Some changes in the law occur with little fanfare, while others are preceded by intense debate. Failing to understand the practical implications of these changes not only places the client at a disadvantage but could subject the attorney to a professional negligence claim. Attorneys representing insurers, policyholders and personal-injury claimants need to be sure they have adjusted their practices to comport with three changes or clarifications in the law.
1. Unsworn declaration: A recent nuts-and-bolts change in the law that received little fanfare when legislators made it is contained in Texas Civil Practice & Remedies Code §132.001. Although the change is unlikely to keep legal-malpractice attorneys up at night, it is one that applies broadly to all areas of practice.
