Ethics Question of the Month November 2021

Lawyer Discipline, By the Numbers

How much do you know about the attorney grievance system?

The Situation

The State Bar recently posted on its website the Annual Report of the Commission for Lawyer Discipline, which contains a wealth of information about the grievance process and statistics from the prior Bar year, which ran from June 1, 2020, through May 31, 2021.  The following questions and answers are all derived from that report.        

1. How many grievances were filed against Texas attorneys during the 2020-21 Bar year? 

A. 5,217

B. 7,007

C. 9,256

D. 12,755

2. When a grievance fails to allege, on its face, any professional misconduct, it is categorized as an “inquiry” and dismissed.  What percentage of grievances filed last year were dismissed as inquiries?

A. 28%

B. 37%

C. 54%

D. 70%

3. The CDC classifies by practice area every case in which sanctions are issued.  Last year, what percentage of attorney sanctions were classified as criminal law?

A. 8%

B. 15%

C. 22%

D. 31%

4. What percentage were classified as family law?

A. 19%

B. 23%

C. 28%

D. 33%

5. What percentage were classified as personal injury law?

A. 9%

B. 15%

C. 21%

D. 29%

6. The CDC classifies every case in which sanctions are issued by the type of misconduct. What percentage of grievances involve safeguarding property?

A. 8%

B. 11%

C. 15%

D. 19%

7. What percentage of grievances involve neglect? 

A. 10%

B. 16%

C. 23%

D. 28%

8. What percentage of grievances are classified as communication?

A. 15%

B. 21%

C. 25%

D. 28%

9. What percentage are classified as declining/terminating representation?

A. 5%

B. 9%

C. 14%

D. 18%

10. What percentage of sanctions are classified as integrity?

A. 18%

B. 24%

C. 27%

D. 32%

11. Of the total disciplinary sanctions issued, what percentage were men?

A. 52%

B. 61%

C. 73%

D. 79%

12. How many Texas lawyers were disbarred last year?

A. 18

B. 35

C. 51

D. 73

13. How many lawyers were suspended?

A. 62

B. 98

C. 123

D. 154

14. The State Bar’s Client Security Fund provides compensation to victims of attorney theft or an attorney’s failure to refund unearned funds who meet certain eligibility criteria.  How much did the Client Security Fund distribute last year to victims of lawyer misconduct?

A. $190,408

B. $278,560

C. $390,717

D. $483,700

15. The CDC operates a toll-free Ethics Helpline (800- 532-3947) that provides guidance to Texas Attorneys on relevant ethics rules, opinions, and caselaw (though it cannot provide legal advice).  Approximately how many calls did the Helpline answer last year?

A. 2000

B. 3000

C. 4000

D. 5000

The Question

How did you do?

The Correct Answer is A Of 30 Responses, 100% are correct.

  1. A 30

The Explanation

Correct responses:  1(B), 2(D), 3(C), 4(B), 5(A), 6(B), 7(C), 8(D), 9(C), 10(B), 11(D), 12(A), 13(C), 14(D), 15(D).

All information is from the Annual Report of the Commission for Lawyer Discipline.  Some highlights:

Sanctions by five top areas of law:

Civil                                                                      39%

Family                                                                 23%

Criminal                                                             22%

Personal Injury                                                  9%

Probate                                                                7%

Sanctions by top five areas of misconduct

Communication                                                28%

Integrity                                                              24%

Neglect                                                                23%

Decline/terminate representation            14%

Safeguard property                                         11%

Total Disciplinary sanctions                         372

Total Complaints resolved                             459  (each sanction may include multiple complaints)

Matters resolved by Client-Attorney Assistance Program 911

Disbarments                                                       18

Resignations in Lieu of Discipline               15

Suspensions                                                       123

Public Reprimands                                          36

Private Reprimands                                         100

Grievance Referral Program                     80

Bluebook Citation

Lawyer Discipline, By the Numbers: Ethics Question of the Month - November 2021, Texas Center for Legal Ethics (2021), from https://legalethicstexas.com/ethics-question-of-the-month/ethics-question-of-the-month-november-2021/ (last visited Nov 23, 2024)