The State Bar of Texas licenses, monitors, and regulates licensed attorneys for compliance with the rules and regulations that apply to their profession. No matter your situation, a law license defense attorney can help. Our goal is to represent your interests in your proceedings before the State Bar and achieve the most positive outcome possible in your case. Here are some Frequently Asked Questions (FAQ) about law license disciplinary actions before the State Bar of Texas.
Frequently Asked Questions
- 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 if they allege that you violated a law or rule governing attorneys. The Chief Disciplinary Counsel classifies each grievance as:
- Inquiry: Dismissed
- Complaint: Forwarded to the licensee
- Discretionary referral: Can later be dismissed or proceed as a complaint
What are some reasons for a third party filing a grievance against me?
Grievances may arise if a third party believes you violated the Texas Disciplinary Rules of Professional Conduct. Examples include:
- Committing a criminal felony offense
- Failing to appear in court as scheduled
- Repeatedly failing to respond to clients
- Mishandling client funds
- Substance abuse affecting your ability to practice
Do I need to get a lawyer if I receive a grievance?
Yes. Your initial response can be critical. Consulting a lawyer ensures you handle your case properly and receive the guidance needed for the best outcome.
What happens after receiving a grievance notice from the State Bar of Texas?
After receiving a grievance:
- You have 30 days to respond in writing.
- You can appeal the Chief Disciplinary Counsel’s determination to the Board of Disciplinary Appeals within 30 days.
- If upheld, you must respond to the grievance, and an evidentiary panel will be appointed to hear the complaint.
- The Chief Disciplinary Counsel will file a formal evidentiary petition on behalf of the State Bar.
Do I get to have a hearing in my disciplinary case?
Yes. After limited discovery, evidence is presented to the evidentiary panel at a hearing, which must occur within 180 days of your answer. The panel must issue a judgment within 30 days of the hearing’s conclusion.
What are the possible consequences of a disciplinary action before the State Bar of Texas?
Potential sanctions include:
- Disbarment
- Resignation instead of discipline
- Indefinite disability suspension
- Suspension for a term certain
- Probation of suspension (may run concurrent with suspension)
- Interim suspension
- Public reprimand
- Private reprimand
The State Bar may also require restitution and payment of reasonable attorney’s fees and costs.
Can I resolve my disciplinary case by agreement?
Yes. Some cases can be resolved through alternative dispute resolution (ADR) or direct negotiations with the State Bar’s investigatory panel.
What happens if I don’t respond to my grievance?
Failure to respond within 30 days results in default. All facts alleged in the grievance are considered true. An evidentiary panel will enter a default order, find professional misconduct, and hold a hearing to determine sanctions.
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