The State Bar of Texas Board of Directors voted September 25 to petition the Supreme Court to order a vote of bar members on proposed amendments to the Texas Disciplinary Rules of Professional Conduct and Texas Rules of Disciplinary Procedure, as provided by Tex. Govt. Code 81.0877. On September 29, the court issued an order calling a referendum on the proposed rule changes.
Under the order, voting will take place by paper and online ballot from February 2 to March 4, 2021. The proposals involve the following subjects:
A. Scope and Objectives of Representation; Clients with Diminished Capacity
B. Confidentiality of Information—Exception to Permit Disclosure to Secure Legal Ethics Advice
C. Confidentiality of Information—Exception to Permit Disclosure to Prevent Client Death by Suicide
D. Conflict of Interest Exceptions for Nonprofit and Limited Pro Bono Legal Services
E. Information About Legal Services (Lawyer Advertising and Solicitation)
F. Reporting Professional Misconduct and Reciprocal Discipline for Federal Court or Federal Agency Discipline
G. Assignment of Judges in Disciplinary Complaints and Related Provisions
H. Voluntary Appointment of Custodian Attorney for Cessation of Practice
The Committee on Disciplinary Rules and Referenda and the State Bar Board of Directors approved the eight proposals for inclusion on the ballot. For a rule change to take effect under this process, it must be approved by the committee, the board, the State Bar membership, and the Supreme Court.
For more information on the rules vote, including a copy of the proposed rule changes, go to texasbar.com/rulesvote.