Contact Rules Attorney Marisa Secco (512) 463-1353
Lawyers are an indispensable part of the pursuit of justice. They are officers of courts charged with
safeguarding, interpreting, and applying the law through which justice is achieved. Appellate courts rely on
counsel to present opposing views of how the law should be applied to facts established in other proceedings.
The appellate lawyer's role is to present the law controlling the disposition of a case in a manner that clearly
reveals the legal issues raised by the record while persuading the court that an interpretation or application
favored by the lawyer's clients is in the best interest of the administration of equal justice under law.
The duties lawyers owe to the justice system, other officers of the court, and lawyers' clients are generally
well-defined and understood by the appellate bar. Problems that arise when duties conflict can be resolved
through understanding the nature and extent of a lawyer's respective duties, avoiding the tendency to
emphasize a particular duty at the expense of others, and detached common sense. To that end, the following
standards of conduct for appellate lawyers are set forth by reference to the duties owed by every appellate
practitioner.
Use of these standards for appellate conduct as a basis for motions for sanctions, civil liability or litigation
would be contrary to their intended purpose and shall not be permitted. Nothing in these standards alters
existing standards of conduct under the Texas Disciplinary Rules of Professional Conduct, the Texas Rules of
Disciplinary Procedure or the Code of Judicial Conduct.
Lawyers' Duties to Clients
A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate means
to protect and advance the client's legitimate rights, claims, and objectives. A lawyer shall not be deterred by a
real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self-interest. The
lawyer's duty to a client does not militate against the concurrent obligation to treat with consideration all
persons involved in the legal process and to avoid the infliction of harm on the appellate process, the courts,
and the law itself.
1. Counsel will advise their clients of the contents of these Standards of Conduct when undertaking
representation.
2. Counsel will explain the fee agreement and cost expectation to their clients. Counsel will then endeavor to
achieve the client's lawful appellate objectives as quickly, efficiently, and economically as possible.
3. Counsel will maintain sympathetic detachment, recognizing that lawyers should not become so closely
associated with clients that the lawyer's objective judgment is impaired.
4. Counsel will be faithful to their clients' lawful objectives, while mindful of their concurrent duties to the legal
system and the public good.
