Time remains to comment on proposed conflicts rules

Guest post by Terry O. Tottenham, State Bar of Texas President

The State Bar of Texas Board of Directors will meet on Friday, Nov. 5, at 10:30 a.m. at the Law Center in Austin, to finalize recommendations to the Supreme Court of Texas regarding proposed amendments to the Texas Disciplinary Rules of Professional Conduct. On Oct. 1, the Board made a recommendation to the Court, but qualified it with regard to four Rules concerning conflicts of interest (proposed Rules 1.06, 1.07, 1.08, and 1.09), asking for more time to understand potential issues regarding those Rules. Click here for a comparison of current TDRPC Rules 1.06-1.09, the applicable ABA Model Rules, and the proposed rules with the DCAAP Committee recommendations in red.

The Court agreed to give the State Bar until Nov. 5 to consider these issues further and until Nov. 8 to report back to the Court.

The State Bar of Texas needs to hear from you of any concerns or issues you might have regarding Rules 1.06-1.09 preferably with potential solutions also provided. Asking for an extension of the Court’s deadline was a serious decision that was not taken lightly by Directors. The State Bar will continue to accept information from Texas lawyers and the public about what changes, if any, might be recommended to the Court regarding the Conflicts of Interest proposed rules. To ensure that this input receive full consideration, I would ask you to provide feedback by Oct. 20. In addition to mail (State Bar of Texas, c/o Ray Cantu, P.O. Box 12487, Austin 78711) and email (rcantu@texasbar.com), the State Bar of Texas Board Disciplinary Client Attorney Assistance Program Committee has invited representatives of those who have expressed concerns with the conflicts rules to meet and discuss concerns on Wednesday, Oct. 20, 10:30 a.m. – noon at the Belo Mansion, 2101 Ross Ave., Dallas. If you have concerns or want to be part of that discussion, I encourage you to attend the meeting.

Those who want to recommend change are encouraged to provide alternate language to replace verbiage in the current proposed Rules. Many qualified lawyers have spent years reviewing these proposals, sifting through public comment and multiple committee ideas, to reach the compromises that have created the proposals that are now before us. In fact, proposed changes have been recommended following the State Bar public education hearings and comment period and are included in this draft of the proposed Rules with comments. Those recommended changes were achieved through thoughtful proposals brought to the table with clear “fixes” proposed, discussed, and accepted. We hope that this additional time will bring more understanding of these proposed Rules and if needed make them better for Texas lawyers and their clients.

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