I felt honored and privileged last Friday, June 19, 2015 to be invited by the Chairperson of the Texas Supreme Court Grievance Oversight Committee, Katherine Wylie,  to make a presentation to the Committee on recommended suggestions about the grievance process and to present  Ethics Expert Lillian Hardwick’s recommendations.  Chairperson Katherine Wylie was on the Committee that I addressed last year at the State Bar Convention, and was gracious enough to allow me to return this year.

If you are interested in what Ms. Hardwick or I had to say, we have posted our recommendations on the site, www.codc-revealed.com. In summary, Ms. Hardwick was concerned with:

• The need for the Commission for Lawyer Discipline to Have Independent Counsel;

• Appropriate Burden of Proof;

• Maintained and Shared/Searchable Sanctions Database

• Make the Procedural Rules Apply Across the Board ( what the OCDC does not do)

• Rebut the Conclusion that the State Bar of Targets Small Firms and Solos

• Permit More of a Win to a Respondent Attorney Who “ Wins” a Grievance

• Prevent Double-Dipping with Rule 8.04(a)(1)

 

I presented these point to the Committee since Ms. Hardwick was not able to attend in person. I also provide my documents and discussed the following:

• Judicial Training and Selection

• Review of Grievance and Procedure

• Review of Recommendations of Lillian Hardwick

• Address Rampant Prosecutorial Misconduct

• Correct Bad Faith Mediation

• Overall perception of Bar Associations/ perception of Texas Bar Association

• GOC survey to be done on line

• Private Reprimands apply in district court matters.

• Complaints to be done in writing and sworn to.

 

An additional matter was discussed in the slight  30 minutes I had  to present:  how screening is done by the OCDC intake.  I had not listed it on my list nor was it listed by Ms. Hardwick. But it is a very important topic since many in the public believe they are not considered nor have a voice  when a complaint is filed. Since investigative panels have gone the way of the dinosaurs, it is not a good perception to have the public believe attorneys do little to really police themselves, and attorneys believe the OCDC is only after small firms and solos. The documents referenced here are located on our site: www.ocdc-revealed.com.