2003S0614-1 03/12/03


By:  Williams                                                     S.B. No. 1722

A BILL TO BE ENTITLED
AN ACT
relating to legal and judicial ethics. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 2, Government Code, is amended by adding Chapter 35 to read as follows:
CHAPTER 35. DISCLOSURE OF FINANCIAL RELATIONSHIP
Sec. 35.001. DEFINITIONS. In this chapter: (1) "Economic benefit" includes a gift, money, service, use of facility, real or personal property, or any other thing of value. (2) "Financial relationship" means a relationship between a judge and a person that provides an actual or potential economic benefit of more than $1,000 to the judge or any person related to the judge by affinity or consanguinity within the first degree, as determined under Chapter 573. The term includes any current relationship, known future relationship, or past relationship. The term does not include a political contribution accepted by the judge in compliance with Subchapter F, Chapter 253, Election Code. Sec. 35.002. DUTY TO DISCLOSE. A judge presiding in a civil case who has actual knowledge of a financial relationship with an attorney or party involved in the case, during the two years preceding the date on which the first pleading or motion was filed by the attorney or party in the case, shall disclose the financial relationship to each attorney and party involved in the case. Sec. 35.003. FAILURE TO DISCLOSE. A knowing failure by a judge to make a disclosure required by Section 35.002 is a ground for disciplinary action by the State Commission on Judicial Conduct. SECTION 2. Subdivision (6), Section 81.002, Government Code, is amended to read as follows: (6) "Chief disciplinary counsel" means either the attorney selected under Section 81.076, or the attorney general under Section 81.080, who performs disciplinary functions for the state bar under the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure. SECTION 3. Subsection (b), Section 81.072, Government Code, is amended to read as follows: (b) The supreme court shall establish minimum standards and procedures for the attorney disciplinary and disability system. The standards and procedures for processing complaints against attorneys must provide for: (1) investigation of all inquiries and complaints; (2) a full explanation to each complainant on dismissal of an inquiry or a complaint; (3) periodic preparation of abstracts of inquiries and complaints filed that, even if true, do or do not constitute misconduct; (4) an information file for each complaint filed; (5) a complaint tracking system to monitor processing of complaints by category, method of resolution, and length of time required for resolution; (6) notice [by the state bar] to the parties of the filing and the status of a written complaint filed with the state bar or the attorney general that the state bar or the attorney general has the authority to resolve [of the status of the complaint], at least quarterly and until final disposition, unless the notice would jeopardize an undercover investigation; (7) an administrative system for attorney disciplinary and disability decisions as an option to trials in district court, including an appeal procedure under the substantial evidence rule; (8) an administrative system for reciprocal and compulsory discipline; (9) interim suspension of an attorney posing a threat of immediate irreparable harm to a client; (10) authorizing all parties to an attorney disciplinary hearing, including the complainant, to be present at all hearings at which testimony is taken and requiring notice of those hearings to be given to the complainant not later than the seventh day before the date of the hearing; (11) the commission adopting rules that govern the use of private reprimands by grievance committees and that prohibit a committee: (A) giving an attorney more than one private reprimand within a five-year period for a violation of the same disciplinary rule; or (B) giving a private reprimand for a violation that involves a failure to return an unearned fee, a theft, or a misapplication of fiduciary property; and (12) distribution of a voluntary survey to all complainants urging views on grievance system experiences. SECTION 4. Subsection (c), Section 81.077, Government Code, is amended to read as follows: (c) This chapter does not prohibit a grievance committee, on its own or through the chief disciplinary counsel or the attorney general, from investigating a complaint of professional misconduct alleged to have occurred in the geographical area served by the committee, but any action must be filed in the county of the attorney's residence. SECTION 5. Subsection (e), Section 81.078, Government Code, is amended to read as follows: (e) Either the grievance committee for the bar district or the general counsel may enforce [seek enforcement of] this section. SECTION 6. Subchapter E, Chapter 81, Government Code, is amended by adding Section 81.080 to read as follows: Sec. 81.080. ATTORNEY GENERAL ENFORCEMENT. (a) At the attorney general's discretion, the attorney general may serve as the chief disciplinary counsel and has all the enforcement powers and duties of that office. (b) If the attorney general serves as the chief disciplinary counsel, the attorney general shall act in accordance with all applicable procedures established in the Texas Rules of Disciplinary Procedure, but the attorney general shall have the discretion to initiate investigation and enforcement proceedings independent of a written statement apparently intended to allege professional misconduct as described in Rule 2.09, Texas Rules of Disciplinary Procedure, and without complying with Rule 2.09, Texas Rules of Disciplinary Procedure. (c) If the attorney general initiates a disciplinary action or disciplinary proceeding as defined by Rule 1.06, Texas Rules of Disciplinary Procedure, the attorney general shall act as the chief disciplinary counsel. (d) The attorney general may, at the attorney general's discretion, elect to serve as the chief disciplinary counsel in a disciplinary action or disciplinary proceeding that is initiated by the state bar. SECTION 7. Title 6, Civil Practice and Remedies Code, is amended by adding Chapter 148 to read as follows:
CHAPTER 148. DIVISION OF LEGAL FEES
Sec. 148.001. DIVISION OF FEES BETWEEN LAWYERS NOT OF THE SAME FIRM. A lawyer shall not divide a fee for legal services with another lawyer who is not a partner in or associate of the lawyer's law firm, unless: (1) the client consents to employment of the other lawyer in writing after a full disclosure that a division of fees will be made; (2) the division is in proportion to the services performed by each lawyer or, by a writing given to the client, each lawyer assumes joint responsibility for the representation; and (3) the total fee of the lawyers does not exceed reasonable compensation for all legal services the lawyers provided to the client. SECTION 8. Section 148.001, Civil Practice and Remedies Code, as added by this Act, applies only to a contract for attorney's fees that is executed on or after the effective date of this Act. A contract for attorney's fees that is executed before the effective date of this Act is governed by the law applicable to the contract immediately before that date, and that law is continued in effect for that purpose. SECTION 9. This Act takes effect September 1, 2003.