Texas 2015 - 84th Regular

Texas House Bill HB1195

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

Should the bill be enacted, it would revise the framework of family law practice in Texas by imposing additional responsibilities on attorneys. The implementation of this disclosure requirement is intended to enhance transparency in the legal process and facilitate clients' understanding of various dispute resolution methods, possibly reducing the reliance on litigation. By formalizing the disclosure process, the bill may lead to a shift in how clients approach divorce proceedings, encouraging them to explore other avenues before resorting to a courtroom battle.

Summary

House Bill 1195 seeks to amend the Family Code by instituting new disclosure requirements for attorneys before they accept representation in divorce proceedings. Specifically, it mandates that an attorney must provide prospective clients with a written disclosure about alternative processes such as arbitration, mediation, and collaborative law before agreeing to represent them. This ensures that clients are fully informed about their options for resolving divorce-related issues outside of traditional litigation. The bill is primarily aimed at promoting informed decision-making among clients regarding their legal representation during a potentially contentious period.

Sentiment

The sentiment surrounding HB 1195 appears to be largely positive. Supporters, including family law practitioners and advocates for alternative dispute resolution, see the bill as a progressive step towards empowering clients with knowledge. They argue that better-informed clients are more likely to seek collaborative solutions, which can reduce the emotional and financial toll of divorce. However, there may also be concerns regarding the added administrative burden for attorneys who must ensure compliance with these new requirements.

Contention

One notable point of contention related to HB 1195 might arise from the existing practices of family law attorneys, who could perceive the new disclosure requirements as unnecessary or cumbersome. Some attorneys may argue that clients are already informed about their options through informal discussions, and mandated disclosures could generate additional paperwork without significantly enhancing client understanding. Another area of debate may focus on the specifics of the required disclosure form, which the State Bar of Texas will need to develop to comply with the new law.

Companion Bills

No companion bills found.

Previously Filed As

TX HB5291

Relating to an agreed divorce order in a suit for dissolution of marriage.

TX SB80

Relating to a suit for dissolution of marriage and associated suit affecting the parent-child relationship when a party is pregnant.

TX HB3754

Relating to a suit for dissolution of a marriage and associated suit affecting the parent-child relationship when a party is pregnant.

TX HB2094

Relating to a court order for the exclusive occupancy of the primary residence by a spouse during the pendency of a suit for dissolution of a marriage.

TX HB1499

Relating to the duties of court-appointed guardians ad litem, attorneys ad litem, and amicus attorneys in certain suits affecting the parent-child relationship.

TX HB2067

Relating to the jurisdiction of a court in a suit to divide certain property not divided or awarded on the dissolution of a marriage.

TX SB2277

Relating to special appointments in suits affecting the parent-child relationship.

TX HB1544

Relating to special appointments in suits affecting the parent-child relationship.

TX SB24

Relating to special appointments in suits affecting the parent-child relationship.

TX SB13

Relating to special appointments in suits affecting the parent-child relationship.

Similar Bills

No similar bills found.