Among the dozen proposed disciplinary rules approved by the voting members of the State Bar of Texas is a new conflict-of-interest rule aimed at mitigating drive-by disqualifications. The rule, titled “Duties to a Prospective Client,” intends to prevent clients from strategically disqualifying attorneys by improperly disclosing confidential information. Attorney Lewis Kinard explained, “The rule says if you caution a prospective client to not reveal anything until you agree to accept representation, and they are acting in bad faith, then it won’t effectively taint you.”
This rule is modeled after an American Bar Association counterpart adopted by most other states in some form. The hope is that this adjustment will offer better protection for lawyers and ensure that the process remains fair for all parties involved.