Our fellow Texas attorneys know well just how much work goes into qualifying for a law license in the state of Texas. And rightly so—the practice of law is laden with responsibilities and with the requirement that attorneys adhere to a high standard of conduct in every aspect of life. An accusation that one has failed to meet this standard of conduct can mean disbarment by the Texas State Bar—and a corresponding loss of livelihood. One major claim sometimes made against attorneys is that they have violated the duty of care to their clients.
The fiduciary duty of care that attorneys are held to is a high one. As advocates, attorneys are charged with taking the client’s cause as their own. Allegations of violations of this fiduciary duty tend to be subcategorized into negligent violation of the duty and intentional violation of the duty. Where the violation is most likely to be proved to be negligent, generally the consequence is one determined in civil court via a lawsuit the client files against the attorney. Most often the Bar won’t get involved here unless the negligence is truly heinous. But where things get sticky is when the allegation is one of intentional violation of the fiduciary duty of care.
The violation of this duty is essentially the undoing of the attorney’s purpose. In a very real sense, an attorney’s profession is the concept of doing the duty of caring for one’s client as though that client’s interests were one’s own. To violate this duty purposely is to prove to the Bar that one is not suited to the profession. This can happen in any number of ways, such as undermining a case with double-dealing or by improperly taking funds from a client’s trust for personal use.
But allegations of intentional violation of the duty of care may be made in error—whether intentionally or out of misunderstanding. And when this happens, it’s important to have an advocate to stand up to the Bar and prove that the allegations are mistaken—with the full duty of care an attorney owes their client.
Professional License Defense
BERTOLINO LLP provides aggressive advocacy for professionals who are facing disciplinary action in front of a licensing board, agency, or commission in Texas. We have consistently won significant cases for podiatrists, other doctors, nurses, lawyers, architects, pharmacists and other professionals dealing with issues that could jeopardize their ability to work. We know how to build a strong case to protect your license – and your livelihood.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!
If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 476-5757 and schedule a case evaluation.