Category: Question A

  • Flat Fee Fight: What’s Really Going On?

    The State Bar's "you criminal defense lawyers are all violating the rules already" response to concerns about the rule amendment gutting flat fees, which I marked here, was written by "Lillian Hartwick," whom the response describes as "a former chair of the State Bar TDRPC Committee." (Archived PDF here.) There is no "Lillian Hartwick" licensed […]

  • The Rest of Question A

    Besides an attempt to eviscerate flat fees, what is the State Bar asking us to approve in Question A of its referendum, and is any of it worth the harm that will be done to criminal defendants in Texas? Here’s Question A: Do you favor the adoption of Proposed Rules 1.00-1.05 and 1.15-1.16 of the […]

  • Are 10,000 Texas Criminal-Defense Lawyers Wrong on Flat Fees?

    Current Disciplinary Rule 1.14 requires a Texas lawyer to hold property “belonging in whole or in part to clients” separate from her own property. Current Disciplinary Rule 1.05(d) requires her to “refund[] any advance payments of fee that has not been earned” when discharged. The State Bar’s position is that each of these lawyers in […]

  • What the State Bar Thinks About Flat Fees

    In its concerted effort to sell lawyers the bill of goods that is the amendments to the Texas Disciplinary Rules of Professional Conduct, the State Bar and its mouthpieces keep saying things like this: YOU MAY HAVE HEARD/READ: “The proposed rules will turn fee collection in the criminal defense world on its head.” CLARIFICATION: This […]

  • Refundability: When is a Fee Earned?

    More on my series of posts about the proposed amendments to the Disciplinary Rules, and specifically the State Bar’s efforts to do away with flat fees in Question A of the referendum … The State Bar’s theory appears to be that there exists a dichotomy: a fee is either “earned” or “refundable,” so that if […]

  • Freedom to Contract and Flat Fees

    Furthering my discussion of the proposed amendments to the Texas Disciplinary Rules of Professional Conduct … If you want to give me a very large gift, you may. The government will not, as a general rule, interfere. If you have giver’s remorse, neither law nor equity will require that I return the gift except in […]

  • Why Flat Fees Are Good for Clients

    I want to talk about the proposed amendments to the Texas Disciplinary Rules of Professional Conduct and the State Bar of Texas’s war on flat fees, but to care about that you need to know why flat fees are good for people charged with crimes. So your loved one is charged with a serious crime. […]