Litigating with the Office of Chief Disciplinary Counsel/Commission for Lawyer Discipline –
A Solution to the Discovery Nightmare

For the first time in known history, the Office of the Chief Disciplinary Counsel and The Commission for Lawyer Discipline have been made to back off and file a Non-Suit in a pending disciplinary lawsuit in district court!  This unusual event occurred after the Responding Attorney filed Motions to Compel, Motions for Sanctions and Motion for Summary Judgment and No Evidence Summary Judgment.  The motions utilized an affidavit from a former Assistant Disciplinary Counsel and an affidavit from an “investigating attorney” currently with the Office of the Chief Disciplinary Counsel.

Upon filing of the reference motions, and with oral hearing set for the next day on all but the Motion for Summary Judgment and No Evidence Summary Judgment, Counsel for The Commission for Lawyer Discipline then suggested a Rule 11 Agreement; that if the Responding attorney would pass the Motions, the Commission would file a Non-Suit as to the Responding Attorney.  The Rule 11 Agreement was executed and the Non-Suit was filed.  (See links below to redacted documents.)

The following redacted motions/briefs attack the CLD and the OCDC concerning discovery abuse and the way they use their boilerplate objections to avoid providing relevant and discoverable information under objections of attorney/client privilege, work product and pre-litigation investigation.

The key to the Responding Attorney’s documents is that they are based on three major facts: 1) the OCDC does NOT represent the Complainant; 2) the OCDC is first an investigatory administrative agency, and 3) only after a Just Cause determination is made in any particular case, then the OCDC takes on the mantle in that particular case as counsel for the CLD.

Respondent's Supplemental Motion to Compel Discovery Responses and Brief in Support Threrof

Respondent's Brief in Support of Respondent's Motion to Compel Discovery Responses

Respondent's Motion for Sanctions against Petitioner for Failure to Answer Written Discovery

Respondent's Motion for Summary Judgment and No Evidence Motion for Summary Judgment

Notice of Nonsuit

Rule 11 Agreement