Project Runaway—One Day You’re in as the Attorney and the Next Day You’re Out!



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Journal ISSN

Volume Title


Estate Planning & Community Property Law Journal


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, the articles discusses claims unique estate planning, probate, and trust law. This article then suggests ways to reduce potential liability in these often uncharted waters. 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 the legal malpractice claim defense to the underlying client in a way that is ethical when the claim is made by a third party.



Malpractice, Trust, Liability, Fee for forfeiture, Higher standard of care, Fee agreements, Deceptive trade practices


1 Est. Plan. & Cmty. Prop. L. J. 111