What is Texas Disciplinary Rule 4.04 B )( 1?
Asked by: Bernie Baumbach PhD | Last update: August 18, 2025Score: 4.8/5 (57 votes)
An additional requirement, set out in Rule 4.04(b)(1), is that "[aJ 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 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 rule of professional conduct 1.02 B in Texas?
(b) A lawyer may limit the scope, objectives and general methods of the representation if the client consents after consultation.
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.
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 ...
Rules Vote 2021: Examining Proposed Changes to the Disciplinary Rules of Professional Conduct
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 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 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 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 are the ADA rules of professional conduct?
There are five fundamental principles that form the foundation of the ADA Code: patient autonomy, nonmaleficence, beneficence, justice and veracity. Principles can overlap each other as well as compete with each other for priority. More than one principle can justify a given element of the Code of Professional Conduct.
What is the rule of disciplinary conduct 4.02 in Texas?
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 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 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 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 7.03 in Texas?
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 ...
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 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 the unprofessional code of conduct?
Unprofessional conduct refers to dishonorable or immoral behavior that violates the code of ethics of one's position or profession. This type of behavior can have serious consequences and should be avoided at all costs.
What is Section 2761 a of the Code unprofessional conduct?
The Board of Nursing will state that they are empowered under Business and Professions Code Section 2761 to take disciplinary action against you because you engaged in unprofessional conduct which includes “incompetence, or gross negligence in carrying out usual certified or licensed nursing functions.”
What is the 3 step disciplinary procedure?
Disciplinary steps
Your employer's disciplinary procedure should include the following steps: A letter setting out the issue. A meeting to discuss the issue. A disciplinary decision.
What is the two dismissal rule in Texas?
That bright line or “two-dismissal” rule is: “[I]f a plaintiff has once dismissed an action, a dismissal by notice of a second action based on or including the same claim, amounts to an adjudication on the merits. As such, the second dismissal effectively creates a res judicata bar to a third action.” Campbell at 6.
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 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 of professional conduct 3.07 in Texas?
(a) In the course of representing a client, a lawyer shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative ...
What is the disciplinary code of conduct?
The purpose of a disciplinary code and procedure is to regulate standards of conduct of employees within a company or organisation. The aim of a workplace disciplinary code is to provide mechanisms to correct unacceptable behaviour and to create certainty and consistency in the application of discipline.