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About three to four weeks from the date BODA received the appeal notice.
BODA requests a copy of the complaint from the State Bar the same day that the appeal is received.
On October 11, 1991, following a practice common in Bexar County, her secretary called the non-jury setting clerk to obtain a proposed setting for a hearing on the proposed protective order. When determining a factual sufficiency point, on the other hand, we consider and weigh all the evidence supporting and contrary to the challenged finding. She attached her business card to the divorce papers to be served. Ringel not to enter his house and to either call her or have his lawyer call her. Ringel's attorney to surmise that a district judge had signed the original which was filed with the district clerk. In determining the appropriate sanction for attorney misconduct, a trial court must consider the factors set forth in Texas Rule of Disciplinary Procedure 3.10.
The date for this setting was inserted in the proposed TRO. One of the officers who met him at the house testified that Flume wanted him to use all of the authority that he had to keep Mr. It is an all too common and unfortunate practice among the local practicing bar to serve unsigned motions with fiats setting hearing dates. Among those factors are the nature and degree of the sanctioned misconduct, the seriousness of the misconduct and the surrounding circumstances, the damage to the profession, the assurance that future clients will be insulated from this type of professional misconduct, the avoidance of repetition, the deterrent effect on others, the maintenance of respect for the legal profession, the conduct of the respondent during the course of the committee action, and the trial of the case. Flume received a probated public reprimand as was provided under article X, section 23(B) and (C). The trial court included in its terms of probation that Flume be monitored by a mentor selected by counsel for both parties and approved by the court to guide Flume in her practice of law, to insure that she complied with the Rules of Professional Conduct, and to occasionally accompany her to court and review her cases.
If the attorney elects to remain in the SBOT grievance system, an evidentiary hearing is held and the matter is either dismissed or the attorney is given a sanction.
The attorney respondent or the CDC can appeal this judgment to BODA.
Filing Classification Appeals What is a "classification appeal"?
All grievances filed with the State Bar are screened and "classified" as either an inquiry (dismissed) or a complaint (set for an evidentiary hearing). Email, mail or fax the appeal form you received from the State Bar Chief Disciplinary Counsel's office to BODA: P. Box 12426, Austin TX 78711 (512) 427-4130 (Fax) or [email protected] I still appeal if I've lost the appeal form?
These procedures are in TRDP 2.21 and Section 4 of the BODA Internal Procedural Rules. The appeal notice may be in pleading or letter form and should contain at a minimum the Respondent's bar card number, address, and fax number, the State Bar file number(s) from the evidentiary hearing, the date of the judgment being appealed, and the date that the respondent received the judgment.
A jury found that Flume violated disciplinary rules 4.01(a) and the district court imposed sanctions, including a probated public reprimand. In fourteen points of error, Flume argues that (1) the trial court erred in failing to dismiss or abate the action; (2) the trial court improperly excluded video tape evidence of the panel hearing; (3) there is insufficient evidence to support the jury findings; (4) the incorrect burden of proof was submitted to the jury; (5) the trial court erred in imposing sanctions; and (6) the State Bar should not be allowed to receive and prosecute grievances filed by a judge. Factual Background3On October 8, 1991, Greta Ringel retained Eileen Flume to handle her divorce. Only when an order is signed does it become operative.
Flume, for her actions in obtaining and enforcing a temporary restraining order (TRO) for a client. It is not our role to act as fact finder, to pass on the credibility of the witnesses, or to substitute our judgment for that of the fact finder below. It is nothing more than that until it is approved by the judge.
The record must be filed with BODA within 30 days of the date that the appeal notice is filed.
The record may be filed electronically with the Board at [email protected]
If you have lost the appeal form you may appeal by mailing or faxing to BODA a letter stating your name, the other party's name, and the State Bar file number. Your appeal form or letter must be postmarked no later than 30 days from the date you received the decision from the State Bar Chief Disciplinary Counsel's office.