Legal Question in Criminal Law in Texas

Lawyer gone, papers gone, help with parole?

My brother in law is currently incarcerated in a unit in TX. *Nearly all family is in Iowa) He was convicted back in the 80's, and has come up for parole 2ce now. (99 yrs, parole hearing every 2 years after serving 20) This last time he came up for parole, he could not get his lawyer to return calls, or mail or any other type of correspondence. It has since come to light that his attorney has basically disappeared, with all of his paperwork. Letters of recommendation, certificates, anything that could be used in securing his release are all gone. The attorney had all originals. His phone has been disconnected. We've now been told he was not represented @ his parole hearing.

What are our legal options in this? We've been told we can't do anything else until he comes up for parole again in 2 yrs, that nothing can be done until the attorney tries to practice law again in TX, and that basically my b-i-l is SOL. Any help is greatly appreciated.


Asked on 1/17/09, 7:52 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Lawyer gone, papers gone, help with parole?

I would suggest as a first step that you contact the people who regulate lawyers in Texas. That is the Texas Bar Association and their website is located at

http://www.texasbar.com/Template.cfm?Section=Client_Assistance_and_Grievance&Template=/TaggedPage/TaggedPageDisplay.cfm&TPLID=51&ContentID=7034

Also you can contact the client attorney assistance program at the number that is listed in the website, which is one-eight hundred-two zero four-two two two two extension one seven nine zero.

Although this person is no longer practicing the files are out there and he was practicing at the time so he's subject to disciplinary rules. Jst because you're not active does not mean you have no responsibilities to your clients. It's also quite possible he turned the files over to another attorney or stored them somewhere.

Of course if he was disbarred, that changes everything, particularly his willingness to cooperate. If you can locate him, you can certainly get something before the court in his county and get him subpoenaed to appear and explain himself.

I wish you the best of luck in your quest.

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Answered on 1/17/09, 10:56 am


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