Professional Ethics Committee For the State Bar of Texas
Topic: “ Under the Texas Disciplinary Rules of Professional Conduct, may a lawyer refuse a former client’s request to disclose or turn over the lawyer’s notes made in the course of and in furtherance of his representation of the client? “
Conclusion of the Committee:
“Under the Texas Disciplinary Rules of Professional Conduct, a lawyer must upon request provide to a former client the notes of the lawyer from the lawyer’s file for that former client except when the lawyer has the right to withhold the notes pursuant to a legal right such as a lawyer’s lien, when the lawyer is required to withhold the lawyer’s notes (or portions thereof) by court order, or when not withholding the notes (or portions thereof) would violate a duty owed to a third person or risk causing serious harm to the client.”
Rules: Texas Rules of Professional Conduct 1.14(b), 1.15(d)
Cited Authorities:
- Hebisen v. State, 615 S.W. 2d 866 (Tex. App. – Houston [1st Dist.] 1981, no writ)
- In re George, 28 S.W.3d 511 (Tex. 2000)
- Occidental Chemical Corp. v. Banales, 907 S.W.2d 488, 490 (Tex. 1995)
- Resolution Trust Corporation v. H ___, P.C., 128 F.R.D. 647 (N.D. Tex. 1989)
- Restatement (Third) of The Law Governing Lawyers (American Law Institute 2000) Section 46
- Texas ethics opinion 411 (January 1984)
- Texas ethics opinion 395 (May 1979, modified March 1980)
Related Document:
The full text is available at http://www.legalethicstexas.com…