Professional Ethics Committee for the State Bar of Texas
Topics:
“Under the Texas Disciplinary Rules of Professional Conduct, may a lawyer obtain information regarding a potential new client’s payment history from a database containing information supplied by other lawyers on the payment history of their clients, structure an engagement agreement to provide legal services to the potential client based upon such information, and thereafter provide to the database information regarding the new client’s payments to the lawyer?”
Conclusion of the Committee:
“Under the Texas Disciplinary Rules of Professional Conduct, it is permissible for a lawyer to obtain information regarding a potential new client’s payment history from a database containing information supplied by other lawyers on the payment history of their clients, structure an engagement agreement to provide legal services to the potential client based upon such information, and thereafter provide to the database information regarding the new client’s payments to the lawyer, provided that the client has agreed to these actions after consultation with the lawyer sufficient to permit the client to make an informed decision on these matters.”
Rules: Texas Disciplinary Rules of Professional Conduct 1.02(b),1.04(b)(8), 1.04(c), Rule 1.05(c)(2)
The full text is available at http://www.legalethicstexas.com…