In the past few months, you may have noticed that the Paralegal Division has not had the social media presence of normal.  Additionally, eblasts have been very limited.  I would like to address what happened and why this has occurred.  In November, the 5^th Circuit issued an opinion in a case styled Boudreaux v. Louisiana State Bar Association.  This decision discusses communications by or on behalf of a mandatory bar association (which includes divisions, sections, and committees) about certain issues that were not inherently related to the regulation of attorneys or improving the practice of law, such as general wellness, technology, holidays, and charitable events. Paralegal Division leadership attended several meetings with the State Bar of Texas to discuss how to handle the Boudreaux ruling in communications going forward. While the State Bar and its Paralegal Division have always adhered to the germane standards set out by the 5^th Circuit, it is imperative that the connection to the practice of law is articulated rather than implied. As such, State Bar of Texas policy requires every publication or communication on behalf of the Bar to be reviewed and approved by both Communications and Legal prior to being published.  It does not include discussions between members of the division, or any communications made by individual members that are not purposed to represent the State Bar or Paralegal Division, and any communications related to an already State Bar of Texas approved CLE event.  I encourage you to use the CLE Calendar on the PD website to post your CLE events.

This topic was discussed in the recent Texas Bar Journal, and the article can be found here to review.

If you are interested in reading the entire opinion, the case cite is Boudreaux v. Louisiana State Bar Association, 86 F.4th 620 (5th Cir. 2023).

Please be patient as we navigate these waters with the State Bar of Texas’ help and guidance. We will continue to provide the helpful and necessary information you have come to expect of our Division while maintaining the standards set out by the 5^th Circuit.

Joncilee H. Miller, ACP
President of the Paralegal Division

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