Ethics Question of the Month September 2026

Look Who’s Talking

Did this pro se lawyer violate the Texas Disciplinary Rules of Professional Conduct by communicating directly with a person represented by counsel?

The Situation

Attorney Nancy previously rented office space from Mike. Shortly after moving out of the space, she received a demand letter from Mike’s attorney, Daphne, related to property damage. Daphne eventually files suit against Nancy on Mike’s behalf.

Nancy decides to proceed pro se.

Aware that Daphne represents Mike in the matter—and without Daphne’s permission—Nancy sends Mike an email suggesting they settle the dispute.

After learning about the email, Daphne sends a letter to Nancy instructing that all correspondence on the matter be directed to her. Despite receiving the letter, Nancy calls Mike and again suggests settlement.

Based on a recent Supreme Court of Texas opinion, did Nancy violate the Texas Disciplinary Rules of Professional Conduct by communicating directly with Mike about possible settlement?

The Question

Based on a recent Supreme Court of Texas opinion, did Nancy violate the Texas Disciplinary Rules of Professional Conduct by communicating directly with Mike about possible settlement?

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

  1. A 0
  2. B 0
  3. C 0
  4. D 0

The Explanation

Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct provides, in pertinent part:

In representing a client, a lawyer shall not communicate or cause or encourage another to communicate about the subject of the representation with a person, organization or entity of government the lawyer knows to be represented by another lawyer regarding that subject, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.

Tex. Disciplinary Rules Prof’l Conduct R. 4.02(a).

In the scenario at hand, Nancy—who is a lawyer acting pro se—communicated with Mike about the subject of representation without the consent of his attorney, Daphne. So, did these communications by a pro se lawyer violate Rule 4.02?

In Ruth v. Comm’n for Law. Discipline, the Supreme Court of Texas concluded that “Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, which prohibits a lawyer from engaging in conduct ‘[i]n representing a client,’ does not apply to a pro se lawyer.” No. 24-0613, 2026 WL 1699920, at *7 (Tex. June 12, 2026).

Based on the decision, Nancy did not violate Rule 4.02 by communicating with Mike about possible settlement since she was acting pro se. The correct answer is A.

In Ruth, the court emphasized that “[the] holding—a disciplinary rule governing a lawyer's conduct ‘[i]n representing a client’ does not extend to a pro se lawyer—does not give a lawyer carte blanche to engage in unethical conduct or otherwise abuse the litigation process.” Id. Citing multiple examples, the court explained that “most of the disciplinary rules are not so cabined.” Id.

For more Ethics Question of the Month columns, go to legalethicstexas.com/ethics-question-of-the-month.

Bluebook Citation

Look Who’s Talking: Ethics Question of the Month - September 2026, Texas Center for Legal Ethics (2026), from https://legalethicstexas.com/ethics-question-of-the-month/ethics-question-of-the-month-september-2026/ (last visited Aug 28, 2026)

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