(i) If a lawyer would be prohibited by this Rule from engaging in particular conduct, no other
Texas Disciplinary Rules of Professional Conduct
Rule: 1.04
Jurisdiction: TX
Bluebook Citation: Tex. Disciplinary R. Prof'l Conduct 1.04
lawyer while a member of or associated with that lawyer’s firm may engage in that conduct. (j) As used in this Rule, “business transactions” does not include standard commercial transactions between the lawyer and the client for products or services that the client generally markets to others. 36 Comment: Business Transactions between Client and Lawyer 1. A lawyer’s legal skill and training, together with the relationship of trust and confidence between lawyer and client, create the possibility of overreaching when the lawyer participates in a business, property, or financial transaction with a client, for example, a loan or sales transaction or a lawyer investment on behalf of a client. The requirements of paragraph (a) must be met even when the transaction is not closely related to the subject matter of the representation, as when a lawyer drafting a will for a client learns that the client needs money for unrelated expenses and offers to make a loan to the client. This Rule applies to lawyers engaged in the sale of goods or services related to the practice of law, for example, the sale of title insurance or investment services to existing clients of the lawyer’s legal practice. It also applies to lawyers purchasing property from estates they represent. It does not apply to ordinary fee arrangements between client and lawyer, which are governed by Rule 1.04, although its requirements must be met when the lawyer accepts an interest in the client’s business as payment of all or part of a fee. Also, material changes to an existing fee arrangement made during the course of a representation must satisfy this Rule in addition to
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