Professional Misconduct Cases & Grievance Defense

The Bennett Law Firm is the largest law firm in Texas that specializes in representing members of the legal profession in grievance matters and other professional concerns.  Robert Bennett has represented lawyers before the Grievance or “Just Cause” in every part of the state in the last ten (10) years.  Depending on the allegations brought by the State Bar Commission, he has generally been able to meet the expectations of his clients and negotiated a resolution that is acceptable.

The Firm takes an aggressive posture in handling grievance complaints.  The Office of the Chief Disciplinary Counsel for the Commission For Lawyer Discipline is not seen as a “Friend” of the Attorney who has been charged with the hope that a resolution can be quickly reached.  The Bar’s Disciplinary Counsel generally has the goal of punishing the attorney charged and may ultimately seek disbarment for the acts the attorney committed.

New Texas Rules of Disciplinary Procedure went into effect January 1, 2004, completely changing handling of grievances.  See articles below for more information.

Our Firm approaches the defense of a grievance in the same manner that a criminal defense attorney would the citizen accused.  The biggest difference that must be understood is that in the criminal arena the accused had the presumption of innocence, but in the grievance process the complaint is considered true as filed and accepted as a complaint so the burden is on the attorney to prove that he did not commit professional misconduct.  It is paramount to the attorney accused in the grievance process to keep this “Burden of Proof” in mind.  When you appear before the Grievance Committee, it is presumed that what your client has said about you is true and you have to prove it is not or provide a believable reason why you have not committed profession misconduct. 

The Firm’s website, www.bennettlawfirm.com has an extensive listing of professional articles that may help with your specific problem or concern.  You may wish to seek and advisory opinion from the Firm or former General Counsel of the State Bar of Texas, Steve Peterson.  If you have to file a response to a complaint, it is always a good idea to have an attorney with professional liability experience to review your response.  Numerous other services offered by the Firm are provided on the website.

The Texas Board Of Law Examiners has responsibility for all law students wanting to take the Texas Bar Exam and non-Texas attorney who want to practice in Texas.  The Firm has experience in preparing applications to the BOLE and representing applicants before this administrative body.  Financial responsibility and prior criminal charges make up the bulk of the problem areas with BOLE applicants.

When an attorney has a substance abuse or metal problem that has affected his practice, consideration should be given to the disability hearing procedure.  This process is connected with the disciplinary process and should be used when appropriate.

Please remember that we all know what kind of attorney it is that provides his own counsel.  Don’t be one and seek help before it become necessary.

Reference Materials

How to Lawyer for a Lawyer with a "Disability" Against the State Bar of Texas, by Joe Guerrero, Jr. October 2007

Attorneys and the Texas Disciplinary System, Point: A Continuing Denial of Due Process, by Renee E. Moeller & Robert S. Bennett, San Antonio Lawyer, Nov/Dec 2004

New Disciplinary Rules Deny Lawyers Due Process, by Renee E. Moeller and Robert S. Bennett, Texas Lawyer, April 26, 2004

Matters before the Texas Board of Law Examiners (BOLE) client interview.  

Grievance Contract: Attorney Retainer Agreement for Grievance Matters.

Firm Introductory Letter regarding Employment Agreement for Grievance Matters

Should the State Bar of Texas Chief Disciplinary Counsel Enter the Enron Mess?  By Robert. S. Bennett and John Gillies (PDF 194 KB)

Criminal Exposure from Dealings with Enron. By Robert S. Bennett and Joy Anderson (PDF 214 KB)

The People of the State of New York v. Belnick.  Tyco Grand Jury Indictment for Falsifying Business Records in the First Degree (PDF 104 KB)

Enron - Code of Ethics (PDF 3.9 MB)

Professional Responsibility: Understanding the Grievance Process - How to avoid it and other current issues ADVANCED BUSINESS LITIGATION University of Houston Law Foundation August 15-16, 2002 – Houston, Texas AUGUST 22-23 – DALLAS, TEXAS

BOLE Doesn't Appreciate Haste or a Bad Memory,  by Robert  S. Bennett and Rene E. Moeller (Reprinted from Texas Lawyer, May 2002)
( HTML version - 18 kb )   ( PDF version - 4mb)

Just what is Barratry, anyways? A Quiz for the Unwary. by Ruth A Kollman and Robert S. Bennett.

A DEBATE OVER HOW LAWYERS HAVE TO OPERATE, with Robert S. Bennett, et al. (reprinted from Texas Lawyer, July 24, 2000)

The “Grief-ance” System and What You Should Know, by Robert S. Bennett

Is the Fox Guarding the Chicken Coop? by Robert S. Bennett, Elaine M. Adams and Thomas W. Houghton (reprinted from Texas Lawyer, July 29 1996.  
( HTML version - 26 KB ) (PDF version - 9.8 MB)

You've Got a Grievance, Now What?  Steve Peterson, Seminar November 2004

Grievance Forms

Part A                 Part B                 Part C                 Part D