Your professional reputation is on the line. Trust someone who knows the system and gets results.
Attorney discipline proceedings can expose a lawyer to sanctions ranging from a reprimand to suspension to disbarment. The results can be devastating, both personally and professionally. If you are facing discipline charges, it is imperative that you hire someone who understands the unique and sometimes complex system of attorney discipline.
Prior to entering private practice, Laura spent 10 years in the Texas Bar’s Office of Chief Disciplinary Counsel, managing all aspects of the attorney discipline system in the Austin Region, including litigation, investigations, grievance administration, budget and HR. Laura also directed the operations and staff of each of CDC’s Statewide Programs, including Classification and Intake, Appeals, Grievance Referral Program, Ethics Helpline, and Compliance. Finally, Laura served as lead counsel in some of the Bar’s most difficult and high-profile litigation.
In short, you would be hard-pressed to find anyone who understands the inner workings of the attorney grievance system better than Laura.
If a grievance has been filed against you, you need to take swift action. There are strict deadlines by which a response must be filed and it is imperative that CDC receive this response before making its determination as to whether to dismiss, present the case to an Investigatory Panel, or file formal disciplinary charges and proceed into litigation.
Schedule a consultation with Laura to assess your options and map a strategy for moving forward. Your professional standing is too important to risk—work with counsel who understands the Texas grievance system and how to defend lawyers when everything is on the line.
Frequently Asked Questions
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Within 30 days of receipt, the CDC must classify the filing as an Inquiry (dismissed), a Complaint (moves forward), or a Discretionary Referral to the State Bar’s Client-Attorney Assistance Program (CAAP). A complainant may appeal an Inquiry dismissal to the Board of Disciplinary Appeals (BODA); a respondent may appeal a Complaint classification to BODA.
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You must provide a written response to both the CDC and the complainant within 30 days after receiving the notice. If you appeal the classification decision to BODA, the response deadline is stayed while the appeal is pending.
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CDC has 60 days from the date the attorney’s response is due to make a determination of “Just Cause,” although that time is extended if CDC sets the case for an Investigatory Hearing or issues Investigatory Subpoenas.
Whereas the classification stage is limited to ascertaining whether a rule violation has been properly alleged, the investigation process seeks to determine whether there is sufficient evidentiary support for the allegations to warrant a finding of “Just Cause.” As part of its investigation, CDC may interview witnesses, subpoena bank records or other relevant documentation, and review court records, correspondence, files, settlement checks, etc.
After reviewing the evidence, CDC has three options: 1) recommend dismissal, 2) set the case for an Investigatory Hearing, or 3) make a finding of “Just Cause” and send the case into litigation.
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Investigatory Hearings are proceedings conducted to advance the State Bar’s investigation and, in some cases, to provide an opportunity for early resolution. A panel of local Grievance Committee members presides over the hearing. The Respondent, the Complainant, and any other necessary witnesses appear and provide testimony under questioning by the Committee and Bar Counsel.
The outcomes of an Investigatory Hearing carry significant consequences: the matter may be resolved through a negotiated sanction, the Committee may issue a finding of Just Cause, or the complaint may be dismissed.
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A Respondent is provided written notice of the allegations and is given 20 days to file a written election seeking to have the case heard before
an Evidentiary Panel (grievance committee), or
District Court (with or without a jury).
If the Respondent fails to timely file an election, the case defaults to an Evidentiary Panel.
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Most malpractice insurance policies require prompt notice of any grievance or potential claim. Carrier requirements vary, so review your policy carefully and provide notice in accordance with its terms.