What is Rule 1.08 A of the Texas Disciplinary Rules of professional conduct?

Asked by: Estell Buckridge  |  Last update: July 24, 2025
Score: 4.1/5 (18 votes)

Rule 1.08 - Conflict of Interest: Prohibited Transactions (a) A lawyer shall not enter into a business transaction with a client, or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client, unless: (1) the terms of the transaction or acquisition are fair and reasonable to ...

What is the rule 1.09 of the Texas disciplinary rules of professional conduct?

Rule 1.09 addresses the circumstances in which a lawyer in private practice, and other lawyers who were, are or become members of or associated with a firm in which that lawyer practiced or practices, may represent a client against a former client of that lawyer or the lawyer's former firm.

What is the rule 1.01 of the Texas disciplinary rules of professional conduct?

Rule 1.01 - Competent and Diligent Representation (a) A lawyer shall not accept or continue employment in a legal matter which the lawyer knows or should know is beyond the lawyer's competence, unless: (1) another lawyer who is competent to handle the matter is, with the prior informed consent of the client, associated ...

What is the proposed rule 1.18 of the Texas disciplinary rules of professional conduct?

Proposed Rule 1.18 of the Texas Disciplinary Rules of Professional Conduct creates a new rule and defines a “prospective client” as a person who consults with a lawyer in good faith about the possibility of forming a client-lawyer relationship, whereas a person who communicates without a good-faith intention to seek ...

What is Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct?

Rule 7.03 - Solicitation and Other Prohibited Communications (a) The following definitions apply to this Rule: (1) "Regulated telephone, social media, or other electronic contact" means telephone, social media, or electronic communication initiated by a lawyer, or by a person acting on behalf of a lawyer, that involves ...

2. The Texas Disciplianry Rules of Professional Conduct

43 related questions found

What is the lawyer snitch rule?

A lawyer is mandated to snitch “without undue delay” pursuant to the terms of Rule 8.3. This duty requires a lawyer to report as soon as the lawyer reasonably believes the reporting will not cause material prejudice or damage to the interest of a client of the lawyer or a client of the lawyer's firm. Cal.

What is the rule 3.08 of the Texas disciplinary rules of professional conduct?

Rule 3.08 - Lawyer as Witness (a) A lawyer shall not accept or continue employment as an advocate before a tribunal in a contemplated or pending adjudicatory proceeding if the lawyer knows or believes that the lawyer is or may be a witness necessary to establish an essential fact on behalf of the lawyer's client, ...

What is the rule 2.10 of the Texas Rules of Disciplinary Procedure?

2.10. Classification of Grievances: The Chief Disciplinary Counsel shall within thirty days examine each Grievance received to determine whether it constitutes an Inquiry, a Complaint, or a Discretionary Referral.

What is Rule 4.04 of the Texas Disciplinary Rules of Professional Conduct?

Rule 4.04 of the Texas Disciplinary Rules of Professional Conduct prohibits a lawyer from threatening or bringing criminal or disciplinary charges solely to gain an advantage in a civil matter.

What is Rule 21 of Texas Rules of Civil Procedure?

Rule 21 requires the clerk on the filing of the motion to make the proper entries concerning it on the motion docket, and renders such filing and entry sufficient notice, since the motion is one in a pending suit. As these entries are to be made by the clerk, any failure to make them is the fault of the clerk.

What is the Texas Board Rule 217.12 unprofessional conduct?

Unprofessional Conduct Rule 217.12 identifies behaviors in practice that are likely to deceive, defraud or injure clients. Actual injury to a client need not be established.

What is Rule 203 of the Code of Professional Conduct?

Rule 203 provides, in part, that an AICPA member shall not (1) express an opinion or state affirmatively that the financial statements or other financial data of any entity are presented in conformity with GAAP or (2) state that he or she is not aware of any material modifications that should be made to such statements ...

What is the rule 1.14 of the Texas disciplinary rules of professional conduct?

All property which is the property of clients or third persons should be kept separate from the lawyer's business and personal property and, if monies, in one or more trust accounts. Separate trust accounts may be warranted when administering estate monies or acting in similar fiduciary capacities.

What is Disciplinary Rule 2 106?

DR 2-106 states: (A)A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee. (B)A fee is clearly excessive when, after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee.

What is the rule 2.13 of the Texas Rules of Disciplinary Procedure?

2.13 Summary Disposition Setting: Upon investigation, if the Chief Disciplinary Counsel determines that Just Cause does not exist to proceed on the Complaint, the Chief Disciplinary Counsel shall place the Complaint on a Summary Disposition Panel docket.

What is the rule 5.05 of the Texas disciplinary rules of professional conduct?

Rule 5.05(a) restates the general rule that a lawyer shall not practice in a jurisdiction if it would violate the laws of that jurisdiction, nor shall a lawyer assist a person who is not licensed in activity that constitutes the practice of law.

What is Rule 3.09 of Texas Disciplinary Rules of Professional Conduct?

If the trial court fails to find from the evidence in a case tried without a jury, or from the verdict in a jury trial, that the Respondent's conduct constitutes Professional Misconduct, the court shall render judgment accordingly.

What is the rule of disciplinary procedure 13.02 in Texas?

13.02. Assumption of Jurisdiction: A client of the attorney, Chief Disciplinary Counsel, or any other interested person may petition a district court in the county of the attorney's residence to assume jurisdiction over the attorney's law practice.

What is the rule of professional conduct 1.12 in Texas?

Rule 1.12 - Adjudicatory Official or Law Clerk (a) A lawyer shall not represent anyone in connection with a matter in which the lawyer has passed upon the merits or otherwise participated personally and substantially as an adjudicatory official or law clerk to an adjudicatory official, unless all parties to the ...

What is Rule 239 A of the Texas Rules of Civil Procedure?

At or immediately prior to the time an interlocutory or final default judgment is rendered, the party taking the same or his attorney shall certify to the clerk in writing the last known mailing address of the party against whom the judgment is taken, which certificate shall be filed among the papers in the cause.

What is the rule 8.04 of the Texas Rules of Professional Conduct?

Rule 8.04 provides a comprehensive restatement of all forms of conduct that will subject a lawyer to discipline under either these Rules, the State Bar Act or the State Bar Rules.

What are the 5 disciplinary procedures?

What Are the Steps in the Disciplinary Process?
  • Understand the kind of issue.
  • Follow a fair procedure.
  • Investigate thoroughly.
  • Prepare for a hearing and hold one.
  • Tell the employee about the outcome.
  • Follow up after the disciplinary procedure.

What is the rule 1.02 C?

(c) A lawyer shall not assist or counsel a client to engage in conduct that the lawyer knows in criminal or fraudulent.

What is the rule 4.03 of the Texas disciplinary rules of professional conduct?

Now, with the recent additions to Texas Disciplinary Rule of Professional Conduct 4.03, the Rule makes clear that a lawyer is prohibited from giving any legal advice to the pro se if the lawyer knows or reasonably should know that the interests of the pro se are adverse to the lawyer's client.

Can your lawyer go against you?

The law is clear that a lawyer cannot turn against their client, and any violation of this guideline can invite a stringent investigation from legal authorities. Accusations of treachery are taken seriously and may warrant criminal prosecution to ensure justice is served fairly.