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 Available to Judges, Prosecutors, Appointed Counsel.
§ 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. 327
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 Firm Names and Letterhead.
§ 4.08 Communications Concerning Qualifications and Services.
§ 4.09 Prohibited Solicitations and Payments.
§ 4.10 Advertisements in Public Media.
§ 4.11 Written, Electronic, Digital Solicitations.
§ 4.12 Filing Requirements for Advertisements, Solicitations, and Web sites.
§ 4.13 Advisory Opinions.
§ 4.14 Prohibited Employment Obtained in Violation of the Rules.
§§ 4.15-.17 [Reserved for Expansion.]
§ 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 Use.
§ 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.
§ 4.33 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 Disqualification by Delay.
§ 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 Adverse Controlling Authority.
§ 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 and Pro Bono Service.
§ 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.
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.
I. Misconduct
§ 4.65 Misconduct.
§ 4.65.1 Violations.
§ 4.65.2 Associates and Lawyer Employees.
§ 4.65.3 Non-Lawyer Assistants.
§ 4.65.4 Reporting Misconduct.
§ 4.65.5 Judicial Misconduct.
§ 4.65.6 Confidentiality Limitation.
§ 4.65.7 Jurisdiction.
J. Judicial Candidates and Criticism
§ 4.66 Judicial Candidates and Criticism.
K. The Restatement of the Law Governing Lawyers
§ 4.67 Background.
§ 4.68 Organization.
§ 4.69 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.
§ 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 Docket of Matter.
§ 5.53.4 Assignment of Judge.
§ 5.53.5 Recusal.
§ 5.53.6 Filing.
§ 5.53.7 Venue.
§ 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.
§ 5.103 Custodian.
§ 5.104 Liability.
O. Guidelines for Imposing Sanctions
§ 5.105 Purpose.
§ 5.106 General Factors:
§ 5.107 Separate Hearing on Sanctions.
§ 5.108 Sanctions Guidelines:
§ 5.109.1 Violations of Duties Owed to Clients
§ 5.109.1(A) Lack of Diligence (TRDP 15.04A).
§ 5.109.1(B) Failure to Preserve the Client’s Property (TRDP 15.04B)
§ 5.109.1(C) Failure to Preserve the Client’s Confidences (TRDP 15.04C).
§ 5.109.1(D) Failure to Avoid Conflicts of Interest (TRDP 15.04D).
§ 5.109.1(E) Lack of Candor (TRDP 15.04E).
§ 5.109.2 Violations of Duties Owed to the Legal System
§ 5.109.2(A) False Statements, Fraud and Misrepresentation (TRDP 15.05A).
§ 5.109.2(B) Abuse of the Legal Process TRDP 15.05B.
§ 5.109.2(C) Improper Communications with Individuals in the Legal System (TRDP 15.05C).
§ 5.109.3 Violations of Duties Owed to the Public
§ 5.109.3(A) Failure to Maintain Personal Integrity (TRDP 15.06A).
§ 5.109.3(B) Failure to Maintain the Public Trust (TRDP 15.06B).
§ 5.109.4 Violations of Other Duties as a Professional (TRDP 15.07).
§ 5.109.5 Prior Discipline Order (TRDP 15.08).
§ 5.109.6 Private Reprimand Limited to Evidentiary Hearings.
§ 5.109.7 Sanction Guideline Cross-Reference Table.
§ 5.110 Aggravation and Mitigation:
P. Professional Enhancement Program; Grievance Referral Program
§ 5.111 PEP, GRP: In General.
§ 5.112 GRP Program; Eligibility.
§ 5.113 GRP Program Procedure.
§ 5.114 GRP Reporting.
Q. Client-Attorney Assistance Program
§ 5.115 CAAP.
§ 5.116 Discretionary Referral.
R. Texas Lawyers’ Assistance Program
S. Miscellaneous
§ 5.118 Confidentiality.
§ 5.119 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 Post-6/1/2018
Appendix B-1: Texas Rules of Disciplinary Procedure Pre-6/1/2018
Appendix C: The Texas Lawyer’s Creed
Appendix D: Interpretive Comments to Part Seven of the Texas Disciplinary Rules of Professional Conduct
Appendix E: Supreme Court of Texas Board of Disciplinary Appeals
Appendix F: State Bar of Texas Pro Bono Policy
Table of Cases
Index
Back Page
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