Tex. Disciplinary Rules Prof'l Conduct R. 4.04 · Part IV. NON-CLIENT RELATIONSHIPS
Respect for Rights of Third Persons
Text — Effective March 7, 2025
(a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.
(b) A lawyer shall not present, participate in presenting, or threaten to present:
(1) criminal or disciplinary charges solely to gain an advantage in a civil matter; or
(2) civil, criminal or disciplinary charges against a complainant, a witness, or a potential witness in a bar disciplinary proceeding solely to prevent participation by the complainant, witness or potential witness therein.
Notes and commentary — not rule text
Comment:
1. Although in most cases a lawyer’s responsibility to the interest of his client is paramount to the interest of other persons, a lawyer should avoid the infliction of needless harm.
2. Using or threatening to use the criminal process solely to coerce a party in a private matter improperly suggests that the criminal process can be manipulated by private interests for personal gain. However, giving any notice required by law or applicable rules of practice or procedure as a prerequisite to instituting criminal charges does not violate this Rule, unless the underlying criminal charges were made without probable cause.
3. Using or threatening to use the civil, criminal, or disciplinary processes to coerce a complainant, a witness, or a potential witness in a bar disciplinary proceeding is an implication that lawyers can manipulate the legal system to their personal advantage. Creating such false impressions is an abuse of the legal system that diminishes public confidence in the legal profession and in the fairness of the legal system as a whole.
Source of truth
- Edition
- Effective March 7, 2025
- Official file
- https://www.txcourts.gov/media/1459244/texas-disciplinary-rules-of-professional-conduct-pdf.pdf (PDF pages 84)
- Text hash
- sha256 c07db72aea6d955f92ed9fbbd0c3e5fd2acfb0aa4b0a25bf4c00d86edcf2e4b5
- Composed by
- compose_tx_conduct.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.