Res 2023-059/approving the selection of Attorney Bradford E. Bullock of Messer Fort & McDonald PLLC, as

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STANDARDS FOR APPELLATE CONDUCT 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. 5. Counsel will explain the appellate process to their clients. Counsel will advise clients of the range of potential outcomes, likely costs, timetables, effect of the judgment pending appeal, and the availability of alternative dispute resolution. 6. Counsel will not foster clients' unrealistic expectations. 7. Negative opinions of the court or opposing counsel shall not be expressed unless relevant to a client's decision process. 8. Counsel will keep clients informed and involved in decisions and will promptly respond to inquiries. 9. Counsel will advise their clients of proper behavior, including that civility and courtesy are expected. 10. Counsel will advise their clients that counsel reserves the right to grant accommodations to opposing counsel in matters that do not adversely affect the client's lawful objectives.A client has no right to instruct a lawyer to refuse reasonable requests made by other counsel. 11. A client has no right to demand that counsel abuse anyone or engage in any offensive conduct. 12. Counsel will advise clients that an appeal should only be pursued in a good faith belief that the trial court has committed error or that there is a reasonable basis for the extension, modification, or reversal of existing law, or that an appeal is otherwise warranted.