Texas Disciplinary Rule of Professional Conduct 4.02(a) states that in representing a client, a lawyer shall not communicate about the subject of the representation with a person, organization or entity of government the lawyer knows to be represented by another lawyer regarding that subject, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.  In January 2016, the Professional Ethics Committee for the State Bar of Texas clearly stated in Ethics Opinion 653 (“Opinion 653”) that this rule did not apply to a lawyer who was a party in a legal matter but who did not represent any other party in the matter – in other words a lawyer who was pro se and represented no other party.  

However, pro se attorneys should proceed with extreme caution before engaging in any communication with a…