It is not uncommon for an attorney to represent a client in a legal matter opposite an individual who is pro se.  It has long been the case that, in this situation, the lawyer cannot state or imply that the lawyer is disinterested and the lawyer is also required to make reasonable efforts to correct any misunderstanding that the pro se may have about the lawyer’s role.

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.  The only thing that the lawyer can tell the pro se in this situation is to suggest that the pro se retain counsel.  In short, don’t give advice to unrepresented…