The comments are in and the Texas Supreme Court now has until June 1, 2018 to decide what, if anything, it will change in the newly adopted Texas Rules of Disciplinary Procedure.
In other words: The ball is in their Court.
You will recall that I, along with my partner Richard Hunt, submitted a Memorandum to the Texas Supreme Court last month in which we outlined the changes we thought were necessary to bring the newly adopted rules in line with the underlying statute as well as to address very real due process concerns. We also asked you to submit your own comments prior to April 30, 2018; apparently many of you did.
I was interviewed yesterday by a reporter for LAW360 about my concerns. Check out today’s article from Law360 in which I am quoted. In the article, anyway, I got the last word:
Huey said in comments to the court that while “uncooperative” behavior isn’t defined, it’s easy to imagine a lawyer could be seen as uncooperative for opposing a subpoena, objecting to questioning of a witness or even refusing to take a settlement offer made by the chief disciplinary counsel.
She said many Texas lawyers aren’t even aware of the changing rules for the disciplinary procedures and might not appreciate the significance of the changes because they never expect to be in trouble with the state Bar.
“Most attorneys think it’s never going to happen to them,” Huey said. “But if it does, it’s really going to matter. Anyone with experience with the process knows these rules really do matter.”
However, the Texas Supreme Court will have the real last word.
And when they do, I’ll let you know what that is.