(a) Except as provided by Subsection (b), a financial statement filed with the commission must be filed by computer diskette, modem, or other means of electronic transfer, using computer software provided by the commission or computer software that meets commission specifications for a standard file format. Such a violation could occur, for example, when the former partners or associates retained materials in their files from the earlier representation of the client that, if disclosed or used in connection with the subsequent representation, would violate Rule 1.05(b)(1) or (b)(3). June 18, 2005. September 1, 2009. Client-Lawyer Relationship 1.01 Competent & Diligent Representation 1.02 Scope and Objectives of Representation 1.03 Communication 1.04 Fees (amended March 1, 2005) 1.05 Confidentiality of Information 1.06 Conflict of Interest: General Rule 1.07 Conflict of Interest: Intermediary 1.08 Conflict of Interest: Prohibited Transactions LAW INST. June 17, 2005. RT @washingtonpost: The Texas Senate voted Wednesday to begin the historic impeachment trial of Attorney General Ken Paxton on Sept. 5, and it approved rules that bar Paxtons wife from voting due to a conflict of interest. In this chapter, "regulation" means rulemaking, adjudication, or licensing. 4A. Forms of intermediation range from informal arbitration, where each client's case is presented by the respective client and the lawyer decides the outcome, to mediation, to common representation where the clients interests are substantially though not entirely compatible. The following is a brief, limited review of the law of conflicts of interest in Texas. Conflict of Interest Exceptions for Nonprofit and Limited Pro Bono Legal Services Do you favor the adoption of Proposed Rule 6.05 of the Texas Disciplinary Rules of Professional Conduct, as published in the January 2021 issue of the Texas Bar Journal? Added by Acts 1993, 73rd Leg., ch. 268, Sec. BAR ASSN 1983); RESTATEMENT (THIRD) OF THE LAW GOVERNING LAWYERS 123 cmt. (d) An individual nominated to fill a vacancy in a nomination as a candidate for a position as an elected officer under Chapter 145, Election Code, shall file the financial statement not later than the 15th day after the date the certificate of nomination required by Section 145.037 or 145.038, Election Code, is filed. 572.0252. A law firm is not prohibited from representing a client under paragraph (f) merely because a nonlawyer employee of the firm, such as a paralegal or legal secretary, has a conflict of interest arising from prior employment or some other source. 3514), Sec. AllRightsReserved. (2) the lawyer reasonably believes that the matter can be resolved without the necessity of contested litigation on terms compatible with the client's best interests, that each client will be able to make adequately informed decisions in the matter and that there is little risk of material prejudice to the interests of any of the clients if the contemplated resolution is unsuccessful; and Sept. 1, 2003. hbbd``b`~$CC`y $8O4X"4$HO A E. Information About Legal Services (Lawyer Advertising and Solicitation) GA-0446. 5.06, eff. 521 (S.B. INFORMATION ABOUT SERVICES FOR LOBBYISTS OR LOBBYIST EMPLOYERS. A state agency shall immediately notify the commission of the appointment or employment of an executive head of the agency. 220), Sec. (E) the amount of fees paid to the individual's firm, if applicable, and whether the amount is: (c) For purposes of Subsections (b)(8) and (14), a blind trust is a trust as to which: (C) is not required to register as a lobbyist under Chapter 305; (D) is not a public officer or public employee; and, (E) was not appointed to public office by the individual or by a public officer or public employee the individual supervises; and. Amended by Acts 1997, 75th Leg., ch. Other relevant factors are whether the lawyer subsequently will represent both parties on a continuing basis and whether the situation involves creating a relationship between the parties or terminating one. 501), Sec. 4. 1, eff. 1134, Sec. Texas 5. INFORMATION ABOUT LEGISLATORS' REPRESENTATION BEFORE EXECUTIVE STATE AGENCIES. Rule 1.06(a)(2). Acts 2007, 80th Leg., R.S., Ch. (b) In this section, "controlling interest" includes: (1) an ownership interest or participating interest by virtue of shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of the business entity; or. (d) For a gift of cash or a cash equivalent such as a negotiable instrument or gift certificate that is reported in accordance with Section 572.023(b)(7), the individual filing the statement shall include in the description of the gift a statement of the value of the gift. 572.0295. Competent and Diligent Representation 10 Rule 1.02. September 1, 2015. Whether this interpretation is accurate or not, if the clients interests were materially and directly adverse at the outset, the consent does not cure the conflict. Added by Acts 2015, 84th Leg., R.S., Ch. 572.035. (C) a river authority created under the Texas Constitution or a statute of this state. 1652), Sec. rules (c) In a prosecution for failure to file a financial statement under this section, it is a defense that the individual did not receive copies of the financial statement form required by this subchapter to be mailed to the individual. If a substantial relationship exists, the courts apply a conclusive, irrebuttable presumption that confidential information was received by the lawyer in the course of representing the former client. The third situation where representation adverse to a former client is prohibited is where the representation involves the same or a substantially related matter. (b) An individual who is appointed to serve as a salaried appointed officer or an appointed officer of a major state agency or who is appointed to fill a vacancy in an elective office shall file a financial statement not later than the 30th day after the date of appointment or the date of qualification for the office, or if confirmation by the senate is required, before the first committee hearing on the confirmation, whichever date is earlier. CERTAIN GRATUITIES AUTHORIZED. (B) the substance, effects, or potential effects of a legislative measure. Sept. 1, 1993. (g) In this section, the comptroller and the secretary of state are not excluded from the definition of "regulatory agency.". 2018 PRACTICE QUESTIONS FOR - University of Houston PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF CONDUCT, AND CONFLICT OF INTEREST. 3. 42), Sec. 5. September 1, 2007. 572.030. (c) After the second anniversary of the date the individual ceases to be a state officer, the commission may and on notification from the former state officer shall destroy each financial statement filed by the state officer. Court decisions in Texas have not provided any exception for the creation of Chinese Walls shielding new attorneys from receipt of confidential information, though such Chinese Walls have been approved when non-attorney firm personnel are involved. (a) A lawyer shall not represent opposing parties to the same litigation. GENERAL DEFINITIONS. Rule 1.08 - Conflict of Interest: Prohibited Transactions (a) A lawyer shall not enter into a business transaction with a client unless: (1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed in a manner which can be reasonably understood by the client; (c) A financial statement is timely filed if it is properly addressed and placed in the United States Post Office or in the hands of a common or contract carrier not later than the last day for filing the financial statement. (c) In this section, "governmental entity" means the state, a political subdivision of the state, or a governmental entity created under the Texas Constitution or a statute of this state. Sec. 5.06(a), eff. Sec. Rule 1.7 Conflict of Interest: Current Clients - Comment The disclosure shall be entered in the minutes of the meeting. Supreme Court rules that Texas cannot challenge new deportation 2685), Sec. Except as otherwise provided by this chapter and Chapters 2156, 2157, and 2158: (1) "Goods" Under this Rule, any condition or circumstance that prevents a particular lawyer either from acting as intermediary between clients, or from representing those clients individually in connection with a matter after an unsuccessful intermediation, also prevents any other lawyer who is or becomes a member of or associates with that lawyer's firm from doing so. Conflict of Interest More than 3,000 workers at over 150 Starbucks stores in the United States will walk off the job, the union said on Friday. NOTICE REQUIRED FOR INTRODUCTION OR SPONSORSHIP OF OR VOTING ON CERTAIN MEASURES OR BILLS BY LEGISLATORS. 501), Sec. 8. 2, eff. On making a determination that the statement is late, the commission shall immediately mail a notice of the determination to the individual responsible for filing the statement and to the appropriate attorney for the state. (c) To protect the independence of state and local officers acting in a legislative capacity, a state or local officer, whether elected or appointed, including a member of the governing body of a school district or other political subdivision of this state, may not be subject to disciplinary action or a sanction, penalty, disability, or liability for: (1) an action permitted by law that the officer takes in the officer's official capacity regarding a legislative measure; (2) proposing, endorsing, or expressing support for or opposition to a legislative measure or taking any action permitted by law to support or oppose a legislative measure; (3) the effect of a legislative measure or of a change in law proposed by a legislative measure on any person; or. Sept. 1, 1993. 1, eff. The Texas Senate voted Wednesday to begin the historic impeachment trial of Attorney General Ken Paxton on Sept. 5, and it approved rules that bar Paxtons wife from voting due to a conflict of interest. (2) the category of the amount of any fee accepted for making a referral for legal services. 22 Jun 2023 12:02:54 (a-1) Before permitting a member of the public to view a financial statement filed under this subchapter or providing a copy of the statement to a member of the public, the commission shall remove from the statement, if applicable, the home address of: (2) a member of the governing board or executive head of the Texas Civil Commitment Office.