06 is important with regard to taking on additional roles beyond that of lawyer: 5.

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Books Resource Type TLIE

(1 days ago) Hazard & Hodes, The Law of Lawyering . A Handbook on the Model Rules of Professional Conduct (2 vols., Prentice Hall Law & Business 1994 with supplement). A definitive work. Professor Hazard was a key member of the drafting team for the Model Rules. Professor Hodes is well respected in the ethics field as well, and is often seen on the ethics

Category:  Lawyer,  Business Go Now

Not My Office Mate’s Keeper: Avoiding Liability In Office

(8 days ago) Signs on the exterior of lawyers’ offices should indicate that separate law offices exist in the office space. If there is a receptionist, she should be instructed to answer any common phone line in a way that does not suggest a single law office, such as “Law offices.” Potential clients should be …

Category:  Lawyer Go Now

Unsolicited Email and Obligations of Confidentiality

(4 days ago) Under Texas law, screens of lawyers to avoid imputed disqualification may not be effective, NCNB Texas Nat’l Bank v. Coker, 765 S.W.2d 398, 399-400 (Tex.1989), but screens of non-lawyer staff have been upheld, Phoenix Founders. v. Marshall, 887 S.W.2d 831 (Tex. 1994). Conclusion

Category:  Lawyer,  Bank Go Now

A Hacked Email Account: The Special Dangers for Lawyers

(6 days ago) The hackers were looking for information about upcoming mergers involving law firm clients in order to make advantageous stock trades. The hackers apparently made about $4 million in illegal stock trades. The recent Paradise Papers exposure of an offshore law firm’s documents reportedly resulted from an external hack, though whether it was an

Category:  Laws Go Now

Changes to Texas Lawyers Advertising and Solicitation

(6 days ago) Changes to Texas Lawyers Advertising and Solicitation Rules: The Highlights Firm Management. The comprehensive proposal amending Part VII of the Texas Disciplinary Rules of Professional Conduct was recently approved by the Texas Supreme Court, and will take effect on July 1, 2021.The changes were designed to improve, modernize and simplify the advertising and solicitation rules.

Category:  Lawyer Go Now

Hurricane Harvey Resources TLIE

(8 days ago) House Bill 1774 becomes law on September 1, 2017. One provision of the bill may have the effect of decreasing the interest rate on a claim where an insurer improperly withholds payment, and of changing the interest calculation from compound interest to simple interest.

Category:  Laws Go Now

A Practical Guide to Achieving Excellence in the Practice

(5 days ago) A Practical Guide to Achieving Excellence in the Practice of Law May. 20 2015. Standards, Methods, and Self-Evaluation (American Law Institute-American Bar Association Committee on Continuing Professional Education 1992). This is an excellent indepth analysis of ways attorneys can …

Category:  Education Go Now

Conflict Avoidance Systems TLIE

(8 days ago) Firm knowledge can come from a variety of sources within the firm, including files concerning previous representations and the general knowledge of firm members. Such knowledge can be made more accessible through searches of databases maintained by a law firm and memoranda circulated among firm members prior to accepting a new matter.

Category:  Laws Go Now

Malpractice and Ethical Risks in Cloud Computing TLIE

(Just Now) The use of cloud computing by lawyers and law firms raises important malpractice and ethical risks. Potential usage of the cloud by law firms. A wide variety of programs fit the definition of cloud computing. Email may be hosted outside the law firm over the Internet, rather than …

Category:  Lawyer,  Usa Go Now

Keeping Confidences When A Lawyer Changes Firms TLIE

(9 days ago) The law clerk scenario was recently addressed by a Texas Supreme Court order in March of 2016 which added Comment 19 to Rule 1.06 and amended Comment 5 to Rule 1.09. Texas Ethics Opinion 644 , revised in July of 2016 in light of the March order, provides a good summary of Texas state case law with regard to the effectiveness of screening of all

Category:  Laws Go Now

When (And How) Can You Destroy Client Files

(5 days ago) The Kansas opinion alludes to another an interest law firms have in file retention. Firms should take into account possible statutes of limitation. In general, lawyers are better off having the file if sued for malpractice. Occasionally the file proves malpractice, but more frequently it helps explain exactly what action the lawyer took and why.

Category:  Lawyer Go Now

And When You Have Too Much Documentation… TLIE

(2 days ago) And When You Have Too Much Documentation… Legal Malpractice. The cost of storing paper files indefinitely is expensive. A proper file retention policy can save your firm a lot of money.

Category:  Laws Go Now

Can You Pay Credit Card and PayPal Fees From Trust

(1 days ago) Despite recent settlement agreements between credit card issuers and merchants which potentially allow such fees, Texas law does not allow such fees by any merchant, and it appears that enforcement of this rule has recently intensified. Texas has long prohibited such fees on credit cards in Section 339.001 of the Finance Code, and recently

Category:  Finance Go Now

Recent Texas Ethics Opinions On Contingent Fees, Non

(4 days ago) Criminal law attorneys frequently treat retainers as if they have been earned upon payment. Lawyers in other practices may do so as well when payment is consider a flat fee, even though future legal work is required. Family lawyers frequently charge a non-refundable retainer, in part to discourage shopping that works to conflict out family

Category:  Lawyer,  Family Go Now

APPLICATION FOR ATTORNEYS' PROFESSIONAL LIABILITY

(5 days ago) 19. If Applicant shares office space or expenses with another attorney or law firm, please provide details: Other Attorney or Law Firm Other Attorney Bar Number Date Sharing Began 20. (a) Is any firm member a(n): (b) Yes No Licensed escrow officer for a title company? Yes No Fee attorney for a title company?

Category:  Laws Go Now

The Role of Vendors in Avoiding Cyber Attacks and

(4 days ago) Law practices increasingly rely on a variety of vendors to provide the technology necessary to practice law. These vendors may provide physical items, such as computers, laptops and phones. They may provide computer software to carry out various tasks. They may also provide services, such as setup and management of lawyers’ computers and servers.

Category:  Lawyer Go Now

Texas Ethics Opinion 651: Email Links on Law Firm Websites

(9 days ago) Texas Ethics Opinion 651: Email Links on Law Firm Websites Conflicts, Ethics, Technology. The Professional Ethics Committee for the State Bar of Texas has issued an opinion regarding the confidentiality of emails sent by prospective clients. Opinion 651 is a critical opinion for lawyers and law firms which have websites.

Category:  Lawyer Go Now

Exposure for Double Damages to Attorneys and Law Firms

(8 days ago) Exposure for Double Damages to Attorneys and Law Firms under Medicare Part C (Medicare Advantage) Medicare provides eligible individuals the right to receive Medicare benefits through Parts A and B or through Part C of the program. Parts A and B are the original Medicare fee-for-service program providing certain hospital and medical benefits.

Category:  Laws Go Now

Privacy Policy TLIE

(2 days ago) Illustrations derived from information you provide, but not personally identifiable or identifiable to particular law firms, may be published to assist in loss prevention activities. While we do our utmost to protect your information, information transmitted over the Internet may not be completely secure.

Category:  Laws Go Now

Virtual Practice under ABA Opinion 498: Implications for

(8 days ago) In this Opinion, the ABA focused on the key areas of competence, diligence, communication, confidentiality and supervision in the context of virtual practice. It is important to note that this Opinion did not discuss every ethical duty implicated, including the unauthorized interstate practice of law under ABA Model Rule 5.5 and Texas Rule 5.05.

Category:  Laws Go Now

Professional Corporations, Professional Limited Liability

(2 days ago) Professional Corporations, Professional Limited Liability Corporations And Limited Liability Partnerships: Are They Adequate Protection From Malpractice Liability?

Category:  Laws Go Now

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