1. The Attorney Discipline System
An extremely brief overview

2. 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.

3. 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).

4. 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.

5. 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.

6. 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.

7. 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).

8. 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.

10. 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

11. 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!

12. Source: ‘16-’17 CFLD Annual Report

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

14. 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?

15. 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)

16. Resources

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

18. 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

19. Texas Lawyers’ Assistance Program
The Texas Lawyers’ Assistance Program
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.

20. 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.

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

22. 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.