Mr. Silvestre Moreno, Jr.’s letter regarding alleged presumed misconduct by attorneys is a little misleading. The American Bar Association (ABA) does not establish disciplinary rules for attorneys in any state. It may suggest Model Rules of conduct which the state bars may or may not adopt.
The ABA is a voluntary bar association governed by its membership and has no disciplinary jurisdiction over the conduct of attorneys in any state.
That duty lies with the state bar associations.
Texas, for example, is not a voluntary bar association. State law mandates that all attorneys licensed to practice law in Texas must be members of the state bar and subject to its Disciplinary Rules of Professional Conduct. Out of state attorneys that seek permission to practice in Texas, whether it be for just one case or generally, are also subject to the state bar’s disciplinary rules.
Mr. Moreno also mentions “alleged acts of misconduct.” He believes that coaching a witness is constitutes misconduct. It is not. Telling a witness to lie under oath is. Informing a witness of what law applies to that person’s case is not illegal.
It is informing a client of how the law may or may not affect his or her case. You tell a witness not to lie, to listen to the question and just answer the question.
You are entitled to explain your answer if you need to, but you need not go off half-cocked and give your adversary ammunition that can be used against you.
Haven’t you been reading or listening to Giuliani about how much time he needs to “prepare” President Trump before he submits to an interview with Mueller? He’s going to coach him (if that is possible).
Do you think that is illegal? Of course not.
Grievance committees are formed in all county bar associations to hear, investigate, and resolve attorney complaints of misconduct.
Most of those complaints are resolved at the local level, but some are litigated. Complaints that require disciplinary action result in disbarments, resignations, suspensions, public reprimands or private reprimands. But the bar does not have investigators looking over attorneys’ shoulders. They act only when complaints are made to the bar.
So just because you hear rumors of someone acting improperly won’t cut it. You need to name the attorney and present information based on personal knowledge or through actual witness testimony of the alleged misconduct.
Complaints are kept confidential unless it goes to a hearing. Attorneys accused of misconduct must respond to the complaint.
Failure to respond is professional misconduct itself. If in doubt, contact the State Bar. Go to their website and file your complaint, legitimate or not. Their lawyer will evaluate the complaint and take the appropriate action.
Melchor Chavez, Harlingen
