The State Bar of Texas board of directors will try again Nov. 5 to finalize its recommendations to the Texas Supreme Court on proposed amendments to the Texas Disciplinary Rules of Professional Conduct. At its Oct. 1 meeting, the State Bar board recommended all but four of the proposed rules. The board declined to recommend proposed Rules 1.06-1.09, which address conflicts of interest. State Bar president Terry Tottenham says the Bar has continued to receive comments on those four rules. “We’ll make some final decisions Nov. 5 regarding the conflict rules,” says Tottenham, of counsel at Fulbright & Jaworski in Austin. The Supreme Court justices have asked the Bar board to submit its recommendations on all the proposed amendments to the disciplinary rules by Nov. 8. The high court also asked the board to submit its recommendations on a draft ballot for a referendum on the rules and a timetable for holding the referendum. The board’s Nov. 5 meeting will begin at 10:30 a.m. at the Texas Law Center in Austin.
UPDATE: Kelley Jones King, the State Bar of Texas’ deputy executive director, says about 35 people attended today’s meeting of the Bar’s Disciplinary Client/Attorney Assistance Program Committee at the Belo Mansion in Dallas. The committee is reviewing the four conflicts rules that the State Bar board of directors declined to recommend at its Oct. 1 meeting. King says the State Bar sent invitations to today’s meeting to the 100 largest firms in Texas and the general counsel or ethics counsel for a number of firms. Late on the afternoon of Oct. 18, the State Bar sent an e-mail about the meeting to the Bar membership, King says. Most of the concerns voiced today focused on proposed Rule 1.06, the general conflicts rule, and proposed Rule 1.07, the conflicts rule for multiparty representation, she says.
-- Mary Alice Robbins