Ethics Question of the Month • June 2026

Ethics City Limits

ATTORNEY DARIA’S PRACTICE IS FOCUSED ON COMMERCIAL REAL ESTATE LAW. For several years, she has represented ABC Company in real estate transactions and development matters.

During its most recent meeting, the local city council considered a proposed amendment to a city zoning ordinance. At the meeting, the council invited public comments on the agenda item.

As part of her representation of ABC, Daria appeared at the meeting and, in addressing the council during the public comment period, advocated for the proposed amendment. Daria believes the proposed amendment would benefit multiple ABC projects.

Which of the following most accurately describes whether the Texas Disciplinary Rules of Professional Conduct required Daria to disclose that her appearance before the city council was in a representative capacity?

A. Daria was required to disclose that her appearance was in a representative capacity.

B. Daria was required to disclose that her appearance was in a representative capacity only if she was compensated for the appearance.

C. Daria was not required to disclose that her appearance was in a representative capacity.

D. Daria was not required to disclose that her appearance was in a representative capacity, but if asked, she may not answer falsely.

ANSWER: Rule 3.10 of the Texas Disciplinary Rules of Professional Conduct states, “A lawyer representing a client before a legislative or administrative body in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.04(a) through (d), 3.05(a), and 4.01.” This obligation is independent of any other laws or rules that might require such disclosure.

Comment 1 to Rule 3.10 explains, “In appearing before bodies such as legislatures, municipal councils, and executive and administrative agencies acting in a rule-making or policy-making capacity, lawyers present facts, formulate issues and advance argument. The decision-making body, like a court, should be able to rely on the integrity of the submissions made to it.”

After reiterating Rule 3.10’s requirement “to disclose whether a particular appearance is in a representative capacity,” Comment 1 adds that “[a]lthough not required to do so by Rule 3.10, a lawyer should reveal the identities of the lawyer’s clients, unless privileged or otherwise protected, so that the decision-making body can weigh the lawyer’s presentation more accurately. See Rule 4.01, Comment 1.” The correct answer is A.

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