Texas House Bill HB3470

Texas 2013 - 83rd Regular

Caption

Relating to a disclosure by an attorney before accepting representation of a client in a suit for the dissolution of marriage.

Impact

The implementation of HB 3470 will amend Section 6 of the Family Code in Texas by adding Section 6.412, which mandates that not only must attorneys disclose essential information, but clients must also acknowledge that they have understood this information in writing prior to proceeding with representation. This proactive disclosure is vital as it aims to alleviate any misunderstandings that may arise in the attorney-client relationship, thereby fostering a more transparent legal process during often emotionally charged divorce cases.

Summary

House Bill 3470 introduces a requirement for attorneys representing clients in divorce proceedings to provide a specific disclosure before accepting their representation. This bill aims to ensure that clients are informed about their options regarding the dissolution of marriage, including alternatives such as arbitration, mediation, and collaborative law. The intent behind this legislation is to promote a clearer understanding of the legal processes available, thereby empowering individuals as they navigate potentially complex family legal issues.

Contention

While the bill supports increased client awareness and informs them about their choices, it may also raise questions about the implications for attorney-client relationships. Some legal professionals might express concern about the additional paperwork and procedural requirements that this bill imposes, potentially complicating the intake process for divorce cases. Nevertheless, this effort is seen as a step forward in balancing the legal landscape by ensuring clients explore and understand all their options before committing to legal representation.