In Dell Edward James, Appellant, v. Commission for Lawyer Discipline, Appellee, 310 S.W.3d 598(Ct. App. Texas, 2010) Texas Appeals Court of Dallas ordered public reprimand, restitution to neglected client of $14,483.24, and also attorney fees and cost to the Commission for Lawyer Discipline for $16,522.23.
The Texas Appeals Court affirmed that neglect of a client’s case had occurred and the lawyer was in violation of Texas Disciplinary Rules of Professional Conduct Code Rules 1.03(a) and 1.03(b). The court did not find enough evidence in violation of Rule 1.02(a)(2) which states he did not accept an offer of settlement of a matter, except as otherwise authorized by law.
This case teaches the importance of the lawyer’s duty to represent a client with diligence and competence. The Texas Disciplinary Rules of Professional Conduct Code, Rule 1.03(a) states that “a lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.” Rule 103(b) states that “a lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.”
Find the case at: http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05_10.ask+D+6460390
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