Abstract
Over the past fifteen years the State Bar of Texas has reacted to this negative public perception, and the threat of being "Sun-Setted", by dramatically re-designing its disciplinary system. In the early 1980's the Bar passed a controversial referendum which, among other changes, transferred the disciplinary investigative and administrative functions from the volunteer members of the Grievance Committee to the Office of the General Counsel. The function of the Grievance Committee became more that of a Grand Jury.
Since the referendum was passed the Disciplinary Rules have undergone several major overhauls, largely for the purpose of eliminating every possible appearance of discretionary latitude within the system. The current Disciplinary Rules have become extremely labor intensive and difficult for all participants, particularly for the members of the Grievance Committees and the Office of the General Counsel. Current Disciplinary Rules require that every allegation of professional misconduct be docketed as a Complaint, and that there be a formal Investigatory Hearing held, even if the Complaint appears to be without merit!
No lawyer is immune from grievances, particularly those who deal heavily with the public. The lawyer who receives notice that a Grievance Complaint has been filed should consider the following.
|
