TLIE Top Tip: Next Steps in the Rules Referendum
TLIE Top TipsIn our March 2024 article, we discussed the 2024 Rules Referendum regarding 12 proposals for changes to the Texas Disciplinary Rules of Professional Conduct. As we near the end of the timeframe for the adoption (or rejection) of the proposed new rules, we are providing this update on the status of the Referendum.
In April, more than 17,000 votes were cast in the 2024 Rules Referendum, and state bar members overwhelmingly approved each rule. On May 1, 2024, the State Bar Board of Directors petitioned the Supreme Court of Texas for an order promulgating the proposed rules. On May 6, 2024, the Supreme Court of Texas met and deliberated on the proposed rules, and on June 4, 2024, the Committee on Disciplinary Rules and Referenda sent additional recommended revisions to some of the comments for the rules to the Supreme Court of Texas in response to comments and questions by the Justices on May 6th.
The Supreme Court of Texas is authorized to vote each rule up or down, but it cannot approve or reject only part of the rule. Although there is no requirement that the Supreme Court of Texas must vote, and no deadline by which it must act, if it does not take any action by the 120th day after the rules were approved by the members of the State Bar of Texas, the rules are considered approved by the Supreme Court of Texas. This means that unless the Supreme Court of Texas votes a rule or rules down before September 1, 2024, the rules will be considered adopted on September 1, 2024.
Throughout the fall, TLIE will have CLE available to insureds regarding the adopted rules, and anticipates publishing Top Tips and other information about each adopted rule.
