Ethics Question of the Month March 2026

Paperback Writer

Can you correctly answer this question involving an attorney’s proposal to a client to acquire literary and media rights to a portrayal based on the representation?

The Situation

Attorney Maria practices white-collar criminal defense. Maria currently represents Joe, the high-profile CEO of a technology company. The case involves allegations of fraud and embezzlement and has received widespread media attention.

Given the media coverage and several dramatic plot twists, Maria thinks the case has all the makings of a best-selling book or a Hollywood film.

Prior to trial, Maria presents Joe with a proposal to acquire literary and media rights to a portrayal based on her representation of Joe in the case. The terms of the proposal are fully disclosed to Joe in writing in a manner that he can reasonably understand.

The Question

Which of the following best describes whether the Texas Disciplinary Rules of Professional Conduct (TDRPC) allow Maria to enter into the agreement with Joe during the representation?

The Correct Answer is G Of 1 Responses, 0% are correct.

  1. A 1
  2. B 0
  3. C 0
  4. D 0
  5. E 0
  6. F 0
  7. G 0

The Explanation

Maria believes Joe’s case is great material for a book or film. But can she permissibly make or negotiate such an agreement during the representation? TDRPC Rule 1.08(c) directly addresses the question, stating:

Prior to the conclusion of all aspects of the matter giving rise to the lawyer's employment, a lawyer shall not make or negotiate an agreement with a client, prospective client, or former client giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.

Comment 5 to Rule 1.08 explains that such an agreement “creates a conflict between the interests of the client and the personal interests of the lawyer. Measures suitable in the representation of the client may detract from the publication value of an account of the representation.” The correct answer is G.

Although not at issue in this scenario, Comment 5 adds that, by contrast, Rule 1.08(c) “does not prohibit a lawyer representing a client in a transaction concerning literary property from agreeing that the lawyer's fee shall consist of a share in ownership in the property, if the arrangement conforms to Rule 1.04 and to paragraph (h) of [Rule 1.08].”

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Bluebook Citation

Paperback Writer: Ethics Question of the Month - March 2026, Texas Center for Legal Ethics (2026), from https://legalethicstexas.com/ethics-question-of-the-month/ethics-question-of-the-month-march-2026/ (last visited Feb 26, 2026)

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