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How Do I Avoid Having A Grievance Filed Against Me?
The vast majority of writings classified as complaints allege some neglect
on the part of the attorney. Coming in second is failure to safeguard property.
The short answer is simple - pay attention to your cases and your clients.
Also, remember that people usually are in a desperate situation when
they seek the advice of an attorney. You are being paid for a service, and
basically, your clients want their money's worth. It is important to be
cognizant of those simple facts.
The State Bar has established several programs, such as Law Office Management
and Texas Lawyer's Assistance Program to address particular problem
areas which might impede a lawyer's ability to perform.
The Chief Disciplinary Counsel's Office maintains, as a service to the
members of the Bar, a toll-free Attorney Ethics Helpline that is operated
from 8 a.m. to 5 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 staff are not permitted
to issue written opinions or advice.
The Professional Ethics Committee of the Supreme Court issues written
opinions. To request an opinion from the Committee, submit a written request
to Michelle Jordan, Attorney Liaison, Office of the Chief Disciplinary Counsel,
State Bar of Texas, Post Office Box 12487, Austin, Texas 78711, for forwarding
to the PEC. The Chief Disciplinary Counsel's office handles only the administrative
duties of the Committee. The Committee will consider the request only if
it includes the following information:
- A scenario of background facts in the hypothetical situation;
- The question(s) presented;
- A discussion of applicable authority; and
- A statement that the question(s) presented is not in litigation.
The discussion of applicable authority does not need to be exhaustive,
but should focus on specific disciplinary rules that may be involved and
any case law or prior opinions that may apply. This requirement may be waived
if it is clear that there is no relevant authority on point or if the request
is instigated by a State Bar officer or committee.
Useful research sources are:
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Previous PEC opinions which are available from the Texas Center for Legal
Ethics and Professionalism at 1-800-204-2222 or online at www.txethics.org.
Opinions should also be available at any law library;
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Texas Lawyers Professional Ethics, a publication of the Texas Young Lawyer's
Association.
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Baylor Law Review, Vol. 18, No. 2 (Spring 1966) and Vol. 25, No. 5 (Winter
1972); and
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Texas Attorney General opinions.
The PEC may dismiss a pending opinion request at any time if the Committee
finds that the question(s) presented is in litigation, the request concerns
interpretation of legislation, the request concerns interpretation of the
unauthorized practice of law, or the request is covered by a prior PEC opinion.
The PEC will not issue an opinion on a particular lawyer advertisement,
but will consider general forms of lawyer advertising.
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What If A Grievance Is Filed Against
Me?
When the Chief Disciplinary Counsel's Office receives
a grievance, an initial review is made to ascertain if any violations of
the Texas Disciplinary Rules of Professional Conduct are alleged. If the
grievance does not allege professional misconduct as defined by the Texas
Disciplinary Rules of Professional Conduct, the grievance is dismissed as
an inquiry, and you will receive notification from the Chief Disciplinary
Counsel's office about it. There is no action required on your part when
this occurs.
If there is an allegation of professional misconduct in the grievance,
you will be notified of the complaint and be given 30 days to respond
to the allegations. You will then be notified of the rule violations
and be given 20 days to notify the Chief Disciplinary Counsel
whether you elect to have the complaint heard in a district court of proper
venue, with or without a jury, or by an Evidentiary Panel of a grievance
committee. It is very important that you respond timely.
Failure to timely file an election is conclusively deemed as an affirmative
election to proceed to an Evidentiary Panel Hearing. You may consider retaining
counsel.
If you have any questions about the process, please contact the Chief
Disciplinary Counsel's Office. The Chief Disciplinary Counsel's Office cannot
offer legal advice, but the staff will respond to questions regarding the
grievance system.
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Chief Disciplinary Counsel
State Bar of Texas
PO Box 15466
Austin, Texas 78761
512-453-5535
1-877-953-5535
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