Texas Rules of Professional Conduct: Everything You Need to Know

The Texas Rules of Professional Conduct (TDRPC) govern the ethical responsibilities of attorneys practicing in the state. Established by the Texas State Bar, these rules ensure attorneys maintain the highest standards of integrity and professionalism. For clients, understanding when an attorney has violated these rules can offer insights into what to expect from their lawyers — and what actions might constitute legal malpractice.

An attorney’s violation of these rules is not enough, standing alone to file a lawsuit, but if they fail to meet the expectations set forth in the TDRPC while handling your case and their actions or inactions result in harm or damages to your case, you may be able to sue them.

If you believe your previous attorney violated these rules and are looking for attorneys that sue attorneys, get in touch with Ross Sears at Sears Crawford today to discuss your case. He’s been suing attorneys who have committed malpractice in Texas for over 30 years and is here to help you seek justice. Call Ross at Sears Crawford today at (713) 223-3333 to take the first step towards justice.

What are the Texas disciplinary rules of professional conduct?

The Texas Disciplinary Rules of Professional Conduct are a set of ethical guidelines that give guidance on how attorneys should behave in their professional roles. These rules cover a wide range of topics, including attorney-client relationships, conflicts of interest, confidentiality, and obligations to the court and opposing counsel. The TDRPC ensures that attorneys act with integrity and professionalism, promoting justice and public confidence in the legal system.

These rules are guidelines for all attorneys licensed to practice in Texas. Violating the TDRPC can lead to disciplinary action by the Texas State Bar, with punishments ranging from slaps on the wrist all the way to disbarment.

If you suspect an attorney’s actions violated these rules, a complaint may not be enough — you may need a Houston legal malpractice attorney, like Ross Sears at Sears Crawford, to hold them accountable.

How can attorneys violate the Texas State Bar rules?

The Texas Rules of Professional Conduct are extensive, not to mention full of highly specific legalisms, but there are some more common ways in which attorneys violate them. Some of the most common rules that we see broken at Sears Crawford include:

1. Lawyers must maintain the highest standards of ethical conduct.
2. Lawyers must be able to advise you of your legal rights and should not accept employment in any area of the law outside of their respective area(s) of expertise. In other words, an attorney should not take on a case that they are not qualified to handle.
3. A lawyer cannot assist or counsel a client to engage in conduct that the lawyer knows is criminal or fraudulent.
4. A lawyer cannot charge excessive or unconscionable attorney’s fees.
5. An attorney must disclose all known information about your case and may not give you advice that is less true or a half-truth so that the client always knows what is going on and can make fully informed decisions about their case.
6. A lawyer must maintain the confidentiality of all information regarding your case unless you give them permission to share it.
7. A lawyer must always put his/her client’s interests ahead of the lawyers and never engage in self-dealing or take any action that would harm the client but benefit the attorney.
8. Lawyers owe fiduciary duties to their clients.

Violations can occur intentionally or unintentionally. Even honest mistakes can result in disciplinary actions if they breach the ethical standards set forth in the TDRPC.

What does “attorney misconduct” mean?

Attorney misconduct refers to any action or inaction by a lawyer that violates the ethical standards set forth by the TDRPC. Misconduct can range from minor infractions, such as failing to communicate with clients, to serious offenses, like fraud or criminal activity.

Some common reasons to file a complaint against an attorney in Texas include the following actions.

Breaches of fiduciary duty

The TDRPC forbids any lawyers from acting in any way that is against their client’s best interests or that benefits the lawyer but not the client. Breaching the lawyer’s fiduciary duty can include:

• Disclosing your confidential information without your knowledge or permission
• Taking on another client with opposing interests without disclosing the conflict of interest to you
• Making decisions that benefit themselves at your expense
• Withholding information or giving you half-truths
• Entering into a business arrangement with a client without full disclosure of the risks associated and without advising the client to seek the advice of another attorney before entering into a business arrangement with the attorney

Can I sue my lawyer for breach of fiduciary duty? YES. In order to sue your lawyer for breaching their fiduciary duty to you, you must be able to show that your lawyer owed you a duty (in other words, had an actual attorney-client relationship), that they breached that duty, and that the breach of duty caused you harm. In other words, you must be able to show that the outcome of your case would have been better if your lawyer had not breached their duty to you.

Attorney negligence

Negligence by an attorney occurs when they fail to do something that a reasonable and prudent attorney would have done under similar circumstances — or they do something that a reasonable and prudent attorney would not have done under the same or similar circumstances. Some common examples of negligence include:

• Missing major deadlines
• Taking your case with no previous experience in that area of expertise
• Providing incorrect legal advice
• Failing to file suit within the applicable statute of limitations
• Failing to timely designate expert witnesses in cases that require such
• Misstating or misapplying the law

If your lawyer’s negligence resulted in harm to you or your case, you may have a case for professional negligence/legal malpractice. Call Ross Sears to learn about pursuing a claim against your former lawyer.

Failure to obtain client consent

Can my lawyer settle my case without me? No! Before agreeing to a settlement, your lawyer must have received your consent to the terms of the settlement after full disclosure of the gross settlement recovery and the “net” recovery to the client after all offsets and deductions for fees, bills and expenses.

This includes walking you through all of the fees, expenses, and deductions that may arise as a result of settling. If your attorney did not get your consent before settling your case, you may have grounds to pursue a lawsuit against them.

Be aware that some lawyers will try to include language in their contract that allows them to settle your case without your consent. Before signing any contracts, read through the contract carefully, and do not sign if you notice that the attorney appears to be trying to include such language.

Breach of contract

What is breach of contract? This occurs when the lawyer breaches or fails to comply with the terms to which you and your attorney agreed and signed at the beginning of the relationship. If your lawyer breaches your legally binding contract, as the client, you may be entitled to damages such as compensatory damages, consequential damages, liquidated damages, and attorneys fees.

What is the Texas Bar Ethics hotline, and when should I use it?

The Texas Bar Ethics Hotline is actually not a resource for clients looking to report their attorneys’ unethical behavior — it’s a resource for attorneys seeking guidance on ethical dilemmas. Attorneys can contact the hotline to discuss potential conflicts of interest, confidentiality concerns, or other ethical issues.

The hotline is staffed by experienced attorneys who provide confidential advice based on the TDRPC. While the hotline’s advice is not binding, it can help attorneys navigate complex situations and avoid potential violations.

If you are a client looking to report misconduct, you should instead file a grievance with the Texas State Bar directly. If you need assistance filing a grievance, go to the State Bar website and follow the steps set forth on their website.

What are the Texas Rules of Civil Procedure?

The Texas Rules of Civil Procedure (TRCP) govern the conduct of civil litigation in Texas courts. These rules outline procedural requirements for filing lawsuits, serving documents, conducting discovery, and presenting cases at trial. While separate from the TDRPC, the TRCP intersects with professional conduct rules, as attorneys must comply with both to effectively represent their clients.

Violations of the TRCP, such as failing to meet deadlines or submitting improper filings, can lead to sanctions and may also constitute a breach of professional conduct if they demonstrate incompetence or neglect. If your attorney’s failure to follow these rules negatively impacted your case, reach out to us to explore your legal options.

Texas Rules of Professional Conduct — FAQ

What is the Texas Rules of Professional Conduct’s conflict of interest rule?

Conflict of interest rules prevent attorneys from representing clients whose interests are directly adverse to another client or whose representation might be materially limited by the attorney’s own interests. Rule 1.06 outlines the circumstances under which conflicts may arise and the steps attorneys must take to address them.

In some cases, conflicts can be resolved with informed consent from all affected clients. However, certain conflicts are non-waivable and require the attorney to decline representation. If a conflict of interest has harmed your case, our firm can help you seek compensation for malpractice.

What is the Texas Rules of Professional Conduct communication with represented party rule?

Rule 4.02 prohibits attorneys from communicating directly with individuals represented by another lawyer without the consent of that lawyer. This rule is designed to protect the attorney-client relationship and prevent undue influence or interference. Violating this rule can result in disciplinary action and may also jeopardize the attorney’s case or negotiations.

What is the rule of professional conduct 1.01 in Texas?

Rule 1.01 addresses an attorney’s duty to provide competent and diligent representation. Attorneys must possess the legal knowledge, skill, and preparation necessary for effective representation. They must also act with reasonable diligence and promptness in handling client matters. Neglecting a case, failing to communicate, or lacking the requisite skills for a particular matter can constitute a violation of Rule 1.01.

What is the rule of professional conduct 1.12 in Texas?

Rule 1.12 pertains to lawyers serving as third-party neutrals, such as mediators or arbitrators. It requires attorneys to inform unrepresented parties that they are not acting as their legal representatives and to explain the role of a neutral party. This rule ensures that all parties understand the attorney’s impartiality and prevents misunderstandings that could lead to claims of bias or misconduct.

What is the rule of professional conduct 1.13 in Texas?

Rule 1.13 governs the representation of organizational clients. It requires attorneys to act in the best interests of the organization and address any misconduct by officers, employees, or other agents that could harm the entity. If an attorney learns of unlawful actions within the organization, they must take appropriate measures, which may include reporting the conduct to higher authorities within the organization or, in certain cases, resigning from representation.

What is the rule of professional conduct 3.03 in Texas?

Rule 3.03 focuses on an attorney’s duty of candor toward the tribunal. It prohibits attorneys from:

• Making false statements of fact or law
• Failing to correct false statements made to the court
• Offering evidence they know to be false

This rule is meant to ensure the integrity of the judicial process and hold attorneys accountable for their statements and actions in court.

Did your attorney break the Texas Rules of Professional Conduct? Sears Crawford can help.

Whether you’re wondering how to prove attorney overbilling or looking to sue your lawyer for attorney misrepresentation, you should contact a legal malpractice attorney to help you get what you deserve.

Ross Sears is dedicated to helping you get the justice you deserve. We know that it might be hard to trust another attorney after enduring the legal malpractice that you have suffered, but that’s why WE SUE LAWYERS — because no client should ever have to wonder if their legal counsel is upholding their duty to them.

Call Ross at Sears Crawford at (713) 223-3333 or contact us online today for a free consultation. Let us help you down the road to justice.

More Helpful Articles by Sears Crawford: 

• How to Find a Lawyer to Sue Another Lawyer
• Five Reasons to Sue an Attorney
• What Constitutes a Conflict of Interest?
• How Do You Prove Legal Malpractice?
• When to Sue My Attorney for Malpractice