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The Chief Disciplinary Counsel administers the attorney
grievance system in accordance with the Rules of Disciplinary Procedure.
The Chief Disciplinary Counsel's Office has three regional offices
- Houston, Dallas and San Antonio - and the main office in Austin, each
overseeing a geographical region of the state.
Administration
The Chief Disciplinary Counsel's staff is responsible for administering
the grievance system from the inception of a complaint to the completion
of the process, including appeals and monitoring compliance with judgments.
In so doing, the staff is charged with providing the resources, investigation,
and logistical assistance to the District Grievance Committees necessary
to enable those committees to process and resolve complaints. Attorneys
assist in the classification process, attend grievance committee hearings,
and handle both evidentiary and district court de novo proceedings if the
cases are not resolved at the investigatory stage of the grievance process.
Grievance Information Helpline (1-800-932-1900)
The Chief Disciplinary Counsel's Office maintains a toll-free telephone
line dedicated to the disciplinary system. The toll-free line is answered
by the Client Attorney Assistance Program staff. This telephone line is
designed to help the public with questions they have about filing a grievance.
Disciplinary System Questionnaire
After a grievance has reached a conclusion, a questionnaire is provided
to the Complainant and Respondent. The Chief Disciplinary Counsel's Office
utilizes the questionnaire and the comments provided by participants in
the grievance system to review the effectiveness of the grievance system,
the District Grievance Committees, and the Chief Disciplinary Counsel's
staff.
The Ethics Helpline
The Chief Disciplinary Counsel's Office maintains, as a service to the members
of the Bar, a toll-free Attorney Ethics Helpline operated from 8:00 a.m.
to 5:00 p.m., Monday through Friday. The Helpline is designed to assist
Texas attorneys who have questions about their ethical obligations to clients,
courts, and the public under the Texas Disciplinary Rules of Professional
Conduct. The information disseminated is designed to give attorneys access
to rules, ethical opinions and case law so an attorney can make an informed
ethical decision. Pursuant to the policy of the Board of Directors of the
State Bar, the Chief Disciplinary Counsel and his staff are not permitted
to issue written opinions or advice.
The Attorney Ethics Helpline does not provide legal assistance to the general
public and cannot address questions concerning pending grievances.
District Grievance Committees
The District Grievance Committees are the first arbiters of writings
that have been classified as complaints in accordance with the Rules of
Disciplinary Procedure. Texas has 49 District Grievance Committees with
over 600 attorney and non-attorney volunteers. The Committees act
in Summary Disposition and Evidentiary pamels that are composed of 2/3 lawyers
and 1/3 non-lawyers. The Summary Disposition panels decide whether a complaint
should be dismissed or should proceed.
If Just Cause has been determined, the Respondent attorney may elect to
have his or her case heard before an Evidentiary Panel of the District Grievance
Committees to determine whether misconduct occurred and, if so, the appropriate
sanction.
The Commission for Lawyer Discipline
The Commission for Lawyer Discipline is a standing committe of the
State Bar of Texas. The TRDP and the State Bar Act define its role
in the attorney discipline and disability system.
The Commission meets monthly to make decisions concerning individual attorney
discipline cases within its purview. The Commission's powers and duties
are set out in Part IV of the Texas Rules of Disciplinary Procedure.
Board of Disciplinary Appeals
The Board of Disciplinary Appeals is a body of twelve lawyers with both
appellate and original jurisdiction in grievance matters as provided by
the Rules of Disciplinary Procedure. The Board has final appellate jurisdiction
in classification decisions and acts as an intermediate appellate court
for evidentiary panel cases. The Board has original jurisdiction in compulsory
and reciprocal discipline cases, as well as motions to revoke probated suspensions
contained in grievance committee judgments.
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