Bill Text: TX HB3627 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to compliance with ethical and statutory requirements by out-of-state attorneys providing legal services in this state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-02 - Committee report sent to Calendars [HB3627 Detail]
Download: Texas-2017-HB3627-Introduced.html
| 85R12758 YDB-F | ||
| By: Shaheen | H.B. No. 3627 | |
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| relating to compliance with ethical and statutory requirements by | ||
| out-of-state attorneys providing legal services in this state. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle G, Title 2, Government Code, is amended | ||
| by adding Chapter 85 to read as follows: | ||
| CHAPTER 85. LEGAL SERVICES CONTRACTS BY OUT-OF-STATE ATTORNEYS | ||
| Sec. 85.001. PUBLIC POLICY. It is the public policy of this | ||
| state that an out-of-state attorney who is not a member of the State | ||
| Bar of Texas and who under a legal services contract represents or | ||
| advises a client in this state or appears as counsel in any matter | ||
| in a court or domestic arbitration proceeding in this state be | ||
| required to comply with all state law and ethical duties imposed by | ||
| the state disciplinary rules and codes of ethics applicable to | ||
| members of the State Bar of Texas. | ||
| Sec. 85.002. PROHIBITED CONTRACTS AND ENFORCEMENT. (a) An | ||
| out-of-state attorney who is not a member of the State Bar of Texas | ||
| may not enter into a legal services contract to represent or advise | ||
| clients in this state or appear as counsel in any matter in a court | ||
| or domestic arbitration proceeding in this state unless the | ||
| attorney complies with all state laws and ethical duties imposed by | ||
| the state disciplinary rules and codes of ethics applicable to | ||
| members of the State Bar of Texas. | ||
| (b) Any obligation created by or relating to a contract | ||
| prohibited under Subsection (a) is not enforceable by a judge or | ||
| arbitrator in a court or arbitration proceeding in this state. | ||
| Sec. 85.003. LEGAL SERVICE CONTRACT REQUIREMENTS. (a) A | ||
| contract entered into by an out-of-state attorney who is not a | ||
| member of the State Bar of Texas, or by the law firm with whom the | ||
| attorney is associated, to provide legal services related to any | ||
| state court or domestic arbitration proceeding conducted in this | ||
| state is valid only if the attorney, and law firm if applicable, are | ||
| subject to discipline for violations of any disciplinary rules and | ||
| codes of ethics applicable to members of the State Bar of Texas. | ||
| (b) A contract for legal services described by Subsection | ||
| (a) must require that: | ||
| (1) the out-of-state attorney, or law firm as | ||
| applicable, notify the office of chief disciplinary counsel of the | ||
| State Bar of Texas about the contract on its execution; | ||
| (2) each attorney providing legal services under the | ||
| contract affirmatively agree to comply with all disciplinary rules | ||
| and codes of ethics applicable to members of the State Bar of Texas; | ||
| (3) each attorney providing legal services under the | ||
| contract affirmatively agree to be subject to the jurisdiction of | ||
| this state's disciplinary authorities in the same manner and to the | ||
| same extent as members of the State Bar of Texas; and | ||
| (4) each attorney providing legal services under the | ||
| contract affirmatively agree to reciprocal enforcement by the bar | ||
| association of the jurisdiction in which the attorney is licensed | ||
| for any decision, determination, discipline, or sanction imposed by | ||
| attorney disciplinary authorities in this state. | ||
| Sec. 85.004. VOIDABLE CONTRACTS. A legal services contract | ||
| that does not comply with this chapter is null, void, and | ||
| unenforceable. | ||
| Sec. 85.005. LIABILITY. A person is not liable under or | ||
| obligated to pay for any legal service performed under a legal | ||
| services contract that does not comply with this chapter. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a legal services contract entered into on or after the effective | ||
| date of this Act. A contract entered into before that date is | ||
| governed by the law in effect on the date the contract was entered | ||
| into and that law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
