- What is the State Bar of Texas?
- Why would I receive a grievance from the State Bar of Texas?
- What are some reasons for a third party filing a grievance against me?
- Do I need to get a lawyer if I receive a grievance?
- What happens after receiving a grievance notice from the State Bar of Texas?
- Do I get to have a hearing in my disciplinary case?
- What are the possible consequences of a disciplinary action before the State Bar of Texas?
- Can I resolve my disciplinary case by agreement?
- What happens if I don’t respond to my grievance?
What is the State Bar of Texas?
The State Bar of Texas is a public corporation that operates as an administrative agency of the judicial branch of state government. One of its missions is to “foster high standards of ethical conduct for lawyers.” Therefore, the State Bar licenses and regulates lawyers to ensure they comply with all applicable laws and rules.
Why would I receive a grievance from the State Bar of Texas?
A third party may file a grievance about you to the State Bar of Texas if they allege that you have violated a law or rule governing attorneys. The Chief Disciplinary Counsel of the State Bar classifies each grievance as an inquiry, which is dismissed, a complaint, which is forwarded to a licensee, or a discretionary referral, which can later be dismissed as an injury or proceed as a complaint.
What are some reasons for a third party filing a grievance against me?
You may receive a grievance if a third party thinks you have violated the Texas Disciplinary Rules of Professional Conduct. Some examples of conduct that might violate those rules are committing a criminal felony offense, failing to appear in court as scheduled, repeatedly failing to respond to clients, mishandling client funds, or having a substance abuse problem that substantially affects your ability to practice.
Do I need to get a lawyer if I receive a grievance?
Your initial response to a grievance can be critical to the outcome of your case, so consulting with a lawyer as soon as you receive a grievance is important. By engaging the services of a lawyer, you can get the advice you need to handle your case properly.
What happens after receiving a grievance notice from the State Bar of Texas?
After receiving notice of a grievance from the State Bar, you have 30 days to respond in writing. Alternatively, you can appeal the determination of the Chief Disciplinary Counsel to treat the grievance as a complaint to the Board of Disciplinary Appeals within 30 days. The grievance is dismissed if the Board of Disciplinary Appeals reverses the determination. However, if the Board of Disciplinary Appeals upholds the determination, you must respond to the grievance.
Next, the appropriate committee will appoint an evidentiary panel to hear the complaint. The Chief Disciplinary Counsel will then file a formal evidentiary petition on behalf of the State Bar.
Do I get to have a hearing in my disciplinary case?
After the parties conduct limited discovery, the parties will present evidence to the evidentiary panel at a hearing, which must occur within 180 days of the date of your answer. The evidentiary panel must issue a judgment within 30 days of the conclusion of the hearing.
What are the possible consequences of a disciplinary action before the State Bar of Texas?
The State Bar of Texas can impose the following sanctions if it finds that an attorney has committed professional misconduct:
- Disbarment;
- Resignation instead of discipline;
- Indefinite Disability suspension;
- Suspension for a term certain;
- Probation of suspension, which probation may be concurrent with the period of suspension, upon such reasonable terms as are appropriate under the circumstances;
- Interim suspension;
- Public reprimand; or
- Private reprimand
Additionally, the State Bar can order an attorney to pay restitution and all reasonable attorney’s fees and costs related to the disciplinary proceedings.
Can I resolve my disciplinary case by agreement?
In some cases, you can resolve your disciplinary case by agreement through alternative dispute resolution (ADR) or through negotiations directly with the State Bar’s investigatory panel.
What happens if I don’t respond to my grievance?
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Failing to respond to a grievance from the State Bar of Texas within 30 days (or appeal the determination) will result in default. As a result, the State Bar will take all facts alleged in the grievance as true. An evidentiary panel will enter an order of default, find that you have committed professional misconduct, and conduct a hearing to determine what sanctions to impose against you.
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Our experienced law license defense attorneys at Bertolino LLP know the ins and outs of disciplinary proceedings before the State Bar of Texas. We will advocate for you to be in the best position to maintain and safeguard your license, as well as secure your professional future. Call us at (512) 980-3751 or contact us online.
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