Tex. R. Disciplinary P. 1.06

A. “Address” means the registered mailing address or preferred email address

provided to the State Bar by the Respondent pursuant to Article III of the State Bar Rules.

B. “Board” means the Board of Directors of the State Bar of Texas.

C. “Chief Disciplinary Counsel ” means the person serving as Chief Disciplinary

Counsel and any and all of his or her assistants.

D. “Commission” means the Commission for Lawyer Discipline, a permanent

committee of the State Bar of Texas.

E. “Committee” means any of the grievance committees within a single District.

F. “Complainant” means the person, firm, corporation, or other entity, including the

Chief Disciplinary Counsel, initiating a Complaint or Inquiry.

G. “Complaint” means a Grievance received by the Office of the Chief Disciplinary

Counsel that:

1. either on its face or upon screening or preliminary investigation, alleges

Professional Misconduct or attorney Disability, or both, cognizable under these

rules or the Texas Disciplinary Rules of Professional Conduct; and

2. is submitted by any of the following:

a. a family member of a ward in a guardianship proceeding that is the

subject of the Grievance;

b. a family member of a decedent in a probate matter that is the subject

of the Grievance;

c. a trustee of a trust or an executor of an estate if the matter that is the

subject of the Grievance relates to the trust or estate;

d. the judge, prosecuting attorney, defense attorney, court staff

member, or juror in the legal matter that is the subject of the Grievance;

e. a trustee in a bankruptcy that is the subject of the Grievance; or

f. any other person who has a cognizable individual interest in or

connection to the legal matter or facts alleged in the Grievance.

H. “Director” means a member of the Board of Directors of the State Bar of Texas.

I. “Disability” means any physical, mental, or emotional condition that, with or

without a substantive rule violation, results in the attorney’s inability to practice law,

provide client services, complete contracts of employment, or otherwise carry out his or

her professional responsibilities to clients, courts, the profession, or the public.

J. “Disciplinary Action” means a proceeding brought by or against a n attorney in a

district court or any judicial proceeding covered by these rules other than an Evidentiary

Hearing.

K. “Disciplinary Petition” means a pleading that satisfies the requirements of Rule

3.01.

L. “Disciplinary Proceedings ” includes the processing of a Grievance, the

investigation and processing of an Inquiry or Complaint, the proceeding before an

Investigatory Panel, presentation of a Complaint before a Summary Disposition Panel, and

the proceeding before an Evidentiary Panel.

M. “Discretionary Referral ” means a Grievance received by the Office of Chief

Disciplinary Counsel that has been determined upon initial classification to involve minor

misconduct and is appropriate for referral to the State Bar’s Client Attorney Assistance

Program.

N. “District” means disciplinary district.

O. “Evidentiary Hearing” means an adjudicatory proceeding before a panel of a

grievance committee.

P. “Evidentiary Panel” means a panel of the District Grievance Committee performing

an adjudicatory function other than that of a Summary Disposition Panel or an

Investigatory Panel with regard to a Disciplinary Proceeding pending before the District

Grievance Committee of which the Evidentiary Panel is a subcommittee.

Q. “Evidentiary Petition ” means a pleading that satisfies the requirements of Rule

2.17.

R. “Grievance” means a written statement, from whatever source, apparently intended

to allege Professional Misconduct by a lawyer, or lawyer Disability, or both, received by

the Office of the Chief Disciplinary Counsel.

S. “Injury” in Part XV of the Rules is harm to a client, the public, the legal system, or

the profession which results from a Respondent’s misconduct. The level of injury can range

from “serious” injury to “little or no” injury; a reference to “injury alone indicates any level

of injury greater than “little or no” injury.

T. “Inquiry” means a Grievance received by the Office of the Chief Disciplinary

Counsel that, even if true, does not allege Professional Misconduct or Disability or is not

submitted by a person listed in paragraph G.

U. “Intent” in Part XV of these Rules is the conscious objective or purpose to

accomplish a particular result. A person’s intent may be inferred from circumstances.

V. “Intentional Crime” means (1) any Serious Crime that requires proof of knowledge

or intent as an essential element or (2) any crime involving misapplication of money or

other property held as a fiduciary.

W. “Investigatory Panel ” means a panel of the Committee that conducts a

nonadversarial proceeding during the investigation of the Complaint by the Chief

Disciplinary Counsel.

X. “Knowledge” in Part XV of these Rules is the conscious awareness of the nature of

attendant circumstances of the conduct but without the conscious objective or purpose to

accomplish a particular result. A person’s knowledge may be inferred from circumstances.

Y. “Negligence” in Part XV of these Rules is the failure to exercise the care that a

reasonably prudent and competent lawyer would exercise in like circumstances.

Z. “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 suspension as an attorney licensed

to practice law in the State of Texas or probation.

AA. “Penal Institution” has the meaning assigned by Article 62.001, Code of Criminal

procedure.

BB. “Potential Injury” in Part XV of the Rules is the harm to a client, the public, the

legal system or the profession that is reasonably foreseeable at the time of the Respondent’s

misconduct, and which, but for some intervening factor or event, would probably have

resulted from Respondent’s misconduct.

CC. “Professional Misconduct” includes:

1. Acts or omissions by an attorney, individually or in concert with another

person or persons, that violate one or more of the Texas Disciplinary Rules of

Professional Conduct.

2. Attorney conduct that occurs in another jurisdiction, including before any

federal court or federal agency, and results in the disciplining of an attorney in that

other jurisdiction, if the conduct is Professional Misconduct under the Disciplinary

Rules of Professional Conduct.

3. Violation of any disciplinary or disability order or judgment.

4. Engaging in conduct that constitutes barratry as defined by the law of this

state.

5. Failure to comply with Rule 13.01 of these rules relating to notification of

an attorney’s cessation of practice.

6. Engaging in the practice of law either during a period of suspension or when

on inactive status.

7. Conviction of a Serious Crime, or being placed on probation for a Serious

Crime with or without an adjudication of guilt.

8. Conviction of an Intentional Crime, or being placed on probation for an

Intentional Crime with or without an adjudication of guilt.

DD. “Reasonable Attorneys’ Fees,” for purposes of these rules only, means a reasonable

fee for a competent private attorney, under the circumstances. Relevant factors that may be

considered in determining the reasonableness of a fee include but are not limited to the

following:

1. The time and labor required, the novelty and difficulty of the questions

involved and the skill requisite to perform the legal service properly;

2. The fee customarily charged in the locality for similar legal services;

3. The amount involved and the results obtained;

4. The time limitations imposed by the circumstances; and

5. The experience, reputation, and ability of the lawyer or lawyers performing

the services.

EE. “Respondent” means any attorney who is the subject of a Grievance, Complaint,

Disciplinary Proceeding, or Disciplinary Action.

FF. “Sanction” means any of the following:

1. Disbarment.

2. Resignation in lieu of discipline.

3. Indefinite Disability suspension.

4. Suspension for a term certain.

5. Probation of suspension, which probation may be concurrent with the

period of suspension, upon such reasonable terms as are appropriate under the

circumstances.

6. Interim suspension.

7. Public reprimand.

8. Private reprimand.

The term “Sanction” may include the following additional ancillary requirements:

a. Restitution (which may include repayment to the Client Security Fund of

the State Bar of any payments made by reason of Respondent’s Professional

Misconduct); and

b. Payment of Reasonable Attorneys’ Fees and all direct expenses associated

with the proceedings.

GG. “Serious Crime ” means barratry; any felony involving moral turpi tude; any

misdemeanor involving theft, embezzlement, or fraudulent or reckless misappropriation of

money or other property; or any attempt, conspiracy, or solicitation of another to commit

any of the foregoing crimes.

HH. “State Bar” means the State Bar of Texas.

II. “Summary Disposition Panel ” means a panel of the Committee that determines

whether a Complaint should proceed or should be dismissed based upon the absence of

evidence to support a finding of Just Cause after a reasonable investigation by the Chief

Disciplinary Counsel of the allegations in the Grievance.

JJ. “Wrongfully Imprisoned Person” has the meaning assigned by Section 501.101,

Government Code.