Tex. R. Disciplinary P. 15.04

A. Lack of Diligence

Absent aggravating or mitigating circumstances, and upon application of the factors set out

in Rule 15.02, the following sanctions are generally appropriate in cases involving neglect,

frequent failure to carry out completely the obligations owed to a client, failure to

communicate, failure to provide competent representation, or failure to abide by client

decisions:

1. Disbarment is generally appropriate when:

(a) a Respondent abandons the practice and causes serious or potentially

serious injury to a client; or

(b) a Respondent knowingly fails to perform services for a client, fails to

adequately communicate with a client, fails to provide competent

representation, or fails to abide by client decisions and causes serious or

potentially serious injury to a client; or

(c) a Respondent engages in a pattern of neglect with respect to client matters,

inadequate client communications, lack of competent representation, or

failure to abide by client decisions and causes serious or potentially serious

injury to a client.

2. Suspension is generally appropriate when:

(a) a Respondent knowingly fails to perform services for a client, fails to

adequately communicate with a client, fails to provide competent

representation, or fails to abide by client decisions and causes injury or

potential injury to a client, or

(b) a Respondent engages in a pattern of neglect with respect to client matters,

inadequate client communications, lack of competent representation, or

failure to abide by client decisions and causes injury or potential injury to a

client.

3. Public reprimand is generally appropriate when a Respondent does not act with

reasonable diligence in representing a client, communicating with a client,

providing competent representation, or abiding by client decisions and causes

injury or potential injury to a client.

4. Private reprimand is generally appropriate when a Respondent does not act with

reasonable diligence in representing a client, communicating with a client,

providing competent representation or abiding by client decisions and causes little

or no actual or potential injury to a client.

B. Failure to Preserve the Client’s Property

Absent aggravating or mitigating circumstances, and upon application of the factors set out

in Rule 15.02, the following sanctions are generally appropriate in cases involving the

failure to preserve client property, including the failure to surrender papers and property or

to refund any advance payment of fee that has not been earned on the termina tion of

representation:

1. Disbarment is generally appropriate when a Respondent knowingly converts client

property and causes injury or potential injury to a client.

2. Suspension is generally appropriate when a Respondent knows or should know that

he is dealing improperly with client property and causes injury or potential injury

to a client.

3. Public reprimand is generally appropriate when a Respondent is negligent in

dealing with client property and causes injury or potential injury to a client.

4. Private reprimand is generally appropriate when a Respondent is negligent in

dealing with client property and causes little or no actual or potential injury to a

client.

C. Failure to Preserve the Client’s Confidences

Absent aggravating or mitigating circumstances, and upon application of the factors set out

in Rule 15.02, the following sanctions are generally appropriate in cases involving

improper disclosure of information relating to the representation of a client:

1. Disbarment is generally appropriate when a Respondent, with the intent to benefit

the Respondent or another, knowingly reveals information relating to the

representation of a client not otherwise lawfully permitted to be disclosed, and this

disclosure causes injury or potential injury to a client.

2. Suspension is generally appropriate when a Respondent knowingly reveals

information relating to the representation of a client not otherwise lawfully

permitted to be disclosed, and this disclosure causes injury or potential injury to a

client.

3. Public reprimand is generally appropriate when a Respondent negligently reveals

information relating to representation of a client not otherwise lawfully permitted

to be disclosed, and this disclosure causes injury or potential injury to a client.

4. Private reprimand is generally appropriate when a Respondent negligently reveals

information relating to representation of a client not otherwise lawfully permitted

to be disclosed and this disclosure causes little or no actual or potential injury to a

client.

D. Failure to Avoid Conflicts of Interest

Absent aggravating or mitigating circumstances, and upon application of the factors set out

in Rule 15.02, the following sanctions are generally appropriate in cases involving conflicts

of interest:

1. Disbarment is generally appropriate when a Respondent, without the informed

consent of client(s):

(a) engages in representation of a client knowing that the Respondent’s

interests are adverse to the client’s with the intent to benefit the lawyer or

another, and causes serious or potentially serious injury to the client; or

(b) simultaneously represents clients that the Respondent knows have adverse

interests with the intent to benefit the lawyer or another, and causes serious

or potentially serious injury to a client; or

(c) represents a client in a matter substantially related to a matter in which the

interests of a present or former client are materially adverse, and knowingly

uses information relating to the representation of a client with the intent to

benefit the Respondent or another, and causes serious or potentially serious

injury to a client.

2. Suspension is generally appropriate when a Respondent knows of a conflict of

interest and does not fully disclose to a client the possible effect of that conflict,

and causes injury or potential injury to a client.

3. Public reprimand is generally appropriate when a Respondent is negligent in

determining whether the representation of a client may be materially affected by

the Respondent’s own interests, or whether the representation will adversely affect

another client, and causes injury or potential injury to a client.

4. Private reprimand is generally appropriate when a Respondent engages in an

isolated instance of negligence in determining whether the representation of a client

may be materially affected by the Respondent’s own interests, or whether the

representation will adversely affect another client, and causes little or no actual or

potential injury to a client.

E. Lack of Candor

Absent aggravating or mitigating circumstances, and upon application of the factors set out

in Rule 15.02, the following sanctions are generally appropriate in cases where the lawyer

engages in dishonesty, fraud, deceit, or misrepresentation directed toward a client:

1. Disbarment is generally appropriate when a Respondent knowingly deceives a

client with the intent to benefit the Respondent or another, and causes serious injury

or potential serious injury to a client.

2. Suspension is generally appropriate when a Respondent knowingly deceives a

client, and causes injury or potential injury to the client.

3. Public reprimand is generally appropriate when a Respondent is negligent in

determining the accuracy or completeness of information provided to a client, and

causes injury or potential injury to the client.

4. Private reprimand is generally appropriate when a Respondent engages in an

isolated instance of negligence in determining the accuracy or completeness of

information provided to a client, and causes little or no actual or potential injury to

the client.