Effective October 1, 2024, the Texas Disciplinary Rules of Professional Conduct will contain new terminology, including the definition of “Informed consent.”  It is important to understand what this phrase means as it is used in amended Rules 1.08 and 1.09; new Rule 1.18; and unchanged Rules 1.01, 1.05 (comment 8), 1.06 (comments 2, 7, 8, and 9), 1.07 (comment 8), 3.08, and 6.05. 

To have “informed consent”, a lawyer must obtain an agreement from a person to a proposed course of conduct only “after the lawyer has communicated adequate information and explanation about material risks of and reasonably available alternatives to the proposed course of conduct.” If a Rule, like Rule 1.06(c)(2), requires specific disclosures, then those must be part of the informed consent.

If your situation requires informed consent, you must include: 1) disclosure of the facts and circumstances giving rise to the situation, 2) an explanation of…