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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Izen v. Commission for Lawyer Discipline

The case concerns attorney Joe Alfred Izen Jr.'s challenge to disciplinary actions taken by the State Bar of Texas. He was disciplined by the Advertising Review Committee and the Commission for Lawyer Discipline for alleged violations of professional conduct rules related to lawyer advertising. Izen contended that these entities violated his fundamental constitutional right to due process by failing to adhere to their own procedures, expanding their investigation without notice, and initiating disciplinary proceedings without allowing him an opportunity to rectify perceived issues, despite accepting his fees. The dissenting justice concurred, arguing that the application of former Rule 7.07 was unconstitutional, as it deprived Izen of fair notice and a chance to cure violations. Consequently, the dissenting justice advocated for vacating the district court's judgment, which had favored the Commission, and dismissing all proceedings against Izen.

Due ProcessAttorney DisciplineLawyer AdvertisingFirst AmendmentFourteenth AmendmentTexas ConstitutionState Bar of TexasProfessional Conduct RulesSafe HarborProcedural Due Process
References
18
Case No. 03-05-00413-CV
Regular Panel Decision
Jun 29, 2007

Raul Garcia v. Commission for Lawyer Discipline

This disciplinary action was initiated by the Commission for Lawyer Discipline against attorney Raul Garcia for alleged violations of the Texas Disciplinary Rules of Professional Conduct. The district court found Garcia in violation of rules concerning fee-splitting with a non-lawyer, assisting in the unauthorized practice of law, and practicing under a trade name, while ruling in his favor on a charge of forming a partnership with a non-lawyer. Garcia appealed the district court's partial summary judgment against him. The appellate court reviewed the case de novo and affirmed the district court's judgment, concluding that Garcia indeed violated rules 5.04(a), 5.05(b), and 7.01(a) as an employee of a non-profit organization providing legal services.

Legal EthicsAttorney DisciplineUnauthorized Practice of LawFee SplittingTrade NameProfessional MisconductSummary JudgmentAppellate ReviewNon-profit OrganizationImmigration Law
References
16
Case No. 01-07-01114-CV
Regular Panel Decision
May 28, 2010

Joe Alfred Izen, Jr. v. Commission for Lawyer Discipline

Justice Keyes dissents from the majority's decision, asserting that the State Bar of Texas and its Commission for Lawyer Discipline violated appellant Joe Alfred Izen Jr.'s fundamental constitutional due process rights. Izen was subjected to disciplinary proceedings and a license suspension after the Advertising Review Committee broadened its investigation into his advertising practices sua sponte, despite an initial offer for administrative resolution. The dissent argues that the Committee failed to provide proper notice and opportunity to cure alleged violations, contrary to its own rules and the "safe harbor" provision of former Texas Disciplinary Rule of Professional Conduct 7.07. Justice Keyes concludes that Rule 7.07, as applied in this case, is unconstitutional under both federal and Texas constitutions. Consequently, she would vacate the district court's judgment and dismiss the proceedings against Izen.

Due ProcessAttorney DisciplineLawyer AdvertisingConstitutional LawFirst AmendmentFourteenth AmendmentAdministrative LawTexas State BarProfessional ConductSafe Harbor
References
20
Case No. 01-23-00329-CV
Regular Panel Decision
May 22, 2025

Richard Robins v. Commission for Lawyer Discipline

This appeal concerns an attorney-discipline proceeding in which attorney Richard Andert Robins was disbarred after a jury found him guilty of professional misconduct. The Commission for Lawyer Discipline accused Robins of violating multiple Texas Disciplinary Rules of Professional Conduct, specifically for failing to surrender client files, filing frivolous cases, causing unreasonable delay, withholding facts from the tribunal to assist fraud, and engaging in dishonest conduct. Robins challenged the disbarment on various procedural and evidentiary grounds, including the dismissal of his religious discrimination counterclaim. The Court of Appeals for the First District of Texas affirmed the trial court's judgment, concluding there was sufficient evidence to support the jury's findings of professional misconduct and rejecting Robins's other arguments regarding juror misconduct and constitutional challenges.

Attorney DisciplineProfessional MisconductDisbarmentLegal EthicsFrivolous LitigationClient File RetentionCandor Toward TribunalDishonestyFraudMisrepresentation
References
49
Case No. MISSING
Regular Panel Decision

Eureste v. Commission for Lawyer Discipline

Bernardo Eureste, a Texas attorney specializing in workers' compensation, appealed a three-year suspension from law practice, stemming from complaints by the Texas Workers’ Compensation Fund and a former client, Juan Granado. The complaints focused on Eureste's illegal and unconscionable billing practices, where he routinely overbilled clients by reporting non-attorney work as his own and charging maximum fees irrespective of actual time spent. Additionally, Eureste was cited for inadequate representation, specifically failing to assist Granado in obtaining crucial shoulder surgery, despite his contractual obligations. The appellate court affirmed the trial court's judgment, finding sufficient evidence that Eureste violated multiple Texas Disciplinary Rules of Professional Conduct, including those related to illegal fees, dishonesty, client neglect, and inadequate communication. The court upheld the imposed sanctions, emphasizing the significant financial loss to clients and the severe damage inflicted upon the legal profession by Eureste's conduct.

Attorney MisconductProfessional EthicsWorkers' Compensation LawBilling FraudUnconscionable FeesClient NeglectInadequate RepresentationLegal Ethics ViolationSuspension of Law LicenseTexas Disciplinary Rules
References
18
Case No. 03-96-00151-CV
Regular Panel Decision
Aug 14, 1997

Pedro Antonio Diaz v. Commission for Lawyer Discipline

Pedro Antonio Diaz appealed a trial court judgment that suspended his authority to practice law for eighteen months. The suspension followed a jury's finding that Diaz violated three disciplinary rules: making a false statement of material fact to a tribunal, commingling lawyer and client funds, and engaging in dishonest conduct. Diaz challenged the submission of additional violations and the sufficiency of the evidence. The appellate court affirmed the trial court's judgment, holding that the district court proceedings were original and independent, allowing for the assertion of additional claims. The court also found sufficient evidence to support the jury's findings regarding the false statements made in an affidavit and rejected arguments concerning materiality and Diaz's role as a party.

lawyer disciplineprofessional misconductfalse statementscommingling fundsattorney suspensionappellate reviewTexas lawlegal ethicssummary judgmentequitable lien
References
3
Case No. PD-1500-15
Regular Panel Decision
Dec 23, 2015

Wright, Laci Rena

This document is the State of Texas's petition for discretionary review to the Court of Criminal Appeals, challenging the Eleventh Court of Appeals' decision to reverse Laci Rena Wright's convictions. Wright was convicted of two counts of injury to a child by omission for failing to provide medical care to her four-year-old daughter, B.R., after B.R. was sexually assaulted by Wright's boyfriend. The State argues that the Court of Appeals misapplied the legal sufficiency standard and that ample evidence supported the jury's finding that Wright recklessly caused serious mental impairment or injury to B.R. by consciously disregarding the risk of her inaction. The petition requests the Court of Criminal Appeals to reverse the Court of Appeals' ruling and reinstate Wright's conviction for recklessly causing serious mental injury.

Child InjuryChild OmissionSexual AssaultRecklessnessMental ImpairmentLegal SufficiencyAppellate ReviewCausationMedical NeglectPTSD
References
29
Case No. PD-0758-15
Regular Panel Decision
Jul 01, 2015

Morgan, Dewan

Regina Raglin invited her boyfriend, Dewan Morgan (Appellee), to live with her. She paid rent, and he contributed to household expenses. They had an argument, and fearing Appellee, Regina invited a male friend over. Upon Appellee's return, he saw the friend, and Regina locked a deadbolt, making his key useless. Appellee pounded on the door, rang the doorbell, yelled, shattered a kitchen window, and ultimately kicked down the door. He then assaulted Regina. A jury convicted Appellee of burglary of a habitation, and he was sentenced to 12 years. The Second Court of Appeals reversed the burglary conviction, affirmed a lesser included assault, and remanded for new punishment proceedings. The State now petitions for discretionary review, arguing that trial and appellate courts should primarily use the Penal Code's definition of 'owner' rather than property law principles. The State also seeks clarification on how much time must elapse after a victim revokes consent for a live-in partner's entry for it to be considered a burglary.

Burglary of HabitationProperty LawPenal CodeConsent to EnterCo-tenancyDomestic ViolenceAppellate ReviewSufficiency of EvidenceLesser-Included OffenseTexas Criminal Appeals
References
18
Case No. MISSING
Regular Panel Decision

McIntyre v. Commission for Lawyer Discipline

Frank W. McIntyre appeals a trial court's judgment disbarring him as an attorney in Texas. The disciplinary proceeding stemmed from McIntyre's representation of Elizabeth Zedaran in a post-divorce proceeding regarding unpaid 1999 federal income taxes owed by her ex-husband, James Infinger. McIntyre received a check from the court registry to pay part of the taxes but withheld it, claiming he needed a signed tax return and Infinger's check for the balance, which led to significant penalties from the IRS. Infinger filed a grievance, and the Commission for Lawyer Discipline filed a disciplinary petition. A jury found McIntyre violated Texas Disciplinary Rules of Professional Conduct 1.14(b) and 3.04(d), leading to his disbarment, which this appellate court affirms.

Attorney DisbarmentProfessional MisconductLegal EthicsClient FundsThird-Party InterestsTax LiabilityDivorce Decree EnforcementTexas Disciplinary Rules of Professional ConductJury Charge ErrorLegal Sufficiency Review
References
22
Case No. MISSING
Regular Panel Decision

Diaz v. Commission for Lawyer Discipline

Pedro Antonio Diaz appealed a trial court judgment suspending his law license for 18 months in Texas. The disciplinary action stemmed from a complaint by his former law partner, Kenneth Korth, who alleged Diaz made false statements in an affidavit during a lawsuit concerning a $15,000 debt and an equitable lien on Diaz's home. The Commission for Lawyer Discipline brought charges against Diaz, including making false statements to a tribunal, commingling funds, and engaging in dishonest conduct. A jury found Diaz committed all three violations. On appeal, Diaz challenged the submission of two additional violations and the sufficiency of the evidence. The appellate court affirmed the district court's judgment, finding no reversible error and sufficient evidence to support the jury's findings, particularly regarding the false statement made to a tribunal.

Lawyer DisciplineProfessional MisconductFalse StatementsAffidavitEquitable LienTrial De NovoSufficiency of EvidenceAppellate ReviewSuspension of LicenseCommingling Funds
References
3
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