THE GRIEVANCE PROCEDURE JOSE G. “JOEY” GONZALEZ, JR. Watts Guerra Craft, L.L.P. BBVA Compass Bank Bldg., Suite 220 2314 West University Drive Edinburg, Texas 78539 956-381-0500 956-381-4744 (fax) [email protected] State Bar of Texas SOAKING UP SOME CLE A SOUTH TEXAS LITIGATION COURSE April 30- May 1, 2009 South Padre Island CHAPTER 17 JOSE G. “JOEY” GONZALEZ, JR. Watts Guerra Craft, L.L.P. BBVA Compass Bank Bldg, Suite 220 2314 West University Drive Edinburg, Texas 78539 956-381-0500 956-381-4744 (fax) [email protected] EDUCATION: • JD, St. Mary’s University School of Law, San Antonio, 1998 • B.A., Political Science, University of Texas-Pan American, Edinburg, 1993 • United States Military Academy at West Point, 1989-1991 (Honorable Discharge-United States Army, 1991) PROFESSIONAL EXPERIENCE: 2001-present Watts Guerra Craft, L.L.P., Edinburg, Texas Partner 1999-2001 Allen, Stein & Durbin, San Antonio, Texas Associate Attorney 1998-1999 United States District Court-Southern District, Brownsville, Texas Briefing Attorney for the Honorable Filemon B. Vela 1997-1998 Texas Supreme Court, Austin, Texas Judicial Intern for Texas Supreme Court Justice Nathan Hecht LAW RELATED PRESENTATIONS AND PUBLICATIONS: • Mikal C. Watts and Greg L. Gowan, Taking the Offensive-How to Try or Settle Your Case in One Year,” presented by Mr. Gonzalez at the Hidalgo County Bar Association “Crash Course in Personal Injury Litigation-Strategies in the Tort Reform Era” held on February 25, 2005 • Joey Gonzalez, “Filing Your Lawsuit in the New Tort Reform Era: A Brief Overview,” presented by Mr. Gonzalez at the Hidalgo County Bar Association “Nuts & Bolts Seminar for the Solo and Small Firm Practitioner” held on May 7, 2004 • Joey Gonzalez and Alex Miller, “Tort Reform and House Bill 4: A Brief Overview,” presented by Mr. Gonzalez at the Hidalgo County Bar Association “Civil Trial Seminar” held on November 20-21, 2003 • Mikal C. Watts and Joey Gonzalez, “Automotive Product Liability Experts with an Overview of Recent Cases Regarding the Admissibility of Expert Testimony,” presented by Mr. Watts at the Hidalgo County Bar Association “Advanced Civil Trial Seminar” held on November 21-22, 2002 HONORS/ACHIEVEMENTS/CIVIC ACTIVITIES: • President, Hidalgo County Bar Association, (2008-2009) • President, Hidalgo County Bar Foundation, (2008-2009) • Law & Politics/Texas Monthly--Rising Star-Super Lawyer: (2007, 2008, and 2009) • Member, State Bar of Texas Grievance Oversight Committee, (2008-present) (Appointed by the Texas Supreme Court) • Chairman, State Bar of Texas Grievance Committee District 12B, (2007-2008) • Panel Chair, State Bar of Texas Grievance Committee District 12B-1, (2006-2007) • Member, State Bar of Texas Grievance Committee District 12B, (2004-present) • Member, Texas Bar Foundation • Board of Directors, Hidalgo County Bar Association, (2002-present) • Board of Directors, Hidalgo County Bar Foundation, (2002-present) • Board of Directors, Hidalgo County Young Lawyers Association, (2002-2004) • Board of Trustees, University of Texas Pan American Alumni Association, (2003-present) • Vice-President, University of Texas Pan American Board of Trustees, (2005-present) • Board Member, Palmer Drug Abuse Program (PDAP), (2006-present) • President, St. Mary’s University School of Law-Rio Grande Valley Chapter, (2007-present) • Adjunct Professor, South Texas College, (Fall semester-2006) • Associate Editor, St. Mary’s University Law Journal, (1997-1998) The Grievance Procedure Chapter 17 TABLE OF CONTENTS I. INTRODUCTION................................................................................................................................................... 1 II. PERTINENT TERMS AND DEFINITIONS ......................................................................................................... 1 III. THE ROLE OF THE LOCAL GRIEVANCE COMMITTEES.............................................................................. 2 IV. HOW DOES A GRIEVANCE REACH THE EVIDENTIARY PANEL PROCESS............................................. 2 A. A Grievance Is First Filed ............................................................................................................................... 2 B. How Is The Grievance Classified.................................................................................................................... 2 C. CDC Investigation And Just Cause Determination ......................................................................................... 3 D. Summary Disposition Cases............................................................................................................................ 3 E. Notification of the Complaint.......................................................................................................................... 4 F. The Evidentiary Panel Proceedings and Hearing ............................................................................................ 4 G. Sanctions ......................................................................................................................................................... 6 V. CONCLUSION ....................................................................................................................................................... 6 i The Grievance Procedure Chapter 17 THE GRIEVANCE PROCEDURE proceedings. (Texas Rules of Disciplinary Procedure Rule 1.06(C)) I. INTRODUCTION Complainant—The complainant refers to the Many attorneys have navigated throughout their person, firm or other entity (including the CDC) that careers without ever having faced the grievance initiates the complaint or inquiry against the process. However, if asked, most attorneys are not respondent attorney. The complainant can be a witness aware of the system, the process, deadlines, during the evidentiary proceeding. However, the procedures, and the role of local grievance committees. complainant is not a party to the proceedings and Most importantly, a majority of attorneys do not know cannot question witnesses, file motions, object to exactly what to do when faced with a grievance. rulings, appeal rulings, or take any actions typical to a Unfortunately, lack of education or ignorance is not a party in regular proceedings. (Texas Rules of defense when confronted with the grievance process. Disciplinary Procedure Rule 1.06(F)) Some of us may go our entire careers and never have a Respondent—Refers to the attorney who is the grievance filed against us. Some of us, however, may subject of the grievance, complaint, disciplinary not be so fortunate. As the old saying goes, it is better proceeding, or disciplinary action. (Texas Rules of to be fully armed with education and not need it, than Disciplinary Procedure Rule 1.06(X)) need it and not have it. Complaint—Refers to the written allegations Many attorneys who have ignored grievances received by the office of the CDC that allege have ended up with severe sanctions that otherwise professional misconduct or attorney disability (or would have been avoided had they simply educated both), in violation of the Texas Disciplinary Rules of themselves on the grievance process and followed the Professional Conduct. (Texas Rules of Disciplinary strict deadlines and rules. Outside of studying for the Procedure Rule 1.06(G)) MPRE in law school, some attorneys never review the Disability—Refers to any physical, mental or disciplinary rules of professional conduct during their emotional condition that results in the attorney’s careers. Unfortunately, it isn’t until a grievance is filed inability to practice law, provide client services or against them that they pick up the rules for review. otherwise carry out his/her responsibilities to his/her Attorneys often have the “It will never happen to client, regardless of whether a substantive rule me” attitude and therefore, fail to familiarize violation has occurred. (Texas Rules of Disciplinary themselves with the rules and process. As you will Procedure Rule 1.06(I)) see, often, grievances are filed because clients are Disciplinary Proceeding—Refers to the angry, frustrated, and/or confused. A great majority of processing of a grievance, the investigation and grievances could have been avoided if the attorney had processing of an inquiry or complaint, the presentation simply discussed the matter with the client. When of a complaint before a summary disposition panel, and grievances are filed, most attorneys perceive and the proceeding before an evidentiary panel. (Texas believe that the grievance is without merit. However, Rules of Disciplinary Procedure Rule 1.06(L)) such perceptions and beliefs do not absolve the Evidentiary Hearing—Refers to the adjudicatory attorney of his/her responsibilities in responding to the proceeding before a grievance committee evidentiary grievance and cooperating with the investigation. panel. The evidentiary panel cannot include any panel It is important to note that this paper is neither members who participated in the summary disposition exhaustive nor complete. It merely introduces the panel in the same matter. (Texas Rules of Disciplinary attorney to the grievance process, provides definitions Procedure Rule 1.06(N)) of key terms, outlines in generalities how a grievance Evidentiary Panel—Refers to a panel of the local reaches the evidentiary process, describes the role of grievance committee that is responsible to hear the the local grievance committees, and discusses some of grievance and perform adjudicatory functions,