In our May 8, 2025 Top Tip, we discussed TDRPC 4.02(a), which generally prohibits a lawyer from communicating with a represented party about the subject of the representation without opposing counsel’s consent. At that time, based on an opinion from the San Antonio court of appeals in Ruth v. Commission for Lawyer Discipline, 696 S.W. 3d 233 (Tex.App.—San Antonio 2024), we cautioned pro se attorneys that they should avoid direct communications with represented parties unless authorized by the other party’s lawyer because the San Antonio court’s opinion determined that Rule 4.02 applied to attorneys representing themselves. 

However, on June 12, 2026, the Texas Supreme Court reversed the San Antonio court of appeal’s judgment and held that Rule 4.02(a) does not apply to a pro se lawyer. The supreme court’s analysis focused on the fact that the rule states it applies to lawyers “in representing a client,” (not in representing themselves) and noted that other states with similar introductory language in rules…