Comment on Disciplinary Rules' Proposed Amendments

The Texas Supreme Court proposed amendments to the Texas Disciplinary Rules of Professional Conduct that are broad and extensive:

• 5 newly defined terms that apply to the entire body of rules
• 40 revised rules
• 4 new rules — five if you count Rule 1.00, the new terminology rule
• 11 rules that have not been amended except through the terminology changes added by Rule 1.00.

Not since January 1, 1990 have the Disciplinary Rules undergone this level of revision. Significantly, after the 1990 revisions to the Rules, the number of disciplinary sanctions against Texas lawyers experienced a substantial increase approximately a year after the rules changed. And, the number of sanctions did not return to normal even nine years later. ("Lady or the Tiger? Opening the Door to Lawyer Discipline Standards," Bruce A. Campbell, Fla. Coastal L.J. Vol. 1, p.232-36 (1999). If there was one lesson to be learned from the last time the Rules were substantively amended, it is that it can take a decade or more for lawyers to conform their conduct to substantial changes in the Rules.

You may want to read my comments in Texas Lawyer on proposed changes to rules governing:

• Informed Consent
• Affiliated Lawyers and Entities
• Prospective Clients

Collectability, Deductibility, and Recoverability

In Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. National Development and Research Corp., et al., the Texas Supreme Court faces three issues that, if decided, could substantially affect how courts handle legal malpractice cases in Texas: collectability of underlying judgments, deduction of contingent fees from damages and recoverability of attorneys’ fees that were paid in the underlying suit.

The first issue the court could resolve concerns collectability...

Read more of Collectability, Deductibility, and Recoverability.

Dangers of Social Networking for Attorneys

Compromising or inappropriate pictures, statements, or other information on social networking sites may hinder an attorney's opportunity for employment, obtaining a license to practice law, or even result in suspension of a law license. Attorneys must recognize that their portrayal on social networking sites is considered a reflection of personal character. Read more about the dangers of social networking in "Choose Your Friends Wisely" – the next article in the Texas Lawyer legal ethics series, written by Bruce A. Campbell.


Read the article on law.com.
Download a PDF of the article.

(Photo © Bruce A. Campbell)