Issue Number 1, 2013

In 2011, the Texas Legislature passed HB 274 which directed the Supreme Court to establish rules to discourage frivolous litigation and to require expedited jury trials in cases where damages are $100,000 or less. The Supreme Court published the final rules in 2012, to be effective March 1, 2013, after review by several Supreme Court committees and proposals for implemention of the legislation by various bar groups.

The cost of data breaches has risen significantly in the past few years, for many reasons. Computerization of health and financial records combined with more stringent privacy laws has created large potential liabilities for any business having certain types of information. 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. The insurance available for potential losses will also be considered.

Texas Lawyers' Professional Insurance Agency announced the availability of cyber liability and data breach insurance for law firms.

The State Bar of Texas has selected Texas Lawyers' Insurance Exchange as a “Preferred Provider” of lawyers' professional liability insurance. 

TLIE offers free Loss Prevention Services for its insureds, as well as low cost continuing education and certain other free resources for all attorneys.