In our August 1, 2024 Top Tip, we gave an update on the next steps regarding the Rules referendum that took place in April of this year regarding 11 new proposed rules for the Texas Disciplinary Rules of Professional Conduct and one new proposed Rule of Disciplinary Procedure.  After the State Bar members approved the 12 new proposed rules, the State Bar Executive Director submitted a petition to the Supreme Court of Texas requesting an order adopting the proposed rules.

On Tuesday, August 27, 2024, the Supreme Court of Texas issued its Order regarding the approval and adoption of the new Rules. Specifically, it approved and adopted the amendments to Rules 1.08. 1.09, 3.09, 4.03, 5.01 and 5.05; approved and adopted new Rules 1.10 and 1.18; and approved and adopted new Rule of Disciplinary Procedure 13.05.  It rejected proposed Rules 8.05 and 8.06. And, although the Supreme Court of Texas approved and adopted the new proposed terminology, it rejected unanimously the adoption of new Rule 1.00 which had been proposed to contain the defined terms, rather than have them set forth in the Preamble.

The new Rules will be effective as of October 1, 2024.

Throughout this fall, TLIE will address different aspects of these new Rules in our Top Tips each week, offering some practical guidance. In late September, TLIE will also have available, as part of our online CLE library, a one-hour CLE that discusses the new Rules in more detail.  Additionally, for our members, we have prepared forms to help attorneys comply with some of the new requirements set out in the new Rules.  Insureds can email rskmgmt@tlie.org to request copies of these forms.

Our Top Tip for this week is to encourage each attorney to read the new Rules, review the new terminology, and study the new comments. Also, be sure to read our Top Tips each week this fall where we will offer some practical guidance regarding the new Rules. Last, stay tuned for our CLE on the new Rules once it is available on our website in late September.