For about 20 years the Texas Disciplinary Rules have remained substantially the same. This year that is about to change. The Texas Supreme Court has issued proposed amendments to the Texas Disciplinary Rules of Professional Conduct. The amendments are broad and extensive. The last time the Rules underwent this level of sweeping changes was in January, 1990. 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 had not returned to normal even nine years later. Lady or the Tiger? Opening the Door to Lawyer Discipline Standards, 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. Now would be a good time to start the process of helping your insureds become aware of the changes and hopefully conform their conduct to the amendments before it is too late. For more information on this topic, see Comment on Disciplinary Rules' Proposed Amendments, Texas Lawyer, December 28, 2009, and Staying Within the Lines: Proposed Rule Changes Could Blur the Lines for Attorneys.
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Bruce A. Campbell is the managing shareholder in the law firm of Campbell & Chadwick, P.C. He has defended lawyers and other professionals on a variety of malpractice and other tort claims for more than 25 years in claims totaling more than $2 billion. Mr. Campbell may be reached by email or at 972-277-8585. |
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