Example Petition For Disciplinary Action Against Lawyer

by | Malpractice, petition

On or about June 30, 2017, Respondent appeared on behalf of XXXXXX in a contested guardianship matter regarding their mother, XXXXX, in Denton County,

Petitioner brings this disciplinary action pursuant to the State Bar Act, Texas Government Code Annotated §81.001, et seq. (Vernon 2003); the Texas Disciplinary Rules of Professional Conduct; and the Texas Rules of Disciplinary The Complaint that forms the basis of this cause of action was filed on or after June 1, 2018.On or about July 17, 2017, Respondent filed a Petition for Equitable and Statutory 

ORIGINAL DISCIPLINARY PETITION TO THE HONORABLE SPECIALLY ASSIGNED JUDGE:

Comes now Petitioner, the Commission for Lawyer Discipline, a committee of the State Bar of Texas, and would respectfully show unto the Court as follows:

DISCOVBRY CONTROL PLAN

  1. Because Petitioner seeks a sanction pursuant to Rule L06FF of the Texas Rules of Disciplinary Procedure and, therefore, this case is not governed by the expedited actions provisions of Ruk 169 of the Texas Rules of Civil Procedure (TRCP), Petitioner intends that discovery be conducted under a Level 2 Discovery Control Plan pursuant to TRCP 19(U and 3.

PARTIES

  1. Petitioner is the Commission for Lawyer Discipline., a committee of the State Bar
  1. Respondent is JANE SMITH, Texas Bar Card No. XXXXXXXX, a licensed attorney and a member of the State Bar of Texas, Respondent may be served at

NATURE_OF    PROCEEDING

  1. Respondent’s principal place of practice is Harris County, Texas; therefore, venue is appropriate in Harris County, Texas, pursuant to Rule 3.03 of the Texas Rules of Disciplinary Procedure.

PROFESSIONAL MISCONDUCT 

  1. The acts and omissions of Respondent, as hereinafter alleged, constitute professional misconduct as defined by Rule 06CC of the Texas Rules of Disciplinary Procedure.

CAUSE OF ACTION

Bill of Review {“Bill of Review” as an ancillary proceeding to the original guardianship matter.

  1. On or about April 29, 2019, the Court dismissed the Bill of Review. The Court found that the Bill of Review and the pleadings and actions arising out of the Bill of Review were groundless and filed in bad faith with the intention to annoy, alarm, and The Court further found that there was no basis in law or fact fix the pleadings. 

l 0. On or about March 7, 2018, Respondent filed a Motion to Recuse and/or Disqualify the presiding judge, XXXXXXX, On or about June 29, 2018, the motion was denied by a visiting judge. The Court found that Respondent’s motion lacked merit and was filed in bad faith for the purpose of harassment The Court also found that Respondent’s motion was brought for the purpose of unnecessary delay and without sufficient cause.

  1. On or about August 26, 2017 Respondent sent an electronic message (e-mail) which

threatened to present disciplinary charges against opposing counsel if opposing counsel proceeded

with filing sanctions against Respondent and her clients in regards to the Bill of Review. 

  1. On or about March 7, 2018, Respondent sent an e-mail to the parties and court staff which threatened to file a lawsuit against the Guardian ad Litem, XXXXXXX, as well as the presiding judge, XXXXXXXX, if a scheduled hearing went forward.
  2. On or about May 7, 2018, Respondent sent an e-mail regarding details of the proceedings to approximately sixty recipients, including members of media organizations and several non-parties.
  3. Respondent’s actions throughout her representation increased the cost and burdens of the case and unreasonably delayed the resolution of the

RULE VIOLATIONS

  1. The acts and/or omissions of Respondent described above constitute conduct in violation of Rules 3001, 3,02, 07(a), 4.04(a), and 4.04(b)(1) of the Texas Disciplinary Rules of Professional Conduct

COMPLAINT

160 The Complaint that forms the basis of this cause of  action  was  brought  to  the attention of the Office of the Chief Disciplinary Counsel of the State Bar of Texas by XXXXXXXX filing of a grievance on or about December 10, 2018.

PRAYER FOR.RELIEF

 WHEREFORE, PREMISES CONSIDERED, Petitioner, the Commission for Lawyer Discipline, respectfully prays that this Court discipline Respondent, JANE SMITH, by reprimand, suspension, or disbarment, as the facts shall warrant, order restitution, and grant all other relief general or specific, at law or in equity, including injunctive relief to which Petitioner may show itself to be justly entitled, including, without limitation, direct expenses and attorneys’ fees.

Respectfully submitted, STATE BAR OF TEXAS