CM-2026-044 - 2/6/2026 allensworth
CONSTRUCTION LAWYERS
January 30, 2026
Via email: bbennett(I roundrocktexas.Rov
Brooks Bennett, City Manager
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Re: Engagement Letter—City of Round Rock, Texas
Dear Brooks:
This letter confirms our firm's engagement with the City of Round Rock, Texas to
assist with issues related to contractor delays by J.D. Abrams, L.P. regarding the
construction of Kenney Fort Blvd., Segments 2 and 3, from Forest Creek Drive to SH 45.
The policy of our law firm requires that we have a formal,written engagement letter setting
forth the scope of the firm's engagement and the arrangement for payment of fees and
expenses. This letter is intended to serve that purpose. This engagement is and will remain
limited to this matter, unless mutually agreed otherwise in writing.
LEGAL FEES AND EXPENSES
I will be the attorney in charge of this matter. Associates will also be working on
this matter. You may call, write, or email me whenever you have any questions. Other firm
personnel, including firm lawyers and paralegals, may also work on this matter if, in our
judgment, their participation is necessary and appropriate.
Our fees are established through the exercise of judgment in each particular matter.
Factors we consider include the time and labor required; the novelty and difficulty of the
issues involved; the skill required to perform the legal services properly; time limitations
imposed by the client or by circumstances; the experience, reputation, and ability of the
attorneys performing services; the amounts involved and the results obtained through our
services; the likelihood that the employment will preclude other employment; the fee
customarily charged in the locality by others for similar services; and the nature and length
of our relationship with each client. In light of these factors, the hourly billing rates for the
professionals in our office are listed in Appendix A.
Billing rates for both attorneys and legal assistants may be adjusted annually and, if
so, will be noted on your bill. It is our practice to prepare itemized invoices, which will
reflect the function performed,the personnel involved in the function, and the time devoted
to that function each day. Our billing rates are based on the assumption of prompt payment.
Consequently, unless other arrangements are made, invoices are due within 30 days of
efr1-27 6-—t '/'!
303 COLORADO STREET, SUITE 2800 AUSTIN,TEXAS 78701 512 708 1250 ALLENSWORTHLAW.COM
allensworth
receipt. We accept payments through the use of a Visa, MasterCard, or American Express
card. If you choose this type of payment protocol,you may go online and use the following
secure invoice payment link: https://secure.lawpay.com/pages/aaplaw/invoice.
It is also our practice to make a separate charge for out-of-pocket expenses incurred
by us in the rendition of our services, including but not limited to charges for photocopying,
messenger and special delivery services, mailing and Federal Express charges, filing and
recording fees, and travel expenses. Any outside invoices received by us will be passed
along to you without any "mark-up." A W-9 form is enclosed for your accounting
department.
For this matter, our engagement will be limited to a not-to-exceed budgeted amount
of$50,000.00. Should our scope expand, or should the existing, limited scope approach
the initial not-to-exceed budget, we will submit a supplemental or amended engagement
letter for review and approval by the City Manager for the City of Round Rock, Texas.
We reserve the right to terminate this engagement at any time that your account
becomes more than 30 days' delinquent.If you have a question about our billing procedures
or invoices, please be sure to contact us.
COOPERATION
We must necessarily rely on the accuracy and completeness of the facts and
information provided to us. In order to enable us to effectively render the legal services
contemplated, you agree to disclose fully and accurately all facts and keep us informed of
all developments relating to the matter for which we have been retained. We will keep you
advised of all significant developments and will provide any reporting that you request.
DOCUMENT RETENTION POLICY
All documents generated by the firm during our work on this file will eventually be
destroyed. We will keep case documents and correspondence for a period of time, not
exceeding five years, after the file is closed. We reserve the right to keep the documents
only in electronic form. You are entitled to receive and make copies of any of the
documents during that period of time, at your expense. Any documents obtained from you
during our work on this matter will be returned to you when the matter is closed, or prior
to that, if requested. You may pick the documents up at our office, or we will arrange to
have them shipped back to you at your expense. They will not be retained and stored. Your
signature accepting this agreement acts also as an acceptance of our document retention
policy as set out above.
303 COLORADO STREET,SUITE 2800 AUSTIN,TEXAS 78701 512 708 1250 ALLENSWORTHLAW.COM 2
attensworth
DISCLAIMER
As is true with all legal services, we cannot and do not guarantee the results of our
representation. We make no express warranties concerning any matter in which we
represent you, and we disclaim any implied warranties.
WITHDRAWAL OR TERMINATION
Our relationship is based upon mutual consent and you may terminate our
engagement at any time, with or without cause, by notifying us. Your termination of our
services will not affect your responsibility for the payment of fees for legal services
rendered, and of any other charges incurred before termination and in connection with an
orderly transition of any open matters.
We are subject to the rules of professional conduct,which list several examples that
require or allow us to withdraw from representing a client, including, for example,
nonpayment of fees or costs, misrepresentation or failure to disclose material facts,
fundamental disagreements, and conflict of interest with another client. We will try to
identify in advance and discuss with you any situation which may lead to our withdrawal,
and if withdrawal ever becomes necessary, we will give you written notice of our
withdrawal. If we elect to withdraw for any reason,you will take all steps necessary to free
us of any obligation to perform further, including the execution of documents necessary to
complete our withdrawal, and we will be entitled to be paid for all services rendered and
other charges accrued on your behalf to the date of withdrawal.
STANDARDS OF PROFESSIONALISM
The Supreme Court of Texas has adopted the Texas Lawyer's Creed. Although
compliance with the Creed is voluntary, we have decided to adhere to its provisions. A
copy of the Creed is attached. If you have any questions about the Creed, we will be glad
to discuss them with you.
Texas law requires that all attorneys provide their clients with the following notices
about the existence of the attorney grievance process: "The State Bar of Texas investigates
and prosecutes professional misconduct committed by Texas attorneys.Although not every
complaint against or dispute with a lawyer involves professional misconduct, the State
Bar's Office of Chief Disciplinary Counsel will provide you with information about how
to file a complaint. Please call 1-800-932-1900 toll free for more information."
303 COLORADO STREET, SUITE 2800 AUSTIN,TEXAS 78701 512 708 1250 ALLENSWORTHLAW.COM 3
allensworth
We sincerely appreciate and look forward to working with you. We request that you
sign and date in the space provided below and return a copy of this letter to reflect that you
are aware of and agree to the terms and conditions of this representation.
Sincerely,
Karly A. o uchin
Board Ce ,I®in Construction Law
by the T; . :oard of Legal Specialization
Direct: (512)291-3101
khouchin@allensworthlaw.com
KAH/mts
Enc.
cc: Stephanie L. Sandre - stephanie(a,scrrlaw.com
APPROVED AND AGREED:
City of Round Rock, Texas
D
By: Date: Z` °L 12O�‘
Brooks Bennett, City Manager
303 COLORADO STREET,SUITE 2800 AUSTIN,TEXAS 78701 512 708 1250 ALLENSWORTHLAW.COM 4
APPENDIX "A"
Professional Hourly Billing Rates 2026
Joe R. Basham $550.00
Matthew C. Ryan $550.00
Travis W. Brown $550.00
Amy M. Emerson $550.00
Jason T. Hill, Of Counsel $550.00
Will W. Allensworth $550.00
S.W. "Whitney"Knight $550.00
Matthew R. Talley $550.00
Tyler T. O'Halloran $550.00
Megan R. Kateff $525.00
Karly A. Houchin $525.00
Jack E. Byrom $525.00
Katherine L. Beran $525.00
Maria S. Korzendorfer $470.00
Caroline K. Gorman $425.00
Matthew D. Roland $425.00
Robert W. Derner $425.00
Jordan T. Rhodes $365.00
Meredith S. Metaxas $350.00
Abigail M. Adkins $350.00
Bo Balagia $350.00
Michael D. Figler $330.00
Mackenzie B. Salter $330.00
Avery M. Bertagna $300.00
Emilia Garanzuay $300.00
Ashley N. Rice $300.00
Law Clerks $245.00
Contract Administrators $245.00
eDiscovery Project Managers $245.00
Paralegals/Legal Assistants $195.00
Form
Request for Taxpayer Give form to the
(Rev.March 2024) Identification Number and Certification requester.Do not
Department of the Treasury Go to www.irs.gov/FormW9 for instructions and the latest Information. send to the IRS.
Internal Revenue Service
Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below.
1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded
entity's name on line 2.)
Allensworth and Porter, LLP
2 Business name/disregarded entity name,if different from above.
Allensworth
c� 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1.Check 4 Exemptions(codes apply only to
only one of the following seven boxes. certain entities,not individuals;
crs
o see Instructions on page 3):
c ❑ Individual/sole proprietor ❑ C corporation ❑ S corporation ❑✓ Partnership ❑ Trust/estate
0
ai e ❑ LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) . . . . Exempt payee code(if any)
Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax
t1 classification of the LLC,unless It is a disregarded entity.A disregarded entity should Instead check the appropriate Exemption from Foreign Account Tax
`o , box for the tax classification of Its owner. Compliance Act(FATCA)reporting
Other(see Instructions) code(if any)
O.
3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as Its tax classification, (Applies to accounts maintained
and you are providing this form to a partnership,trust,or estate In which you have an ownership interest,check outside the United States.)
this box if you have any foreign partners,owners,or beneficiaries.See Instructions ❑
5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional)
303 Colorado Street,Suite 2800
6 City,state,and ZIP code
Austin,Texas 78701
7 List account number(s)here(optional)
Part I Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - -
entitles,it Is your employer identification number(EIN).If you do not have a number,see How to get a or
TIN,later.
Employer identification number
Note:If the account is in more than one name,see the instructions for line 1.See also What Name and
Number To Give the Requester for guidelines on whose number to enter. 7 4 - 2 7 2 7 8 1 0
Part II Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an Individual retirement arrangement(IRA),and,generally,payments
other than interest and divl e s, u are nog required edification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign Signature of
Here U.S.person DateI 2.01C
General Instructions New line 3b has been added to this form.A flow-through entity Is
required to complete this line to indicate that it has direct or indirect
Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9
noted. to another flow-through entity In which it has an ownership Interest.This
Future developments.For the latest information about developments change is intended to provide a flow-through entity with information
related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or
after they were published,go to www.irs.gov/FormW9. beneficiaries,so that It can satisfy any applicable reporting
requirements.For example,a partnership that has any indirect foreign
What's New partners may be required to complete Schedules K-2 and K-3.See the
Partnership Instructions for Schedules K-2 and K-3(Form 1065).
Line 3a has been modified to clarify how a disregarded entity completes
this line.An LLC that is a disregarded entity should check the Purpose of Form
appropriate box for the tax classification of its owner.Otherwise,it
should check the"LLC"box and enter Its appropriate tax classification. An individual or entity(Form W-9 requester)who Is required to file an
information return with the IRS Is giving you this form because they
Cat.No.10231X Form W-9(Rev.3-2024)
Form
Wm Request for Taxpayer Give form to the
(Rev.March 2024) Identification Number and Certification requester.Do not
Department of the Treasury Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS.
Internal Revenue Service
Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below.
1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded
entity's name on line 2.)
Allensworth and Porter, LLP
2 Business name/disregarded entity name,if different from above.
Allensworth
d3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1.Check 4 Exemptions(codes apply only to
m only one of the following seven boxes. certain entities,not individuals;
et
a see instructions on page 3):
c ❑ Individual/sole proprietor ❑ C corporation ❑ S corporation ✓❑ Partnership ❑ Trust/estate
0
y e ElLLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) . . . . Exempt payee code(if any)
o Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax
c.) classification of the LLC,unless It Is a disregarded entity.A disregarded entity should Instead check the appropriate Exemption from Foreign Account Tax
CI' , box for the tax classification of Its owner. Compliance Act(FATCA)reporting
❑ Other(see instructions) code(If any)
au
3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as Its tax classification, (Applies accounts maintained
and you are providing this form to a partnership,trust,or estate In which you have an ownership interest,check outsideiestothe aUccounts
States.)
COthis box If you have any foreign partners,owners,or beneficiaries.See Instructions 0
$ 5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional)
cn
303 Colorado Street,Suite 2800
8 City,state,and ZIP code
Austin,Texas 78701
7 List account number(s)here(optional)
Part I Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — —
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or
TIN,later.
Employer identification number
Note:if the account is in more than one name,see the instructions for line 1.See also What Name and
Number To Give the Requester for guidelines on whose number to enter. 7 4 — 2 7 2 7 8 1 0
Part II Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be issued to me);and
2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)Indicating that I am exempt from FATCA reporting is correct.
Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,Item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments
other than interest and divi erlds, u are no required ertification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign Signature of / / pi
ZvZS
Here U.S.person DateI
General Instructions New line 3b has been added to this form.A flow-through entity is
required to complete this line to indicate that it has direct or indirect
Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9
noted. to another flow-through entity in which it has an ownership Interest.This
Future developments.For the latest information about developments change is intended to provide a flow-through entity with information
related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or
after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting
requirements.For example,a partnership that has any indirect foreign
What's New partners may be required to complete Schedules K-2 and K-3.See the
Partnership Instructions for Schedules K-2 and K-3(Form 1065).
Line 3a has been modified to clarify how a disregarded entity completes
this line.An LLC that is a disregarded entity should check the Purpose of Form
appropriate box for the tax classification of its owner.Otherwise,it
should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an
information return with the IRS is giving you this form because they
Cat.No.10231X Form W-9(Rev,3-2024)
THE TEXAS LAWYER'S CREED
A MANDATE FOR PROFESSIONALISM
Promulgated by
The Supreme Court of Texas and the Court of Criminal Appeals
November 7, 1989
I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal
system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas
Disciplinary Rules of Professional Conduct, but I know that professionalism requires more
than merely avoiding the violation of laws and rules. I am committed to this creed for no
other reason than it is right.
I. OUR LEGAL SYSTEM
A lawyer owes to the administration of justice personal dignity, integrity, and independence.
A lawyer should always adhere to the highest principles of professionalism.
I. I am passionately proud of my profession. Therefore, "My word is my bond."
2. I am responsible to assure that all persons have access to competent representation
regardless of wealth or position in life.
3. I commit myself to an adequate and effective pro bono program.
4. I am obligated to educate my clients, the public, and other lawyers regarding the spirit
and letter of this Creed.
5. I will always be conscious of my duty to the judicial system.
II. LAWYER TO CLIENT
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 any real or imagined fear of judicial disfavor or
public unpopularity, nor be influenced by mere self-interest.
I. I will advise my client of the contents of this creed when undertaking representation.
2. I will endeavor to achieve my client's lawful objectives in legal transactions and in
litigation as quickly and economically as possible.
3. I will be loyal and committed to my client's lawful objectives, but I will not permit that
loyalty and commitment to interfere with my duty to provide objective and
independent advice.
4. I will advise my client that civility and courtesy are expected and are not a sign of
weakness.
5. I will advise my client of proper and expected behavior.
6. I will treat adverse parties and witnesses with fairness and due consideration. A client
has no right to demand that I abuse anyone or indulge in any offensive
conduct.
7. I will advise my client that we will not pursue conduct which is intended primarily to
harass or drain the financial resources of the opposing party.
8. I will advise my client that we will not pursue tactics which are intended primarily for
delay.
9. I will advise my client that we will not pursue any course of action which is without
merit.
10. I will advise my client that I reserve the right to determine whether to grant
accommodations to opposing counsel in all matters that do not adversely affect my
client's lawful objectives. A client has no right to instruct me to refuse reasonable
requests made by other counsel.
11. I will advise my client regarding the availability of mediation, arbitration, and other
alternative methods of resolving and settling disputes.
III. LAWYER TO LAWYER
A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of
litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and
mutual understandings. Ill feelings between clients shall not influence a lawyer's conduct,
attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional
conduct in retaliation against other unprofessional conduct.
1. I will be courteous, civil, and prompt in oral and written communications.
2. I will not quarrel over matters of form or style, but I will concentrate on matters of
substance.
3. I will identify for other counsel or parties all changes I have made in documents
submitted for review.
4. I will attempt to prepare documents which correctly reflect the agreement of the
parties. I will not include provisions which have not been agreed upon or omit
provisions which are necessary to reflect the agreement of the parties.
5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon
as practicable, when hearings, depositions, meetings, conferences or
closings are cancelled.
6. I will agree to reasonable requests for extensions of time and for waiver of procedural
formalities, provided legitimate objectives of my client will not be
adversely affected.
7. I will not serve motions or pleadings in any manner that unfairly limits another party's
opportunity to respond.
8. I will attempt to resolve by agreement my objections to matters contained in pleadings
and discovery requests and responses.
9. I can disagree without being disagreeable. I recognize that effective representation
does not require antagonistic or obnoxious behavior. I will neither encourage
nor knowingly permit my client or anyone under my control to do anything which would
be unethical or improper if done by me.
10. I will not, without good cause, attribute bad motives or unethical conduct to opposing
counsel nor bring the profession into disrepute by unfounded accusations
of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing
counsel, parties and witnesses. I will not be influenced by any ill feeling
between clients. I will abstain from any allusion to personal peculiarities or
idiosyncrasies of opposing counsel.
11. I will not take advantage, by causing any default or dismissal to be rendered, when I
know the identity of an opposing counsel, without first inquiring about that
counsel's intention to proceed.
12. I will promptly submit orders to the Court. I will deliver copies to opposing counsel
before or contemporaneously with submission to the Court. I Will promptly
approve the form of orders which accurately reflect the substance of the rulings of the
Court.
13. I will not attempt to gain an unfair advantage by sending the Court or its staff
correspondence or copies of correspondence.
14. I will not arbitrarily schedule a deposition, court appearance, or hearing until a good
faith effort has been made to schedule it by agreement.
15. I will readily stipulate to undisputed facts in order to avoid needless costs or
inconvenience for any party.
16. I will refrain from excessive and abusive discovery.
17. I will comply with all reasonable discovery requests. I will not resist discovery requests
which are not objectionable. I will not make objections nor give
instructions to a witness for the purpose of delaying or obstructing the discovery
process. I will encourage witnesses to respond to all deposition questions
which are reasonably understandable. I will neither encourage nor permit my witness
to quibble about words where their meaning is reasonably clear.
18. I will not seek Court intervention to obtain discovery which is clearly improper and not
discoverable.
19. I will not seek sanctions or disqualification unless it is necessary for protection of my
client's lawful objectives or is fully justified by the circumstances.
IV. LAWYER AND JUDGE
Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection
against unjust and improper criticism and attack. Lawyers and judges are equally
responsible to protect the dignity and independence of the Court and the profession.
I. I will always recognize that the position of judge is the symbol of both the judicial
system and administration of justice. I will refrain from conduct that degrades
this symbol.
2. I will conduct myself in Court in a professional manner and demonstrate my respect for
the Court and the law.
3. I will treat counsel, opposing parties, the Court, and members of the Court staff with
courtesy and civility.
4. I will be punctual.
5. I will not engage in any conduct which offends the dignity and decorum of proceedings.
6. I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or
authorities to gain an advantage.
7. I will respect the rulings of the Court.
8. I will give the issues in controversy deliberate, impartial and studied analysis and
consideration.
9. I will be considerate of the time constraints and pressures imposed upon the Court,
Court staff and counsel in efforts to administer justice and resolve disputes.
ORDER OF THE SUPREME COURT OF TEXAS
AND THE COURT OF CRIMINAL APPEALS
The conduct of a lawyer should be characterized at all times by honesty, candor, and
fairness. In fulfilling his or her primary duty to a client, a lawyer must be ever mindful of the
profession's broader duty to the legal system.
The Supreme Court of Texas and the Court of Criminal Appeals are committed to eliminating
a practice in our State by a minority of lawyers of abusive tactics which have surfaced in
many parts of our country. We believe such tactics are a disservice to our citizens, harmful
to clients, and demeaning to our profession.
The abusive tactics range from lack of civility to outright hostility and obstructionism. Such
behavior does not serve justice but tends to delay and often deny justice. The lawyers who
use abusive tactics instead of being part of the solution have become part of the problem.
The desire for respect and confidence by lawyers from the public should provide the
members of our profession with the necessary incentive to attain the highest degree of
ethical and professional conduct. These rules are primarily aspirational. Compliance with the
rules depends primarily upon understanding and voluntary compliance, secondarily upon re-
enforcement by peer pressure and public opinion, and finally when necessary by
enforcement by the courts through their inherent powers and rules already in existence.
These standards are not a set of rules that lawyers can use and abuse to incite ancillary
litigation or arguments over whether or not they have been observed.
We must always be mindful that the practice of law is a profession. As members of a
learned art we pursue a common calling in the spirit of public service. We have a proud
tradition. Throughout the history of our nation, the members of our citizenry have looked to
the ranks of our profession for leadership and guidance. Let us now as a profession each
rededicate ourselves to practice law so we can restore public confidence in our profession,
faithfully serve our clients, and fulfill our responsibility to the legal system.
The Supreme Court of Texas and the Court of Criminal Appeals hereby promulgate and
adopt
"The Texas Lawyer's Creed - A Mandate for Professionalism" as attached hereto and
made a part hereof.
In Chambers, this 7th day of November, 1989.
The Supreme Court of Texas The Court of Criminal Appeals
Michael J. McCormick, Presiding Judge
Thomas. R. Phillips, Chief Justice W. C. Davis
Franklin S. Spears
C. L. Ray Sam Houston Clinton
Raul A. Gonzales Marvin 0. Teague
Oscar H. Mauzy Chuck Miller
Eugene A. Cook Charles F. (Chuck) Campbell
Jack Hightower Bill White
Nathan L. Hecht M. P. Duncan, III
David A. Berchelmann, Jr.
Lloyd A. Doggett
Judges
Justices
THE TEXAS LAWYER'S CREED
A MANDATE FOR PROFESSIONALISM
Promulgated by
The Supreme Court of Texas and the Court of Criminal Appeals
November 7, 1989
I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal
system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas
Disciplinary Rules of Professional Conduct, but I know that professionalism requires more
than merely avoiding the violation of laws and rules. I am committed to this creed for no
other reason than it is right.
I. OUR LEGAL SYSTEM
A lawyer owes to the administration of justice personal dignity, integrity, and independence.
A lawyer should always adhere to the highest principles of professionalism.
I. I am passionately proud of my profession. Therefore, "My word is my bond."
2. I am responsible to assure that all persons have access to competent representation
regardless of wealth or position in life.
3. I commit myself to an adequate and effective pro bono program.
4. I am obligated to educate my clients, the public, and other lawyers regarding the spirit
and letter of this Creed.
5. I will always be conscious of my duty to the judicial system.
II. LAWYER TO CLIENT
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 any real or imagined fear of judicial disfavor or
public unpopularity, nor be influenced by mere self-interest.
I. I will advise my client of the contents of this creed when undertaking representation.
2. I will endeavor to achieve my client's lawful objectives in legal transactions and in
litigation as quickly and economically as possible.
3. I will be loyal and committed to my client's lawful objectives, but I will not permit that
loyalty and commitment to interfere with my duty to provide objective and
independent advice.
4. I will advise my client that civility and courtesy are expected and are not a sign of
weakness.
5. I will advise my client of proper and expected behavior.
6. I will treat adverse parties and witnesses with fairness and due consideration. A client
has no right to demand that I abuse anyone or indulge in any offensive
conduct.
7. I will advise my client that we will not pursue conduct which is intended primarily to
harass or drain the financial resources of the opposing party.
8. I will advise my client that we will not pursue tactics which are intended primarily for
delay.
9. I will advise my client that we will not pursue any course of action which is without
merit.
10. I will advise my client that I reserve the right to determine whether to grant
accommodations to opposing counsel in all matters that do not adversely affect my
client's lawful objectives. A client has no right to instruct me to refuse reasonable
requests made by other counsel.
11. I will advise my client regarding the availability of mediation, arbitration, and other
alternative methods of resolving and settling disputes.
III. LAWYER TO LAWYER
A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of
litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and
mutual understandings. Ill feelings between clients shall not influence a lawyer's conduct,
attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional
conduct in retaliation against other unprofessional conduct.
1. I will be courteous, civil, and prompt in oral and written communications.
2. I will not quarrel over matters of form or style, but I will concentrate on matters of
substance.
3. I will identify for other counsel or parties all changes I have made in documents
submitted for review.
4. I will attempt to prepare documents which correctly reflect the agreement of the
parties. I will not include provisions which have not been agreed upon or omit
provisions which are necessary to reflect the agreement of the parties.
5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon
as practicable, when hearings, depositions, meetings, conferences or
closings are cancelled.
6. I will agree to reasonable requests for extensions of time and for waiver of procedural
formalities, provided legitimate objectives of my client will not be
adversely affected.
7. I will not serve motions or pleadings in any manner that unfairly limits another party's
opportunity to respond.
8. I will attempt to resolve by agreement my objections to matters contained in pleadings
and discovery requests and responses.
9. I can disagree without being disagreeable. I recognize that effective representation
does not require antagonistic or obnoxious behavior. I will neither encourage
nor knowingly permit my client or anyone under my control to do anything which would
be unethical or improper if done by me.
10. I will not, without good cause, attribute bad motives or unethical conduct to opposing
counsel nor bring the profession into disrepute by unfounded accusations
of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing
counsel, parties and witnesses. I will not be influenced by any ill feeling
between clients. I will abstain from any allusion to personal peculiarities or
idiosyncrasies of opposing counsel.
11. I will not take advantage, by causing any default or dismissal to be rendered, when I
know the identity of an opposing counsel, without first inquiring about that
counsel's intention to proceed.
12. I will promptly submit orders to the Court. I will deliver copies to opposing counsel
before or contemporaneously with submission to the Court. I Will promptly
approve the form of orders which accurately reflect the substance of the rulings of the
Court.
13. I will not attempt to gain an unfair advantage by sending the Court or its staff
correspondence or copies of correspondence.
14. I will not arbitrarily schedule a deposition, court appearance, or hearing until a good
faith effort has been made to schedule it by agreement.
15. I will readily stipulate to undisputed facts in order to avoid needless costs or
inconvenience for any party.
16. I will refrain from excessive and abusive discovery.
17. I will comply with all reasonable discovery requests. I will not resist discovery requests
which are not objectionable. I will not make objections nor give
instructions to a witness for the purpose of delaying or obstructing the discovery
process. I will encourage witnesses to respond to all deposition questions
which are reasonably understandable. I will neither encourage nor permit my witness
to quibble about words where their meaning is reasonably clear.
18. I will not seek Court intervention to obtain discovery which is clearly improper and not
discoverable.
19. I will not seek sanctions or disqualification unless it is necessary for protection of my
client's lawful objectives or is fully justified by the circumstances.
IV. LAWYER AND JUDGE
Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection
against unjust and improper criticism and attack. Lawyers and judges are equally
responsible to protect the dignity and independence of the Court and the profession.
I. I will always recognize that the position of judge is the symbol of both the judicial
system and administration of justice. I will refrain from conduct that degrades
this symbol.
2. I will conduct myself in Court in a professional manner and demonstrate my respect for
the Court and the law.
3. I will treat counsel, opposing parties, the Court, and members of the Court staff with
courtesy and civility.
4. I will be punctual.
5. I will not engage in any conduct which offends the dignity and decorum of proceedings.
6. I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or
authorities to gain an advantage.
7. I will respect the rulings of the Court.
8. I will give the issues in controversy deliberate, impartial and studied analysis and
consideration.
9. I will be considerate of the time constraints and pressures imposed upon the Court,
Court staff and counsel in efforts to administer justice and resolve disputes.
ORDER OF THE SUPREME COURT OF TEXAS
AND THE COURT OF CRIMINAL APPEALS
The conduct of a lawyer should be characterized at all times by honesty, candor, and
fairness. In fulfilling his or her primary duty to a client, a lawyer must be ever mindful of the
profession's broader duty to the legal system.
The Supreme Court of Texas and the Court of Criminal Appeals are committed to eliminating
a practice in our State by a minority of lawyers of abusive tactics which have surfaced in
many parts of our country. We believe such tactics are a disservice to our citizens, harmful
to clients, and demeaning to our profession.
The abusive tactics range from lack of civility to outright hostility and obstructionism. Such
behavior does not serve justice but tends to delay and often deny justice. The lawyers who
use abusive tactics instead of being part of the solution have become part of the problem.
The desire for respect and confidence by lawyers from the public should provide the
members of our profession with the necessary incentive to attain the highest degree of
ethical and professional conduct. These rules are primarily aspirational. Compliance with the
rules depends primarily upon understanding and voluntary compliance, secondarily upon re-
enforcement by peer pressure and public opinion, and finally when necessary by
enforcement by the courts through their inherent powers and rules already in existence.
These standards are not a set of rules that lawyers can use and abuse to incite ancillary
litigation or arguments over whether or not they have been observed.
We must always be mindful that the practice of law is a profession. As members of a
learned art we pursue a common calling in the spirit of public service. We have a proud
tradition. Throughout the history of our nation, the members of our citizenry have looked to
the ranks of our profession for leadership and guidance. Let us now as a profession each
rededicate ourselves to practice law so we can restore public confidence in our profession,
faithfully serve our clients, and fulfill our responsibility to the legal system.
The Supreme Court of Texas and the Court of Criminal Appeals hereby promulgate and
adopt
"The Texas Lawyer's Creed - A Mandate for Professionalism" as attached hereto and
made a part hereof.
In Chambers, this 7th day of November, 1989.
The Supreme Court of Texas The Court of Criminal Appeals
Thomas. R. Phillips, Chief Justice
Michael J. McCormick, Presiding Judge
W. C. Davis
Franklin S. Spears
Sam Houston Clinton
C. L. Ray
Marvin O. Teague
Raul A. Gonzales
Oscar H. Mauzy Chuck Miller
Eugene A. Cook Charles F. (Chuck) Campbell
Bill White
Jack Hightower
M. P. Duncan, III
Nathan L. Hecht
David A. Berchelmann, Jr.
Lloyd A. Doggett Judges
Justices