You, being a Defending People reader, have probably already voted in the bar referendum, but there are apparently many Texas lawyers who haven't. If you haven't (or if any of your friends or associates haven't), here's the link:State Bar of Texas 2011 ReferendumWhen asked to justify the changes, the State Bar's argument has been that a) the rules have not changed in twenty years; and b) the

Mimicking proposed legislation in several other states, Rep. Leo Berman (R-Tyler) suggested a constitutional amendment prohibiting Texas courts from enforcing, considering or applying religious or cultural law. As a bulwark against Christian fundamentalist theocracy (which is, let's face it, the only kind of theocracy we could possibly slip into), it's a good start. It'll also keep those pesky Ten Commandments out of the courtroom. But, Rep. Berman,

From lawyer Steve Fischer of Rockport, Texas, in response to Chief Justice Wallace B. Jefferson, who has been tubthumping for the amendments to the Texas Disciplinary Rules of Professional Conduct:

Finally, I think it irresponsible to vote against ALL of the changes based upon your opposition to one rule.  The ballot has 6 questions.  Why throw the baby out with the bath water?   If you actually look at some of the other proposals, you might find you agree with them.That’s SMU lawprof Fred Moss’s argument against straight-ticket “No” referendum voting.Here’s why it is responsible to vote against

As I have said before, the proposed rules have been vetted by the State Bar Disciplinary Rules Committee, the Supreme Court Task Force, the Board of Directors and the Supreme Court itself. To suggest that the final result is a product as flawed as the critics would have you believe is just a bit disingenuous. I hope you will study the proposed rules and make your own

Thanks to the following bloggers, and especially to our out-of-state colleagues, for weighing in on the State Bar of Texas’s attempts to amend the Disciplinary Rules and efforts to do away with flat fees:

The State Bar of Texas is conducting an unlawful referendum on amendments to the Texas Disciplinary Rules of Professional Conduct. Any rules that pass the referendum will be subject to years of litigation; even if they are ultimately upheld by the courts, they will still be illegitimate.

From Brian Burris of the Council of the General Practice, Solos, and Small Firm Section of the State Bar of Texas, a voluntary section that “devotes its energies primarily to the interests of lawyres who practice as solos and in small firms:

Texas Bar's online ballot for the disciplinary rules referendum.Remember: there is no quorum requirement, so abstaining is as good as voting "Yes."

From Jim McCormack of Austin. Jim is a former General Counsel and Chief Disciplinary Counsel to the State Bar of Texas. (If you’re a Texas lawyer, you’ve probably received Jim’s emails about the referendum).