Texas Rules of Disciplinary Procedure Back to Outline

(Tex. R. Disciplinary P., reprinted in Tex. Govt Code Ann,. tit. 2, subtit. G app. (Vernon Supp. 1995)

XIV INTERIM SUSPENSION 14.02 Burden of Proof and Evidentiary Standard

The Commission has the burden to prove the case for an interim suspension by a preponderance of the evidence. If proved by a preponderance of the evidence, any one of the following elements establishes conclusively that the attorney poses a substantial threat of irreparable harm to clients or prospective clients:

A. Conduct by an attorney that includes all of the elements of a Serious Crime as defined in these rules.

B. Three or more acts of Professional Misconduct, as defined in subsections (a) (2) (3) (4) (6) (7) (8) or (10) of Rule 8.04 of the Texas Disciplinary Rules of Professional Conduct, whether or not actual harm or threatened harm is demonstrated.

C. Any other conduct by an attorney that, if continued, will probably cause harm to clients or prospective clients.


 

Bluebook Citation

Texas Rules of Disciplinary Procedure. § 14.02, (Texas Center for Legal Ethics, 2023) from https://legalethicstexas.com/resources/rules/texas-rules-of-disciplinary-procedure/burden-of-proof-and-evidentiary-standard/ (last visited Jan 29, 2023)