Have clear written communications about whom you represent. /Group << 10 0 obj << Att'y Gen. Op. o Rules of Ethics 1.06, 1.07, 1.08 and 1.09, 2020 State Bar of Texas | 800.204.2222 ext. 39 0 obj /Contents [622 0 R 623 0 R 624 0 R] /CS /DeviceRGB /Parent 39 0 R /Parent 2 0 R %PDF-1.4 Tex. /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] I CLIENT-LAWYER RELATIONSHIP 1.06 Conflict of Interest: General Rule endobj Att'y Gen. Op. /Parent 20 0 R /Count 1 /Group << << endobj <> /Group << endobj /K false } >> The information provided and the opinions expressed in this monograph are solely those of the author. /XObject << /MediaBox [0 0 612 792] 75 0 obj /Parent 2 0 R /MediaBox [0 0 612 792] >> If such a conflict arises after representation has been undertaken, the lawyer must take effective action to eliminate the conflict, including withdrawal if necessary to rectify the situation. 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. >> >> endobj 67 0 obj /4e498cc9-5b17-48f8-8832-9e513b36973d 589 0 R Leverage technology. The problem is that there will always be a dynamic tension among at least four "moving targets" of conduct: (a) the lofty "conflict rules" that govern attorney conduct, (b) the permit to relax some parts of the rules with the informed consent of the affected parties, (c) the need for attorneys to retain their professional independence from their. 4 (AM. >> /MediaBox [0 0 612 792] << 28 0 obj This category only includes cookies that ensures basic functionalities and security features of the website. <>>> 21 0 obj << stream /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] /I false /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] } /Resources << /Contents [510 0 R 511 0 R 512 0 R] Texas Disciplinary Rules of Professional Conduct, Rule 1.06 - Conflict of Interest: General Rule, Rule 1.05 - Confidentiality of Information, Rule 1.07 - Conflict of Interest: Intermediary. /Kids [59 0 R] <> /Type /Page All determinations made by the Commissioner are final. if (document.images) { /Parent 23 0 R /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] x^} Texas conflict of interest laws made easy: [electronic resource] answers to the most frequently asked questions about the Texas conflict of interest laws by Attorney-General's Office; Texas. if (showMsg) { /K false PDF Procurement and Contract Management Handbook - Office of the Attorney /Resources << /Count 1 We also use third-party cookies that help us analyze and understand how you use this website. /Count 1 << For example, when the lawyer represents different clients in related matters and one of the clients refuses to consent to the disclosure necessary to permit the other client to make an informed decision, the lawyer cannot properly ask the latter to consent. Have another lawyer tag along for the employee. /Contents [598 0 R 599 0 R 600 0 R] 76 0 obj endobj /Type /Page 2. endobj We use cookies to analyze our traffic and enhance functionality. /K false /Group << /Kids [79 0 R] However, as indicated in paragraph (c)(1), when a disinterested lawyer would conclude that the client should not agree to the representation under the circumstances, the lawyer involved should not ask for such agreement or provide representation on the basis of the client's consent. /Length 174 Business Office / Conflict of Interest Questionnaire /K false << /Count 1 2012 Texas Conflict of Interest Laws Made Easy $ Office of the Attorney General : Local Government Code 171 ___ a person who is related to me within the first degree of consanguinity (blood) or . /Type /Pages endobj /Parent 2 0 R /Group << 58 0 obj /Type /Pages /Resources << /CS /DeviceRGB << /Parent 13 0 R 24 0 obj Neither the State Bar of Texas nor the author are rendering legal, accounting or professional advice and assume no liability in connection with the suggestions, opinions, or products mentioned. /Parent 2 0 R /S /Transparency endobj /I false 11. 22. >> No. endobj << /MediaBox [0 0 612 792] >> << However, there are circumstances in which a lawyer may act as advocate against a client, for a lawyer is free to do so unless this Rule or another rule of the Texas Disciplinary Rules of Professional Conduct would be violated. Have waiver of conflict letters in proper form under Rule 1.06, which requires the lawyer to disclose. , If you can't be certain, you can at least be ready. 19. >> endobj Conflict questions may also arise in estate planning and estate administration. /MediaBox [0 0 612 792] When more than one client is involved and the lawyer withdraws because a conflict arises after representation, whether the lawyer may continue to represent any of the clients is determined by this Rule and Rules 1.05 and 1.09. endobj /Type /Page A lawyer may represent a client in the circumstances described in (b) if: Dont create attorney-client relationship by accident (e.g., a 45 minute call is toolong). /CS /DeviceRGB Loyalty is an essential element in the lawyer's relationship to a client. 61 0 obj /Parent 40 0 R endobj << endobj /Parent 16 0 R On the other hand, simultaneous representation in unrelated matters of clients whose interests are only generally adverse, such as competing economic enterprises, does not constitute the representation of directly adverse interests. 22 0 obj 49 0 obj A lawyer may represent parties having antagonistic positions on a legal question that has arisen in different cases, unless representation of either client would be adversely affected. /Count 1 Also, please note that these forms are NOT filed with the Texas Ethics Commission. /Parent 32 0 R /Parent 2 0 R DM-488 (1998) modified)|Prosecution for violating Open Meetings Act, payment from public funds of city council members' attorney fees to defend against (Tex. /K false endobj << /CS /DeviceRGB /K false /MediaBox [0 0 612 792] Gov't Code 573.001(3). >> endobj >> /Kids [66 0 R] /Parent 2 0 R Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. xy@N /CS /DeviceRGB >> /CS /DeviceRGB endobj >> /Type /Pages 8. <> /CreationDate (D:20230405211500) A client under some circumstances may consent to representation notwithstanding a conflict or potential conflict. /Type /Pages /CS /DeviceRGB PDF TEXAS ETHICS COMMISSION - Texas Education Agency 1. /Parent 2 0 R Disclosure and consent are not formalities. /I false /CS /DeviceRGB 6 0 obj or a person that is related to me within the first degree of consanguinity (blood) or affinity (marriage) as defined by state law has a substantial interest in this business entity or real property for the following reasons [circle all that apply]: own 10% or more of the voting stock or shares of the business entity; /Type /Page 3 CONFLICTSOFINTEREST You have a conflict of interest if: you or a family member has a substantial interesta business entity or realproperty subject to actionby the commissioners court; and the action would have special economic effect distinguishable from the general effect on the public. A.
