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)

XV GUIDELINES FOR IMPOSING SANCTIONS 2.18 Imposition of Sanctions

The Evidentiary Panel may, in its discretion, conduct a separate hearing and receive evidence as to the appropriate Sanctions to be imposed. Indefinite Disability sanction is not an available Sanction in a hearing before an Evidentiary Panel. In determining the appropriate Sanctions, the Evidentiary Panel shall consider

A. The nature and degree of the Professional Misconduct for which the Respondent is being sanctioned;

B. The seriousness of and circumstances surrounding the Professional Misconduct;

C. The loss or damage to clients;

D. The damage to the profession;

E. The assurance that those who seek legal services in the future will be insulated from the type of Professional Misconduct found;

F. The profit to the attorney;

G. The avoidance of repetition;

H. The deterrent effect on others;

I. The maintenance of respect for the legal profession;

J. The conduct of the Respondent during the course of the Disciplinary Proceeding;

In addition, the Respondent's disciplinary record, including any private reprimands, is admissible on the appropriate Sanction to be imposed. Respondent's Disability may not be considered in mitigation, unless Respondent demonstrates that he or she is successfully pursuing in good faith a program of recovery or appropriate course of treatment.

 

Bluebook Citation

Texas Rules of Disciplinary Procedure. § 2.18, (Texas Center for Legal Ethics, 2024) from https://legalethicstexas.com/resources/rules/texas-rules-of-disciplinary-procedure/imposition-of-sanctions-2/ (last visited Jun 16, 2024)