Texas Supreme Court advisory

Contact: Lisa Hobbs, rules attorney

512.463.6645 or click for email

For Friday, January 26, 2005

SUPREME COURT APPROVES FEE-SPLITTING RULE

AND AMENDMENT OF CLE RULES

Referendum order does not include proposed advertising rule amendment

The Texas Supreme Court issued final orders Friday amending Rule 1.04 of the Texas Disciplinary Rules of Professional Conduct governing referral-fee agreements among lawyers from different firms and amending continuing legal education rules to conform them to State Bar practice.

Rule 1.04 changes were approved by Texas lawyers in a referendum between November 5 and December 20. The Court’s order promulgates the rule amendments and makes the changes effective March 1. It also specifies that the existing Rule 1.04 applies to fee arrangements agreed by lawyers not in the same firm before March 1 as long as the client has been advised by that date of all lawyers participating in his or her case.

The Court’s order on Rule 1.04 amendments does not include proposed amendments to Part VII of the disciplinary rules, which remain under consideration.

Click for order in 05-9013 (fee-splitting)

Click for order in 05-9011 (MCLE).