Executive Director’s Page
The Privilege of Self-Governance
Years ago, as a Galveston County trial lawyer, I served a three-year
term on the Commission for Lawyer Discipline, a standing committee of
the State Bar of Texas that administers the attorney discipline system.
The commission—composed of lawyers and non-lawyers—undertakes the
important work of protecting the public and upholding lawyers’
professional responsibilities.
From my seat on the commission, I was very aware of the awesome
privilege that the state of Texas has granted to lawyers—the privilege
of self-governance—as well as the tremendous responsibility that comes
with it. Fortunately for all Texans, lawyers and the public members on
our bar’s governing bodies have consistently lived up to that
responsibility.
My confidence in our system of self-governance has only grown since my
time on the commission, through my service as 2014-2015 State Bar
president and now as executive director.
Of course, self-regulation is only meaningful if attorneys stay
informed and vote on proposed changes to disciplinary rules.
The Rule-Making Process: In 2017, the Legislature
adopted a new process designed to maximize transparency and increase
participation from bar members and the general public.
Central to the process is the new Committee on Disciplinary Rules and
Referenda, or CDRR. The committee is composed of nine members—seven
attorneys and two public members—who oversee the initial process for
proposing disciplinary rule changes. The committee, chaired by Lewis
Kinard, has gone to great lengths to encourage public and member
input.
Once a rule proposal is recommended by the committee and approved by
the State Bar Board of Directors, members have the opportunity to vote
on the proposed rule change by way of a referendum.
Rules in?Development: The committee has recommended
its first rule changes relating to clients with diminished
capacity and confidentiality of information.
The board considered and approved the proposals in April (see State
Bar Board Update). Another proposal, concerning lawyer
advertising rules, was published in the December issue of the
Texas Bar Journal but did not proceed to the board. Instead,
the committee has revised the proposal based on public and member input
and is publishing it for review on page
444 of this issue. This input by stakeholders is a sign the process
is working as designed.
Your Vote Matters: New developments in methods of
communication, technology, and laws governing society in general require
we review and refine the rules governing our profession
where and when appropriate. A proposed rule passes or fails based on the
vote of the majority of members actually
voting.
Self-Governance at its Best: It is self-governance at
its best when standards of conduct for the profession are well developed
and informed by input from Texas lawyers and the public. I encourage
members to take the opportunity to provide input when proposed rules are
published for comment.
To read more about the rule-making process, ways to participate,
proposed rule changes, and to submit comments, go to texasbar.com/CDRR
and under “Navigation,” click on “Docketed Requests.” While you’re on
the site, you can sign up for email updates to be among the first to
know about upcoming public hearings and proposed rules.
Sincerely,
Trey Apffel
Executive Director, State Bar of Texas
Editor-in-Chief, Texas Bar Journal
(512) 427-1500
@ApffelT on Twitter
GOVERNANCE INFORMATION
As I
explained in my May column, the mandatory bar is facing legal challenges
in Texas and other states across the country. Yet it is the structure of
our Texas Bar, as defined by the State Bar Act, that grants all members
the right to vote on the people who represent us, the rules that
regulate us, and the dues we pay for the right and privilege to practice
law. We will continue to zealously defend the structure of the State Bar
of Texas to preserve our system of self-governance. To follow
developments related to these legal challenges, go to texasbar.com/mcdonaldvlongley.
