How much do you know about reporting attorney discipline?
Attorney Dan practices employment law. In addition to representing clients in Texas, Dan also regularly represents clients in another state, where he is also licensed to practice law.
Last year, Dan represented clients in multiple cases that went to trial. Due to the demands of the trials and a large caseload, Dan was not as diligent in communicating with some clients as he has been in the past.
Based on his failure to adequately communicate with a particular client, Dan just received a public reprimand from the attorney-regulatory agency of the other state where he is licensed to practice law.
Rule 8.03(f) of the Texas Disciplinary Rules of Professional Conduct provides that a “lawyer who has been disciplined by the attorney-regulatory agency of another jurisdiction, or by a federal court or federal agency, must notify the chief disciplinary counsel within 30 days of the date of the order or judgment.”
Although the facts provided do not indicate where the client was located, Rule 8.03(f) requires Dan to report the discipline to CDC within 30 days of the date of the order or judgment, regardless of the client’s location. Additionally, Rule 8.03(f) provides that the notice to CDC “must include a copy of the order or judgment.” Accordingly, the correct response is A.
While this scenario involves discipline by the attorney-regulatory agency of another jurisdiction, as noted above, Rule 8.03(f)’s duty to report also applies to discipline imposed “by a federal court or federal agency.” Rule 8.03(f) goes on to clarify that, for purposes of Rule 8.03(f), “‘discipline’ by a federal court or federal agency means a public reprimand, suspension, or disbarment; the term does not include a letter of ‘warning’ or ‘admonishment’ or a similar advisory by a federal court or federal agency.”
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