Monday, March 30, 2009
Sharon B. Gardner (Partner, Crain Caton & James, Houston, Texas) has recently published her article entitled Project Runaway--One Day You're In As the Attorney and the Next Day You're Out!, 1 Est. Plan. & Comm. Prop. L.J. 111 (2008).
Here is an excerpt from the article's introduction:
This article traces the history of attorney liability in Texas as it relates to probate and trust lawyers. After reviewing the general concepts of liability, this discussion will cover those claims unique to this area of practice. This article will suggest ways to reduce potential liability in these often uncharted waters. Also discussed is the viability of using arbitration agreements in fee arrangements in the context of legal representation.
The article further discusses a recent ethics opinion, requested from the State Bar of Texas by the author's law firm, regarding passing the cost of a legal malpractice claim defense to the underlying client in a way that is ethical when the claim is made by a third party.