What is just cause as defined in the Texas Rules of Disciplinary Procedure?
Asked by: Desiree Kuhic | Last update: November 20, 2023Score: 4.7/5 (67 votes)
“Just Cause” means such cause as is found to exist upon a reasonable inquiry that would induce a reasonably intelligent and prudent person to believe that an attorney either has committed an act or acts of Professional Misconduct requiring that a Sanction be imposed, or suffers from a Disability that requires either ...
What is Rule 3.03 Texas Rules of Disciplinary Procedure?
Rule 3.03 - Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) make a false statement of material fact or law to a tribunal; (2) fail to disclose a fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act; (3) in an ex parte proceeding, fail to disclose to the ...
What is Rule 5.03 of the Texas Disciplinary Rules of Professional Conduct?
(a) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the persons conduct is compatible with the professional obligations of the lawyer; and (b) a lawyer shall be subject to discipline for the conduct of such a person that would be a violation of these rules if ...
What is the rule of disciplinary procedure 8.04 in Texas?
Rule 8.04(a)(1) provides a partial list of conduct that will subject a lawyer to discipline. 2. Many kinds of illegal conduct reflect adversely on fitness to practice law. However, some kinds of offenses carry no such implication.
What is the rule of disciplinary procedure 5.06 in Texas?
(a) a partnership or employment agreement that restricts the rights of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or (b) an agreement in which a restriction on the lawyers right to practice is part of the settlement of a suit or controversy, ...
Just Cause
What is Rule 7.01 of Texas Disciplinary Rules of professional conduct?
7.01. Rule 7.01 - Communications Concerning a Lawyer's Services (a) A lawyer shall not make or sponsor a false or misleading communication about the qualifications or services of a lawyer or law firm. Information about legal services must be truthful and nondeceptive.
What is Rule 2.10 Texas Rules of disciplinary procedure?
2.10. Classification of Grievances: The Chief Disciplinary Counsel shall within thirty days examine each Grievance received to determine whether it constitutes an Inquiry, a Complaint, or a Discretionary Referral.
What is 1.15 D of the Texas Disciplinary Rules of professional conduct?
(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any ...
What is Disciplinary Rule 7 105 in Texas?
If the letter indicates that the purpose of the prosecution is to obtain the payment of the check, this would be improper, and in violation of Disciplinary Rule 7-105, which prohibits an attorney from threatening to present criminal charges solely to obtain an advantage in a civil matter.
What is Disciplinary Rule 1.02 in Texas?
Rule 1.02 - Scope and Objectives of Representation (a) Subject to paragraphs (b), (c), (d), (e), and (f), a lawyer shall abide by a client's decisions: (1) concerning the objectives and general methods of representation; (2) whether to accept an offer of settlement of a matter, except as otherwise authorized by law; (3 ...
What is Texas Disciplinary Rule 4.04 B )( 1?
An additional requirement, set out in Rule 4.04(b)(1), is that “[a] lawyer shall not present, participate in presenting, or threaten to present: (1) criminal or disciplinary charges solely to gain an advantage in a civil matter . . . .” Thus, Rule 4.04(b)(1) prohibits the lawyer from reporting the possibly illegal ...
What is Disciplinary Rule 1.11 in Texas?
Rule 1.11 - Adjudicatory Official or Law Clerk (a) A lawyer shall not represent anyone in connection with a matter in which the lawyer has passed upon the merits or otherwise participated personally and substantially as an adjudicatory official or law clerk to an adjudicatory official, unless all parties to the ...
What is Rule 8.04 A )( 3 of the Texas Disciplinary Rules of Professional Conduct?
Rule 4.01 provides in part that, in the course of representing a client, “a lawyer shall not knowingly; (a) make a false statement of material fact or law to a third person….” Rule 8.04(a)(3) provides that a lawyer shall not “engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.”
What is Rule 3.08 of Texas Disciplinary Rules of professional conduct?
A lawyer who believes that he or she will be compelled to furnish testimony concerning such matters should not continue to act as an advocate for his or her client except with the client's informed consent, because of the substantial likelihood that such adverse testimony would damage the lawyer's ability to represent ...
What is Rule 239 in Texas?
Rule 239. Judgment by Default (1941) Upon such call of the docket, or at any time after a defendant is required to answer, the plaintiff may in term time take judgment by default against such defendant if he has not previously filed an answer. Source: Art.
What is Rule 239 A of the Texas Rules of Civil Procedure?
At or immediately prior to the time an interlocutory or final default judgment is rendered, the party taking the same or his attorney shall certify to the clerk in writing the last known mailing address of the party against whom the judgment is taken, which certificate shall be filed among the papers in the cause.
What is Rule 4.02 A of the Texas Disciplinary Rules of professional conduct?
Rule 4.02 - Communication with One Represented by Counsel (a) In representing a client, a lawyer shall not communicate or cause or encourage another to communicate about the subject of the representation with a person, organization or entity of government the lawyer knows to be represented by another lawyer regarding ...
What is a Rule 109 motion in Texas?
Where a party to a suit, his agent or attorney, shall make oath when the suit is instituted or at any time during its progress, that any party defendant therein is a non-resident of the State, or that he is absent from the State, or that he is a transient person, or that his residence is unknown to affiant, the clerk ...
What is the disciplinary rule 3.02 in Texas?
In the course of litigation, a lawyer shall not take a position that unreasonably increases the costs or other burdens of the case or that unreasonably delays resolution of the matter.
What is Rule 34.6 of the Texas Rules of Appellate Procedure?
In a criminal case in which a party requests a reporter's record, the court reporter must prepare a duplicate of the reporter's record and file it with the trial court clerk. In a case where the death penalty was assessed, the court reporter must prepare two duplicates of the reporter's record.
What is Rule 11 in Texas procedure?
In a Rule 11 agreement, you and the other parent can agree about things such as how medical, psychological, and educational decisions are made. This also includes determining where your child will live and which parent will be considered the custodial parent. See Texas Family Code chapter 153.
What is a 12.45 in Texas?
Section 12.45 - Admission of Unadjudicated Offense (a) A person may, with the consent of the attorney for the state, admit during the sentencing hearing his guilt of one or more unadjudicated offenses and request the court to take each into account in determining sentence for the offense or offenses of which he stands ...
What is Texas Rule 402?
Rule 402. General Admissibility of Relevant Evidence Relevant evidence is admissible unless any of the following provides otherwise: the United States or Texas Constitution; a statute; these rules; or other rules prescribed under statutory authority.
What is Rule 292 in Texas?
Rule 292 - Verdict by Portion of Original Jury (a) Except as provided in subsection (b), a verdict may be rendered in any cause by the concurrence, as to each and all answers made, of the same ten or more members of an original jury of twelve or of the same five or more members of an original jury of six.
What is Texas Rule 702?
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.