What is Rule 3.04 of the Texas Disciplinary Rules of Professional Conduct?
Asked by: Prof. Helena Ondricka | Last update: October 2, 2023Score: 4.7/5 (17 votes)
A lawyer shall not: (a) unlawfully obstruct another party's access to evidence; in anticipation of a dispute unlawfully alter, destroy or conceal a document or other material that a competent lawyer would believe has potential or actual evidentiary value; or counsel or assist another person to do any such act.
What is Rule 3.03 Texas Rules of Disciplinary Procedure?
Rule 3.03 - Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) make a false statement of material fact or law to a tribunal; (2) fail to disclose a fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act; (3) in an ex parte proceeding, fail to disclose to the ...
What is Rule 8.04 A )( 3 of the Texas Disciplinary Rules of Professional Conduct?
Rule 4.01 provides in part that, in the course of representing a client, “a lawyer shall not knowingly; (a) make a false statement of material fact or law to a third person….” Rule 8.04(a)(3) provides that a lawyer shall not “engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.”
What is the disciplinary rule 3.02 in Texas?
In the course of litigation, a lawyer shall not take a position that unreasonably increases the costs or other burdens of the case or that unreasonably delays resolution of the matter.
What is Rule 3.08 of Texas Disciplinary Rules of Professional Conduct?
A lawyer who believes that he or she will be compelled to furnish testimony concerning such matters should not continue to act as an advocate for his or her client except with the client's informed consent, because of the substantial likelihood that such adverse testimony would damage the lawyer's ability to represent ...
Top 5 Tuesday: proposed changes to Texas ethics rules on lawyer advertising
What is Rule 5.03 of the Texas Disciplinary Rules of professional conduct?
(a) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the persons conduct is compatible with the professional obligations of the lawyer; and (b) a lawyer shall be subject to discipline for the conduct of such a person that would be a violation of these rules if ...
What is Texas Disciplinary Rule 4.04 B )( 1?
An additional requirement, set out in Rule 4.04(b)(1), is that “[a] lawyer shall not present, participate in presenting, or threaten to present: (1) criminal or disciplinary charges solely to gain an advantage in a civil matter . . . .” Thus, Rule 4.04(b)(1) prohibits the lawyer from reporting the possibly illegal ...
What is Rule 4.02 A of the Texas Disciplinary Rules of professional conduct?
Rule 4.02 - Communication with One Represented by Counsel (a) In representing a client, a lawyer shall not communicate or cause or encourage another to communicate about the subject of the representation with a person, organization or entity of government the lawyer knows to be represented by another lawyer regarding ...
What is Rule 2.10 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 1.15 D of the Texas Disciplinary Rules of professional conduct?
(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any ...
What is 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 Disciplinary Rule 1.02 in Texas?
Rule 1.02 - Scope and Objectives of Representation (a) Subject to paragraphs (b), (c), (d), (e), and (f), a lawyer shall abide by a client's decisions: (1) concerning the objectives and general methods of representation; (2) whether to accept an offer of settlement of a matter, except as otherwise authorized by law; (3 ...
What is Disciplinary Rule 1.11 in Texas?
Rule 1.11 - 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 a stage 3 disciplinary?
Stage 3: Final Written Warning
The final written warning will remain on your file for disciplinary purposes for a period of 12 months.
What is Texas Rule 306 A )( 3?
29 Rule 306a. 3 requires clerks to immediately notify parties when an appealable judgment is signed. 30 If a party can prove to the trial court that the party did not receive notice of the signed order, the clock will not begin running until the party has actual knowledge.
What is Texas Disciplinary Rule 7 105?
DR 7-105. DR 7-105 Threatening Criminal Prosecution. A lawyer shall not present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter.
What is Rule 1.08 A of the Texas Disciplinary Rules of professional conduct?
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 ...
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 Rule 34.6 of the Texas Rules of Appellate Procedure?
In a criminal case in which a party requests a reporter's record, the court reporter must prepare a duplicate of the reporter's record and file it with the trial court clerk. In a case where the death penalty was assessed, the court reporter must prepare two duplicates of the reporter's record.
What is Rule 26.3 of the Texas Rules of Appellate Procedure?
Rule 26.3 provides a 15-day grace period: The time to file the notice may be extended if, within 15 days after the deadline, a party files the notice and a motion to extend time. If a party files the notice but not a motion within the grace period, a criminal case will be dismissed but a civil case will not.
What is the rule of disciplinary procedure 5.06 in Texas?
(a) a partnership or employment agreement that restricts the rights of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or (b) an agreement in which a restriction on the lawyers right to practice is part of the settlement of a suit or controversy, ...
What is Rule 25.1 of the Texas Rules of Appellate Procedure?
Rule 25.1 - Civil Cases [Effective until June 1, 2023] (a)Notice of Appeal. An appeal is perfected when a written notice of appeal is filed with the trial court clerk.
What is Rule 11 in Texas procedure?
In a Rule 11 agreement, you and the other parent can agree about things such as how medical, psychological, and educational decisions are made. This also includes determining where your child will live and which parent will be considered the custodial parent. See Texas Family Code chapter 153.
What is Rule 3A in Texas Rules of Civil Procedure?
RULE 3A.
(a) General Rule. An administrative judicial region or a court governed by these rules may make local rules, forms, and standing orders that govern local practice. (b) Relationship with Other Authorities.
What is Texas Rule of Procedure 94?
P. 94. If an affirmative defense or avoidance is not expressly pleaded, the party cannot rely on the defense as a bar to liability. So the court had to decide whether the damages cap in Section 41.008 of the Texas Civil Practice and Remedies Code was an affirmative defense or an avoidance.