Sec. 81.078. DISCIPLINARY PROCEEDINGS. (a) Except as provided by Subsection (b), until an attorney has been convicted of the charges for disbarment pending against the attorney in a court of competent jurisdiction, the attorney may be suspended from the practice of law only if the attorney concurs in an order of suspension entered by the grievance committee.
(b) On proof of an attorney's conviction in a trial court of competent jurisdiction of any felony involving moral turpitude or of any misdemeanor involving the theft, embezzlement, or fraudulent misappropriation of money or other property, the district court of the county of the residence of the convicted attorney shall enter an order suspending the attorney from the practice of law during the pendency of any appeals from the conviction. An attorney who has been given probation after the conviction, whether adjudicated or unadjudicated, shall be suspended from the practice of law during the probation.
(c) On proof of final conviction of any felony involving moral turpitude or any misdemeanor involving theft, embezzlement, or fraudulent misappropriation of money or other property, the district court of the county of the residence of the convicted attorney shall enter an order disbarring the attorney.
(d) In an action to disbar any attorney for acts made the basis of a conviction for a felony involving moral turpitude or a misdemeanor involving theft, embezzlement, or fraudulent misappropriation of money or other property, the record of conviction is conclusive evidence of the guilt of the attorney for the crime of which he was convicted.
(e) Either the grievance committee for the bar district or the general counsel may seek enforcement of this section.
(f) This chapter does not prevent prosecution of an attorney in a disciplinary action after conviction for a criminal act based either on the weight of the conviction or on conduct by the attorney that led to the attorney's conviction.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 3.01, eff. Sept. 1, 1987.
Structure Texas Statutes
Section 81.071. Disciplinary Jurisdiction
Section 81.072. General Disciplinary and Disability Procedures
Section 81.073. Classification of Grievances
Section 81.074. Disposition of Inquiries
Section 81.075. Disposition of Complaints
Section 81.0752. Confidentiality
Section 81.0753. Rules Regarding Grievances
Section 81.076. Commission for Lawyer Discipline
Section 81.077. Disbarment Proceedings
Section 81.078. Disciplinary Proceedings
Section 81.079. Public Notification and Information
Section 81.080. Issuance of Subpoena; Objection
Section 81.081. Attorney Self-Reporting
Section 81.082. Process to Identify Complaints Suitable for Settlement or Investigatory Hearing
Section 81.083. Sanction Guidelines
Section 81.084. Grievance Tracking System
Section 81.085. Regular Search of National Lawyer Regulatory Data Bank