Reporting Misconduct under 8.03(c). Disability and Grievance
Issues. Reporting Misconduct: Rule 8.03 of the Texas Disciplinary Rules of Professional
Conduct, “Reporting Professional Misconduct” mandates
a lawyer reporting another lawyer’s conduct to the appropriate disciplinary
authority under certain circumstances. Alternatively,
under 8.03(c), the report of misconduct can be made to TLAP if a lawyer
has knowledge or suspects that another lawyer or judge whose conduct is
required to be reported pursuant to paragraphs (a) and (b) of the rule is
impaired by chemical dependency on alcohol or drugs or by mental illness.
The Comment to this rule is also instructive.
Discipline Issues TLAP neither advocates for or against a lawyer who finds
him/herself within the disciplinary or disability system. However, because lawyer impairments may affect misconduct or the
determination of disability, TLAP has developed an understanding of the
operational aspects of both the Texas Rules of Professional Conduct and
the Texas Rules of Disciplinary Procedure.
Disability Disability
is defined in the Rules of Disciplinary Procedure,
1.06(I) and the rules relating to Disability Suspensions are found in Part
XII “Disability Suspension.” Because
the Board of Disciplinary Appeals (BODA) has exclusive original jurisdiction
to suspend an attorney indefinitely who is suffering from a disability,
taking a look at the Internal Procedural Rules of the Board of Disciplinary
Appeals will provide additional helpful information. These rules and more information about BODA can be found at www.txboda.org.
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