The Attorney Discipline System An extremely brief overview

The Life Cycle of a Grievance A grievance is filed in Austin. 30 days to classify the grievance as a “Complaint” or an “Inquiry.” Four-corners analysis to determine if the grievance, if true, alleges a Rule violation. Complainants have the right to appeal a dismissal to BODA.

The numbers: 7368 grievances were filed in 2016-2017… 2125 upgraded for investigation. 5243 dismissed as an “inquiry” in Austin. 1362 dismissals were appealed to BODA. 151 appeals granted (11 % reversal rate).

Examples of reasons for dismissal: The grievance concerns the outcome of a case but does not specify a violation of an ethics rule. The grievance concerns a person who is not licensed as an attorney.

The Life Cycle of a Grievance A grievance is filed in Austin. It’s “upgraded” and sent to the Regional Office for investigation. A response is mandatory! You have 30 days to respond to the grievance, but… Extensions are available. Make contact with the Investigator.

The Life Cycle of a Grievance A grievance is filed in Austin. It’s “upgraded” and sent to the Regional Office for investigation. “Just Cause” to proceed into litigation is found.* *By the CDC or by the Grievance Committee. *If it’s not summarily dismissed.

Who is the Grievance Committee? Volunteers. 2/3 Attorney members, 1/3 Public members. (348 total) Wear two hats: “Summary Disposition Panels” vs. “Evidentiary Hearings.” “Criminal Law” is the largest self-reported practice area of GC members (followed by Family Law and PI).

The Life Cycle of a Grievance A grievance is filed in Austin. It’s “upgraded” and sent to the Regional Office for investigation. “Just Cause” to proceed into litigation is found. Litigation in District Court or before the Grievance Committee.

By the Numbers (‘15 –’16) Total Disciplinary Sanctions 328 Total Complaints Resolved 560 22 (52) Disbarments 27 (146) Resignations in Lieu of Discipline 135 (210) Suspensions 30 (33) Public Reprimands 67 (72) Private Reprimands 47 (47) Grievance Referral Program

Serving on a Grievance Committee 6 year commitment We meet once a month Usually a telephone conference Evidentiary Hearings (Rarely) Rules of Evidence Apply 2 part proceeding Having a lawyer is a good idea!

Source: ‘16-’17 CFLD Annual Report

Why Criminal Lawyers? The nature of the proceedings Family and Personal Injury Most of us are Solos We rarely see big Civil Firm lawyers

When you get a grievance Open It! Don’t put your head in the sand! 30 days to respond Get a lawyer? Start Format of Answer?

The Usual Complaints Failure to communicate Neglect Head in the sand Keep Records of client contact Cell phones are helpful Note taking Apps Neglect Mistake vs. Conscious disregard The Cover Up is worse than the mistake Not responding to grievance Not turning over the file Fee disputes Always have a good contract Give some money back? Screaming and cussing at your client Bad Results (PSI hearing for example)

Resources

The Attorney Ethics Helpline As a service to Texas attorneys, a toll-free Ethics Helpline is available: 1-800-532-3947 In the ‘16-’17 Bar Year, there were 6,500+ ethics calls.

The Texas Center for Legal Ethics legalethicstexas.com Home of the legal Ethics Opinions Searchable by keyword or Opinion No. Helpful topic Index Articles, FAQs, and other references

Texas Lawyers’ Assistance Program The Texas Lawyers’ Assistance Program 1-800-343-TLAP Since 1989, TLAP’s mission is to assist lawyers challenged by substance use and other mental health disorders that are interfering or may interfere with their ability to practice law in an ethical and professional manner.

Texas Lawyers’ Assistance Program. Confidential (by statute). Will accept calls from the attorney directly, or from “concerned others” (who can remain anonymous). Houston has a robust recovery and support community.

A 2016 ABA/Hazelden Betty Ford Foundation study found that: 28% of the lawyers responding experience depression 19% experience anxiety 20.6 - 36.4% exhibit problematic drinking These rates are higher than that of the general population and of other professions.

Law Practice Management Program texaslawpracticemanagement.com From resources to help you start a law practice (“How to Draft your Employee Handbook”) to succession planning toolkits.