Bennett vs. Commission for Lawyer Discipline Oral Argument Before the 14th Court of Appeals

Описание: (First 7 minutes not properly recorded) Bennett v. Commission – 14th Court of Appeals for the State of Texas, Houston, Texas. Oral argument before a three-judge panel, Justices Brett Busby, William J. Boyce, and Marc Brown.
Due to the unique nature of the representation, Bennett required in the fee agreement that his prospective client have his own attorney review the terms of the agreement and approve the representation that included an arbitration clause. The client terminated Bennett and had his attorney filed a grievance against Bennett that alleged violations of Disciplinary Rules 1.15(d) and Rule. 3.02. Although the evidence presented at the trial of the case showed that a grievance had never been filed against Bennett previously, and the Commission did not call a single witness, (fact, expert, or former client), and recommended a probate sanction, the trial court, Judge Carmen Kelsey imposed a disbarment as of March, 2014. During the trial, Judge Kelsey refused to allow expert testimony in spite of never trying a civil case or professional misconduct matter before. She even refused to stay in the court room when offers of proof were made. Thousands of Texas Attorneys have signed amicus briefs challenging the outcome of the case, and over 156 letters of support have been filed. See www.ocdc-revealed.com. No Texas ethics expert has endorsed or supported the Commission’s position in the case.

The preceding video noted above is not intended as legal advice and does not create an attorney-client relationship. Please consult legal counsel for your particular situation. The video is intended for legal education, not public use and helpful for attorneys and to give information about Mr. Bennett's CLEs that have been credited by the State Bar of Texas. Call 713-225-6000 for scheduling a CLE presentation.