Texas Family Law Practice Manual, Third Edition, 2016 Practice Notes Page: 72
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Attorney-Client Relationship and Communications
representation of the client, or to prove the services rendered to a client, or the reason-
able value of the services, or both, in an action against another person or organization
responsible for the payment of the fee for services rendered to the client. Tex. Disci-
plinary R. Prof'l Conduct 1.05(d).
If an attorney has confidential information clearly establishing that a client is likely to
commit a criminal or fraudulent act that is likely to result in death or substantial bodily
harm to a person, the attorney shall reveal confidential information to the extent revela-
tion of the information reasonably appears necessary to prevent the client from commit-
ting the act. Tex. Disciplinary R. Prof'l Conduct 1.05(e).
In all other situations, the attorney's obligation is to dissuade the client from commit-
ting the crime or fraud or to persuade the client to take corrective action. Tex. Disci-
plinary R. Prof'l Conduct 1.05 cmt. 18. If the threatened crime or fraud is likely to have
the less serious result of substantial injury to the financial interests or property of
another, the attorney is not required to reveal preventive information but may do so. See
Tex. Disciplinary R. Prof'l Conduct 1.05(c)(7), (8).
Comment 14 to rule 1.05 notes the following:
Although preventive action is permitted by paragraphs (c) and (d), failure to
take preventive action does not violate those paragraphs. But see paragraphs
(e) and (f). Because these rules do not define standards of civil liability of
lawyers for professional conduct, paragraphs (c) and (d) do not create a duty
on the lawyer to make any disclosure and no civil liability is intended to
arise from the failure to make such disclosure.
Tex. Disciplinary R. Prof'l Conduct 1.05 cmt. 14.
The same statement is not made with regard to paragraphs (e) and (f).
An attorney shall also reveal confidential information when required to do so by rules
3.03(a)(2), 3.03(b), and 4.01(b). Tex. Disciplinary R. Prof'l Conduct 1.05(f). Rule
3.03(a)(2) states that an attorney shall not knowingly fail to disclose a fact to a tribunal
when disclosure is necessary to avoid assisting a criminal or fraudulent act. Tex. Disci-
plinary R. Prof'l Conduct 3.03(a)(2). Rule 3.03(b) states that if an attorney discovers
that he has offered material evidence that is false, the attorney shall make a good-faith
effort to persuade the client to authorize the attorney to correct or withdraw the evi-
dence. The attorney is obligated to take reasonable remedial measures, including dis-
closure of the true facts, if the client will not authorize the correction or withdrawal of72
2.13
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State Bar of Texas. Family Law Section. Council. Texas Family Law Practice Manual, Third Edition, 2016 Practice Notes, book, 2016; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth838393/m1/100/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.