Title
Copyright
Editor’s Note
Preface
Chapter 1. Introduction
§ 1.01 Introduction and Scope.
§ 1.02 How To Use This Volume.
Chapter 2. Guide to Lawyers’ Duties and Liabilities
§ 2.01 Guide.
I. Obtaining Clients—Advertising, Solicitations
II. Fees
III. Confidentiality of Client Information
IV. Safeguarding Property
V. Conflict of Interest
VI. Advocacy
VII. Obligations to Non-clients
VIII. Declining, Terminating Representation
IX. Misconduct
Chapter 3. Legal Malpractice in Texas
A. Background
§ 3.01 Introduction and Scope.
B. Statistics and Trends
§ 3.02 Malpractice Statistics and Trends.
C. Liability Theories
§ 3.03 Negligence.
§ 3.03.1 Gross Negligence.
§ 3.03.2 Duty to Warn.
§ 3.03.3 Scope of Engagement.
§ 3.04 Breach of Fiduciary Duty.
§ 3.05 Fraud.
§ 3.05.1 Constructive Fraud.
§ 3.06 Malicious Prosecution.
§ 3.07 Abuse of Process.
§ 3.08 Conspiracy.
§ 3.09 Duress.
§ 3.10 Breach of Contract.
§ 3.11 Deceptive Trade Practices Act.
§ 3.11.1 Applications to Lawyers.
§ 3.11.2 Scope of Liability.
§ 3.12 Breach of Implied Warranty.
§ 3.13 Breach of Disciplinary Rules.
§ 3.14 False Advertising.
§ 3.15 Sanctions.
§ 3.16 Indemnity/Contribution Claims.
§ 3.17 Securities Claims.
§ 3.18 RICO.
§ 3.19 Vicarious Liability.
§ 3.19.1 General Partnerships.
§ 3.19.2 Registered Limited Liability Partnerships.
§ 3.19.3 Professional Corporations.
§ 3.19.4 Limited Liability Company.
§ 3.19.5 Respondeat Superior.
§ 3.20 Other Liability Theories.
§ 3.20.1 Misrepresentation.
§ 3.20.2 Interference with Contractual Relations.
§ 3.20.3 Prima Facie Tort.
§ 3.20.4 Retention of Client Funds.
§ 3.20.5 Other.
D. Standard of Care: Evidentiary Considerations
§ 3.21 General Standard of Care.
§ 3.22 Locality Rule.
§ 3.23 Effect of Specialization.
§ 3.24 Expert Testimony Requirement.
E. Causation
§ 3.25 Proximate Cause; Producing Cause.
§ 3.26 Cause in Fact: Suit-Within-a-Suit Requirement.
§ 3.26.1 Collectibility.
§ 3.26.2 Defendants.
§ 3.26.3 Criminal Cases.
§ 3.26.4 Appellate Malpractice.
F. Defenses
§ 3.27 Statute of Limitations: In General.
§ 3.27.1 Legal Injury Rule.
§ 3.27.2 The Discovery Rule.
§ 3.27.3 Tolling During the Pendency of Litigation.
§ 3.27.4 Fraudulent Concealment.
§ 3.27.5 Legal Disability.
§ 3.27.6 Counterclaims, Cross-Claims.
§ 3.27.7 The Basic Two-Year and Four-Year Statutes.
§ 3.27.8 Particular Cases.
§ 3.28 Lack of Privity.
§ 3.28.1 Privity Exception: Equitable Subrogation.
§ 3.29 Comparative Negligence; Comparative Responsibility.
§ 3.30 Good Faith Defense.
§ 3.31 Underlying Claim Defense.
§ 3.32 One-Satisfaction Rule.
§ 3.33 Release.
§ 3.34 Res Judicata; Estoppel.
§ 3.35 Other Defenses.
§ 3.35.1 Defamation Privilege; Texas Citizens Participation Act.
§ 3.35.2 Tortious Interference Privilege.
§ 3.35.3 Prematurity; Exhaustion of Remedies.
§ 3.35.4 Election of Remedies.
§ 3.35.5 Failure of Consideration.
§ 3.35.6 Waiver; Estoppel; Laches.
§ 3.35.7 Ratification.
§ 3.35.8 New, Independent Cause.
§ 3.35.9 Criminal Conviction, Conduct.
§ 3.35.10 Defenses
§ 3.35.11 Suits by Adverse Parties or Counsel.
§ 3.35.12 Assignment of Legal Malpractice Causes of Action.
§ 3.35.13 Turnover of Legal Malpractice Causes of Action.
§ 3.35.14 Sovereign Immunity.
§ 3.35.15 Legislative Immunity.
§ 3.35.16 Pro Bono Service.
G. Damages
§ 3.36 General.
§ 3.36.1 Emotional Distress Economic Damages.
§ 3.36.2 Exemplary Damages.
H. Legal Malpractice Insurance
§ 3.37 Legal Malpractice Insurance.
Chapter 4. Disciplinary Rules for Lawyers—Texas Disciplinary Rules of Professional Conduct
A. Introduction
§ 4.01 Background.
§ 4.02 Organization of the Rules.
§ 4.03 Application to Disciplinary Proceedings.
§ 4.04 Application in Nondisciplinary Proceedings.
§ 4.05 Relationship to the Texas Rules of Disciplinary Procedure.
B. Commencing the Lawyer-Client Relationship: Advertising, Solicitation and Fees
§ 4.06 Advertising and Solicitation: Background.
§ 4.07 Definitions of “Advertisements” and “Solicitation.”
§ 4.08 Identity of responsible lawyer and primary practice location.
§ 4.09 Communications Concerning a Lawyer’s Services.
§ 4.10 Communications Concerning a Lawyer’s Qualifications and Fees.
§ 4.11 Prohibited Solicitations and Payments.
§ 4.13 Reciprocal Referral Arrangements.
§ 4.14 Filing Requirements for Advertisements, Solicitations, and Websites.
§ 4.15 Exemptions from Filing.
§ 4.16 Advisory Opinions.
§ 4.17 Prohibited Employment Obtained in Violation of the Rules.
§ 4.18 Fees: Unconscionability, Reasonableness.
§ 4.19 Contingent Fees.
§ 4.19.1 Criminal Case Prohibition.
§ 4.19.2 Family Law Matters.
§ 4.19.3 Class Actions.
§ 4.20 Communication of Fees; Written Fee Agreements.
§ 4.20.1 Contingent Fee Rule.
§ 4.21 Fee-Splitting with Lawyers.
§ 4.21.1 Payments to Former Members of the Firm; Lawyer Referral Programs.
§ 4.22 Fee-Splitting with Non-Lawyers.
§ 4.23 Fee Disputes.
C. Confidentiality and Security of Client Information and Property
§ 4.24 Introduction.
§ 4.25 Confidential Information Defined.
§ 4.26 Restrictions on Disclosure and Use of Confidential Information.
§ 4.26.1 Restrictions on Disclosure.
§ 4.26.2 Restrictions on
§ 4.27 Permissive Disclosure of Confidential Information.
§ 4.27.1 Permissive Disclosures Applicable to All Confidential Information.
§ 4.27.2 Permissive Disclosure of Unprivileged Information.
§ 4.28 Factors for Permissive Disclosure.
§ 4.29 Mandatory Disclosures.
§ 4.30 Client Fraud, Perjury, Other Crimes: Checklist of Duties.
§ 4.31 Safeguarding Property.
§ 4.31.1 IOLTA.
§ 4.31.2 Joint Interest in Property.
D. Conflict of Interest
§ 4.32 Conflict of Interest: Introduction.
§ 4.32.1 Conflict of Interest: The General Rule.
§ 4.32.2 Conflict of Interest: Intermediary.
§ 4.32.3 Conflict of Interest: Prohibited Transactions.
§ 4.32.4 Conflicts of Interest: Former Client.
§ 4.32.5 Conflict of Interest: Successive Government and Private Employment; Adjudicatory Officials and Law Clerks.
§ 4.32.6 Conflict of Interest: Organizations as Clients.
§ 4.32.7 Conflict of Interest: Public Interest Activities.
§ 4.32.8 Conflict of Interest: Nonprofit and Limited Pro Bono Legal Services.
§ 4.33 Disqualification: In General.
§ 4.33.1 The Disciplinary Rules as “Guidance” in Determining Motions to Disqualify.
§ 4.33.2 Standards for Disqualification.
§ 4.33.3 Review of Disqualification Decisions.
§ 4.33.4 Waiver of
§ 4.33.5 Particular Cases: Cases Requiring Disqualification.
§ 4.33.6 Particular Cases: Cases Not Requiring Disqualification.
§ 4.33.7 Disqualification in Federal Court.
§ 4.33A The Restatement.
E. Advocacy
§ 4.34 Introduction.
§ 4.35 Competent, Diligent Representation.
§ 4.36 Neglect.
§ 4.37 Communication.
§ 4.38 Scope and Objectives of Representation.
§ 4.39 Settlement Agreements.
§ 4.40 Criminal, Fraudulent Client Conduct.
§ 4.40.1 A Client’s Proposed Misconduct: Duty to Dissuade.
§ 4.40.2 Prior Client Misconduct. Duty to Persuade.
§ 4.41 Guardian, Legal Representatives.
§ 4.42 Frivolous Claims.
§ 4.43 Minimizing Litigation Burdens, Delays.
§ 4.44 Candor Toward Tribunals.
§ 4.44.1 False Statements, Evidence.
§ 4.44.2 Subsequent Discovery of Falsity.
§ 4.44.3 False Evidence Introduced by Another.
§ 4.44.4 Disclosures to Avoid Criminal/Fraudulent Acts.
§ 4.44.5 Disclosures in Ex Parte Proceedings.
§ 4.44.6 Disclosure of
§ 4.44.7 Duration of Obligations.
§ 4.45 Fairness in Adjudicatory Proceedings.
§ 4.45.1 Obstructing Access to Evidence.
§ 4.45.2 Falsifying Evidence.
§ 4.45.3 Payments to Witnesses.
§ 4.45.4 Rule Violations.
§ 4.45.5 References to Irrelevant, Inadmissible Matters.
§ 4.45.6 Personal Opinions, Knowledge.
§ 4.45.7 Degrading Questions.
§ 4.45.8 Disruptive Conduct.
§ 4.45.9 Discriminatory Activities.
§ 4.46 Maintaining the Impartiality of a Tribunal.
§ 4.47 Maintaining the Integrity of the Jury System.
§ 4.47.1 Juror Investigations.
§ 4.47.2 Communications with Jurors.
§ 4.47.3 Family Members.
§ 4.47.4 Juror Misconduct.
§ 4.48 Trial Publicity.
§ 4.48.1 General Prohibition.
§ 4.48.2 Impermissible Statements.
§ 4.48.3 Permissible Statements.
§ 4.49 Lawyer as Witness.
§ 4.49.1 Lawyer Testimony for Client—Necessary Witness for “Essential Fact.”
§ 4.49.2 Lawyer Testimony—Adverse to the Client.
§ 4.49.3 Advocate From Same Firm as the Lawyer-Witness.
§ 4.49.4 Disqualification Standards.
§ 4.50 Prosecutor’s Duties.
§ 4.50.1 Probable Cause Requirement.
§ 4.50.2 Advising of Right to Counsel.
§ 4.50.3 Waivers of Rights of Unrepresented Persons.
§ 4.50.4 Disclosure of Mitigating Evidence.
§ 4.50.5 Extrajudicial Statements by Employees or Agents.
§ 4.51 Appointments
§ 4.52 Nonadjudicative Proceedings.
F. Obligations to Non-clients
§ 4.53 Truthfulness in Statements to Others.
§ 4.53.1 Disclosures to Third Persons.
§ 4.54 Communications with Persons Represented by Counsel.
§ 4.54.1 Communication with an Adverse Party’s Employees.
§ 4.54.2 Client-to-Client Communications.
§ 4.54.3 Communications with Adverse Party’s Former Employees.
§ 4.54.4 Communications with Adverse Party’s Expert Witnesses.
§ 4.54.5 Second Opinions.
§ 4.55 Communications with Unrepresented Persons.
§ 4.56 Using Improper Tactics Against Third Persons.
§ 4.56.1 Threatening to Bring Charges.
G. Unauthorized Practice of Law
§ 4.57 Unauthorized Practice of Law.
§ 4.57.1 Practice in Other Jurisdictions.
§ 4.57.2 Restrictions on the Right to Practice.
§ 4.57.3 Practice by or with Non-Lawyers.
§ 4.57.4 Nonlawyer Preparing Legal Instrument Affecting Title to Real Property.
H. Declining or Terminating Representation
§ 4.58 Declining or Terminating Representation.
§ 4.59 Mandatory Termination of Representation.
§ 4.60 Representation Resulting in Violation of Rules.
§ 4.61 Physical, Mental or Psychological Incompetence.
§ 4.62 Discharge of Lawyer.
§ 4.63 Permissive Withdrawal.
§ 4.64 Assisting a Client Upon Withdrawal.
§ 4.65 Clients with Diminished Capacity.
I. Misconduct
§ 4.66 Misconduct.
§ 4.66.1 Violations.
§ 4.66.2 Associates and Lawyer Employees.
§ 4.66.3 Non-Lawyer
§ 4.66.4 Reporting Misconduct.
§ 4.66.5 Judicial Misconduct.
§ 4.66.6 Confidentiality Limitation.
§ 4.66.7 Jurisdiction.
J. Judicial Candidates and Criticism
§ 4.67 Judicial Candidates and Criticism.
K. The Restatement of the Law Governing Lawyers
§ 4.68 Background.
§ 4.69 Organization.
§ 4.70 The Restatement and the Texas Disciplinary Rules.
Chapter 5. Texas Rules of Disciplinary Procedure
A. Introduction
§ 5.01 Background; Grievance Statistics.
§ 5.02 Organization, Summary.
B. Commission for Lawyer Discipline
§ 5.03 Permanent Committee.
§ 5.04 Composition; Appointment.
§ 5.05 Commission Advisors.
§ 5.06 Compensation.
§ 5.07 Immunity.
§ 5.08 Duties.
§ 5.09 Public Information and Access.
§ 5.09.1 Public and Media Inquiries.
§ 5.09.2 Telephone Inquiries.
§ 5.09.3 Records; Reports.
C. District Grievance Committees
§ 5.10 Disciplinary Districts and Grievance Committee Subdistricts.
§ 5.11 Composition of Committees.
§ 5.12 Terms of Office.
§ 5.13 Compensation.
§ 5.14 Immunity.
§ 5.15 Service on Grievance Panels; Disqualification.
§ 5.16 Composition of Grievance Panels.
§ 5.17 Panel Voting.
§ 5.18 District Disability Committees.
§ 5.18.1 Purpose.
§ 5.18.2 Composition.
§ 5.18.3 Appointment.
§ 5.18.4 Immunity.
§ 5.18.5 Rules Governing Members.
D. Chief Disciplinary Counsel
§ 5.19 Selection.
§ 5.20 Duties.
§ 5.21 Accountability.
§ 5.22 Immunity.
E. Board of Disciplinary Appeals
§ 5.23 Purpose.
§ 5.24 Composition.
§ 5.25 Terms of Office.
§ 5.26 Board Chairperson.
§ 5.27 Quorum.
§ 5.28 Compensation.
§ 5.29 Immunity.
§ 5.30 Recusal and Disqualification.
§ 5.31 Duties and General Procedures.
§ 5.31.1 Internal Procedural Rules.
§ 5.31.2 Appeal to Supreme Court.
§ 5.31.3 Trial Briefs.
§ 5.31.4 Additional Rules.
F. Procedural Matters
§ 5.32 Subpoenas.
§ 5.33 Investigatory Hearings.
§ 5.34 Enforcement of Judgments.
§ 5.34.1 Judgments Enforceable.
§ 5.34.2 Enforcement.
§ 5.35 Related Litigation.
§ 5.35.1 Delay or Abatement.
§ 5.35.2 Res Judicata and Estoppel.
§ 5.36 Delay or Settlement by Complainant.
§ 5.37 Time.
§ 5.37.1 Computation of Time.
§ 5.37.2 Mandatory/Directory Time Limitations.
§ 5.38 Limitations on Disciplinary Action.
§ 5.39 Lawyer’s Residence.
§ 5.40 Privilege.
§ 5.41 Maintenance of Funds or Other Property Held for Clients and Others.
G. Grievance Process
§ 5.42 In General.
§ 5.43 Disciplinary Actions are “Civil” in Nature.
§ 5.44 Classification of Inquiries and Complaints.
§ 5.44.1 Inquiry.
§ 5.44.2 Complaint.
§ 5.44.3 Discretionary Referral.
§ 5.44.4 Professional Misconduct.
§ 5.45 Inquiries.
§ 5.46 Complaints.
§ 5.47 Appeal of Classification.
§ 5.48 Venue.
§ 5.48.1 Evidentiary Panel Proceedings.
§ 5.48.2 Summary Disposition Panel Proceedings.
§ 5.48.3 Investigatory Panel Proceedings. For grievances filed on or after June 1, 2018, “The Chief Disciplinary Counsel may set a Complaint for an investigatory hearing. The hearing will be set before an Investigatory Panel and is a nonadversarial proceeding that may be conducted by teleconference. The chair of the Investigatory Panel may administer oaths and may set forth procedures for eliciting evidence, including witness testimony. Witness examination may be conducted by the Chief Disciplinary Counsel, the respondent, or the Panel. An investigatory hearing is strictly confidential and any record may be released only for use in a disciplinary matter.” TDRP 2.12F.
§ 5.49 Motion to Transfer.
§ 5.50 Investigation by the Chief Disciplinary Counsel.
§ 5.51 Summary Disposition Docket.
§ 5.52 Evidentiary Panel Proceedings.
§ 5.52.1 Failure to Request a Trial De Novo.
§ 5.52.2 Transfer of Matter.
§ 5.52.3 Appointment of Evidentiary Panel.
§ 5.52.4 Composition of Evidentiary Panel.
§ 5.52.5 Procedure.
§ 5.52.6 Sanctions.
§ 5.52.7 Restitution.
§ 5.52.8 Revocation Procedure for Probated Suspension.
§ 5.52.9 Appeal.
§ 5.52.10 Supersedeas or Stay of Disbarment Order.
§ 5.52.11 Stay of Suspension.
§ 5.53 Trial De Novo in District Court.
§ 5.53.1 Election of District Court.
§ 5.53.2 Disciplinary Petition.
§ 5.53.3 Assignment of Judge.
§ 5.53.4 Recusal.
§ 5.53.5 Venue.
§ 5.53.6 Filing.
§ 5.53.7 Transfer of Case.
§ 5.53.8 Answer.
§ 5.53.9 Discovery.
§ 5.53.10 Trial by Jury.
§ 5.53.11 Trial Setting.
§ 5.53.12 Burden of Proof.
§ 5.53.13 Abatement or Delay of Trial.
§ 5.53.14 Judgment Expunction.
§ 5.53.15 Sanctions.
§ 5.53.16 Terms of Judgment.
§ 5.53.17 Restitution.
§ 5.53.18 Revocation Procedure for Probated Suspension.
§ 5.53.19 Supersedeas or Stay of Disbarment Probation Revocation.
§ 5.53.20 Stay of Suspension.
§ 5.53.21 Cost and Appeal Bond.
§ 5.53.22 Appeal.
H. Compulsory Discipline
§ 5.54 In General.
§ 5.55 Petition.
§ 5.56 Board of Disciplinary Appeals.
§ 5.56.1 Review by Texas Supreme Court.
§ 5.57 Suspension.
§ 5.58 Decision.
§ 5.58.1 Conclusive Evidence.
§ 5.58.2 Affidavits.
§ 5.58.3 Other Evidence.
§ 5.58.4 Time for Decision.
§ 5.59 Disbarment.
I. Reciprocal Discipline
§ 5.60 Orders From Other Jurisdictions.
§ 5.60.1 Prima Facie Evidence.
§ 5.61 Notice.
§ 5.62 Answer.
§ 5.63 Failure to File Answer.
§ 5.64 Determination of Case.
J. Interim Suspension
§ 5.65 In General.
§ 5.66 Procedure.
§ 5.66.1 Irreparable Harm.
§ 5.66.2 Petition.
§ 5.66.3 Hearing.
§ 5.66.4 Burden of Proof.
§ 5.66.5 Evidentiary Standard.
§ 5.67 Order.
§ 5.68 Custodian.
§ 5.69 Non-Sanction Effect.
K. Resignation in Lieu of Disciplinary Action
§ 5.70 In General.
§ 5.71 Motion.
§ 5.72 Filing.
§ 5.73 Effectiveness of Motion.
§ 5.74 Response of Chief Disciplinary Counsel.
§ 5.75 Withdrawal of Motion for Resignation.
§ 5.76 Effect of Filing.
§ 5.77 Notification of Disposition.
§ 5.78 Effect of Resignation.
L. Reinstatement after Disbarment or Resignation
§ 5.79 Eligibility.
§ 5.80 Venue.
§ 5.81 Petition.
§ 5.82 Duty to Amend Petition.
§ 5.83 Burden of Proof.
§ 5.84 False Statements.
§ 5.85 Notice.
§ 5.86 Nonjury Determination.
§ 5.87 Relevant Factors for Determination.
§ 5.88 Judgment.
§ 5.88.1 Reinstatement.
§ 5.88.2 Admissions Requirement.
§ 5.88.3 Default.
§ 5.88.4 Denial or Abeyance of Reinstatement.
§ 5.88.5 Protection of Public and Clients.
§ 5.89 Appeal, Stay.
§ 5.90 Readmission.
§ 5.91 Repetitioning.
M. Disability Suspension
§ 5.92 Disability.
§ 5.93 Grounds for Suspension.
§ 5.94 Procedure.
§ 5.94.1 Finding of Disability.
§ 5.94.2 Appointment of Lawyer.
§ 5.94.3 Forwarding the Record.
§ 5.94.4 Review of District Disability Committee.
§ 5.95 Suspension.
§ 5.96 Confidentiality.
§ 5.97 Effect on Limitations.
§ 5.98 Reinstatement.
§ 5.99 Disciplinary Probation.
§ 5.99.1 Eligibility.
§ 5.99.2 Period of Probation.
§ 5.99.3 Conditions of Probation.
§ 5.99.4 Administration of Disability Probation.
§ 5.99.5 Revocation of Probation; Imposition of Other Conditions.
§ 5.100 Appeal.
§ 5.100.1 Appeal of District Court Decision.
§ 5.100.2 Appeal of Board of Disciplinary Appeals Decision.
N. Cessation of Practice
§ 5.101 Requirement of Notice.
§ 5.101.1 Parties Receiving Notice.
§ 5.101.2 Person Supplying Notice.
§ 5.102 Assumption of Jurisdiction.
§ 5.102.1 Petition.
§ 5.102.2 Hearing on an Application to Assume Jurisdiction.
§ 5.102.3 Assumption of Jurisdiction by a Court.
§ 5.102.4 Liability.
§ 5.103 Voluntary Appointment of Custodian Attorney for Cessation of Practice.
O. Imposing Sanctions
§ 5.104 Purpose.
§ 5.105 General Factors:
§ 5.106 Separate Hearing on Sanctions.
§ 5.107 Sanctions Guidelines:
§ 5.108.1 Violations of Duties Owed to Clients
§ 5.108.1(A) Lack of Diligence (TRDP 15.04A).
§ 5.108.1(B) Failure to Preserve the Client’s Property (TRDP 15.04B).
§ 5.108.1(C) Failure to Preserve the Client’s Confidences (TRDP 15.04C).
§ 5.108.1(D) Failure to Avoid Conflicts of Interest (TRDP 15.04D).
§ 5.108.1(E) Lack of Candor (TRDP 15.04E).
§ 5.108.2 Violations of Duties Owed to the Legal System
§ 5.108.2(A) False Statements, Fraud and Misrepresentation (TRDP 15.05A).
§ 5.108.2(B) Abuse of the Legal Process (TRDP 15.05B).
§ 5.108.2(C) Improper Communications with Individuals in the Legal System (TRDP 15.05C).
§ 5.108.3 Violations of Duties Owed to the Public
§ 5.108.3(A) Failure to Maintain Personal Integrity (TRDP 15.06A).
§ 5.108.3(B) Failure to Maintain the Public Trust (TRDP 15.06B).
§ 5.108.4 Violations of Other Duties as a Professional (TRDP 15.07).
§ 5.108.5 Violation of a Prior Discipline Order (TRDP 15.08).
§ 5.108.6 Private Reprimand Limited to Evidentiary Hearings.
§ 5.108.7 Sanction Guideline Cross-Reference Table.
§ 5.109 Aggravation and Mitigation:
P. Grievance Referral Program
§ 5.110 PEP, GRP: In General.
§ 5.111 GRP Program; Eligibility.
§ 5.112 GRP Program Procedure.
§ 5.113 GRP Reporting.
Q. Client-Attorney Assistance Program
§ 5.114 CAAP.
§ 5.115 Discretionary Referral.
R. Texas Lawyers’ Assistance Program
S. Miscellaneous
§ 5.117 Confidentiality.
§ 5.118 Limitations.
Chapter 6. Texas Lawyer’s Creed
A. Introduction
§ 6.01 Background, Purpose.
§ 6.02 Local Professionalism Codes.
B. Duties Created by the Texas Lawyer’s Creed
§ 6.03 Generally.
§ 6.04 Duties to the Legal System.
§ 6.05 Duties to Clients.
§ 6.05.1 Mandatory Notices to Client.
§ 6.05.2 Other Duties to Clients.
§ 6.05.3 Limits on Duties to Clients.
§ 6.06 Duties to Other Lawyers.
§ 6.06.1 General Duties.
§ 6.06.2 Client Attitudes.
§ 6.06.3 Non-retaliation.
§ 6.06.4 Communications.
§ 6.06.5 Document Revisions.
§ 6.06.6 Cancellations.
§ 6.06.7 Extensions of Time, Waiver of Formalities.
§ 6.06.8 Service.
§ 6.06.9 Objections.
§ 6.06.10 Disagreeable Conduct; Client Control.
§ 6.06.11 Default Judgments.
§ 6.06.12 Submission, Approval of Orders.
§ 6.06.13 Scheduling Depositions, Hearings.
§ 6.06.14 Stipulations.
§ 6.06.15 Abusive Discovery.
§ 6.07 Duties to and from Judges.
§ 6.07.1 Reciprocal Duties.
§ 6.07.2 Duties to Judges.
C. Enforcement
§ 6.08. Enforcement Generally.
§ 6.09 Enforcement Under the Inherent Powers Doctrine.
§ 6.10 Enforcement Under “Rules Already in Existence”—TRCP.
§ 6.10.1 TRCP 13.
§ 6.10.2 TRCP 18a.
§ 6.10.3 TRCP 21b.
§ 6.10.4 TRCP 166a.
§ 6.10.5 1999 Discovery Rules.
§ 6.10.6 TRCP 269.
Appendix A: Texas Disciplinary Rules of Professional Conduct
Appendix B: Texas Rules of Disciplinary Procedure
Appendix C The Texas Lawyer—s Creed
Appendix D Supreme Court of Texas Board of Disciplinary Appeals Internal Procedural Rules
Appendix E State Bar of Texas Pro Bono Policy
Table of Cases
Index
Back Page
.
Unlimited access to on-demand CLE content from well-respected faculty in the legal industry
