OCTOBER 2012 • VOLUME 75, NUMBER 9 DEPARTMENTS 670 672 674 676 716 720 Spectrum Letters to the Editor President’s Opinion Technology TYLA President’s Opinion IN THIS ISSUE This issue of the Texas Bar Journal takes a look at different aspects of attorneys’ fees. Articles provide practical information to help Texas lawyers in their billing procedures and collections as well as avoid ethical issues in dealing with clients. PAGE 679 . Disciplinary Actions 726 Lawyers on the Move 728 Memorials 730 Classifieds 734 Client Page 736 State Bar & Beyond 737 Lawyers/Community Leaders 738 Pro Bono Champion FEATURES 679 Attorneys’ Fees 680 Attorneys’ Fees (Getting Paid for What You Do) BY CHARLES E. HARDY 684 Preparing an Effective Engagement Letter BY MARK D. WHITE 690 Attorneys’ Fees Problem Areas and How to Avoid Fee Disputes BY RANDY JOHNSTON AND ROBERT L. TOBEY 694 Is Any Retainer Truly Non-Refundable? BY CYNTHIA CANFIELD HAMILTON 696 One Lawyer’s Perspective: A Second Look at Ethics Opinion 610 BY FREDERICK C. MOSS 700 Is Texas Becoming the Lodestar State?: A Practitioner’s Guide to Recovering Attorneys’ Fees Under the Lodestar Method BY JOSEPH F. CLEVELAND, JR. AND ALEX HARRELL 706 Shifting Costs Under the Texas and Federal Rules BY RICHARD J. PLEZIA 710 What In-House Attorneys Wish Outside Counsel Knew About Legal Fees BY KATHERINE A. COMPTON 712 Supreme Court Order Adopting Amendments to Texas Rules of Appellate Procedure 9, 38, 49, 52, 53, 55, 64, 68, 70, and 71 718 Solo/Small Firm: Legal Fee Arrangements and Billing Practices The Texas Bar Journal (ISSN 0040-4187) is published monthly, except August, by the State Bar of Texas, 1414 Colorado, Austin, TX 78701, as a service to the profession. One copy of each issue is furnished to members as part of their State Bar dues. Subscription price to others, $12 (including sales tax); $15 to foreign countries. Single copies, $2.50 each (including sales tax). Periodicals Postage Paid at Austin, Texas and at additional mailing offices. POSTMASTER: Send address changes to Texas Bar Journal , P .O. Box 12487, Austin, Texas 78711-2487. Canadian Publication Agreement No. 40778512. Returns to: Station A, Box 54, Windsor ON N9A 6J5.