Sawdust and the 2 X 4

While many Texas lawyers are focused on whether E&O insurance must be disclosed by lawyers to their clients, the Texas Supreme Court recently released for comment, a massive revision of the Texas Disciplinary Rules. The E&O issue is but a speck of sawdust in the eyes of Texas lawyers compared to the 2 X 4 of changes proposed to the D.R.'s.

Based on their depth and breadth, the changes in the Disciplinary Rules proposed on October 20 have a much greater potential for influencing the practice of law.

The changes affect areas such as:

• who is an affiliated lawyer
• what obligations are owed to prospective clients
• conflicts of interest
• safekeeping of property
• candor to the tribunal
• obligations of managerial attorneys
• many, many more rule additions and changes

During the next months, I will be discussing the consequences of several of the rule changes.