Legal Question in Legal Ethics in Texas

Bar Proceedings

Each State regulates its attorney profession through its Bar Association in one form or the other. Each State's mechanism is peculiar unto itself. I noticed that your question originates in Texas. I am licensed in Louisiana where the bar rules are divided essentially into "EC's" or ethical canons and "DR's" which are disciplinary rules. I will give a recent example from New Orleans. There is a personal injury lawyer who had a number of complaints from people. The Bar Association stepped in and began an investigation into the matter. After an intial investigation which was civil in nature, a consent decree was entered where the lawyer voluntarily took a suspension from the practice of law and agreed to further investigative cooperation with the Bar Association. Within approximately two months after the suspension, the lawyer was arrested for misapprpriation of client funds, and a number of other charges. I am certain that there will be more criminal charges against this guy. Because of the nature of the allegations [i.e. misappropriation of client funds] the matter is both quasi-criminal and quasi-civil. The purpose of the Bar is regulatory and so in order to retain one's license, there are certain things you would expect within the context of a criminal proceedings that don't apply, at least if the lawyer wants to retain his or her license. The New Orleans' lawyer I was talking about earlier, will probably face further, future proceedings such as disbarment upon conviction of any of the charges pending if convicted. If the complaints against this guy were that he committed malpractice, that's civil in nature so you wouldn't expect any Bar proceeding to be conducted with a criminal twist to it. So it appears that the proceedings can be either quasi civil or quasi criminal depending upon whether the matters arise within the context of criminal conduct or simply negligence. I hope that helps. I would suggest you contact the Texas State Bar.