Ethics Question of the Month May 2026

Been Caught Stealing

Is this attorney required to notify the Office of the Chief Disciplinary Counsel about being placed on probation?

The Situation

Attorney Neil is an avid collector of sports memorabilia. While shopping during a recent vacation, Neil came across a rare rookie card signed by his favorite baseball player. Unfortunately for Neil, the card was on display but not for sale. Taking matters into his own hands, Neil slipped the card into his bag and went on his way.

Fast-forward a few months and the card is back on display at the store—and a court has placed Neil on probation for misdemeanor theft.

The Question

Which of the following best describes whether Neil is required to report the probation to the Office of Chief Disciplinary Counsel (CDC)?

The Correct Answer is A Of 0 Responses, 0% are correct.

  1. A 0
  2. B 0
  3. C 0
  4. D 0
  5. E 0
  6. F 0

The Explanation

Rule 8.03 of the Texas Disciplinary Rules of Professional Conduct (TDRPC) includes multiple reporting requirements for lawyers. But does it include a requirement to self-report probation under the facts described above? And does the answer depend on whether there was an adjudication of guilt?

Rule 8.03(e) states:

A lawyer who has been convicted or placed on probation, with or without an adjudication of guilt, by any court for barratry, any felony, or for a misdemeanor involving theft, embezzlement, or fraudulent or reckless misappropriation of money or other property—including a conviction or sentence of probation for attempt, conspiracy, or solicitation—must notify the chief disciplinary counsel within 30 days of the date of the order or judgment. The notice must include a copy of the order or judgment.

In the situation described, Neil was placed on probation for a misdemeanor involving theft. Therefore, he is required to report the probation to CDC within 30 days of the date of the order or judgment, regardless of whether there was an adjudication of guilt. And, in addition to “a misdemeanor involving theft, embezzlement, or fraudulent or reckless misappropriation of money or other property,” had Neil been convicted or placed on probation for any felony—or for barratry—he would have the same reporting requirement under Rule 8.03(e). The correct answer is A.

Relatedly, Rule 8.04 of the TDRPC, among other things, identifies criminal offenses constituting misconduct under the TDRPC, and Part VIII of the Texas Rules of Disciplinary Procedure addresses crimes subject to compulsory discipline.

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Bluebook Citation

Been Caught Stealing: Ethics Question of the Month - May 2026, Texas Center for Legal Ethics (2026), from https://legalethicstexas.com/ethics-question-of-the-month/ethics-question-of-the-month-may-2026/ (last visited Apr 27, 2026)

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