2. Protecting the Public 2007 – 08 Snapshot 1

4. Grievances Filed Compared With Attorney Growth Under Current Rules 3 7,780 7,494 6,954 7,308 Grievances 77,056 77,934 80,094 81,601 Lawyers 2004 -05 2005 - 06 2006 - 07 2007 - 08 Year

6. State Bar of Texas Attorney Disciplinary System Dismissed – “Inquiry” BODA (Complainant Appeals) Investigatory Hearing Texas Supreme Court Evidentiary Hearing District Court Board of Disciplinary Appeals Court of Appeals BODA (Respondent Appeals) Dismissed “No just cause” Grievance –“Complaint” Classification “ Just Cause” Accept. Reject or Negotiate Grievance 5 Pre-HB 599 procedure

7. State Bar of Texas Attorney Disciplinary System Grievance Dismissed – “Inquiry” BODA (Complainant Appeals) Referred to voluntary mediation BODA (Respondent Appeals) Grievance –“Complaint” Investigatory Hearing Dismissed no ‘just cause’ Dismissed – Mandatory Referral to voluntary mediation Evidentiary Hearing District Court Board of Disciplinary Appeals Court of Appeals Summary disposition Panel Hearing** Notice Letter * Respondent may or may not have an opportunity to discuss the case with the OCDC ** Respondent & complainant NOT present OCDC Investigation* OCDC finds no just cause OCDC finds Just cause Texas Supreme Court New procedure 6

12. Tribunals – 2% 3.01: Meritorious Claims and Contentions 3.02: Minimizing the Burdens and Delays of Litigation 3.03: Candor Towards the Tribunal 3.04: Fairness in Adjudicatory Proceedings 3.05: Maintaining Impartiality of Tribunal 3.06: Maintaining Integrity of Judicial System 11

13. Non-Client Relationships – 3% 4.01: Truthfulness in Statements to Others 4.02: Communication with One Represented by Counsel 4.03: Dealing with Unrepresentative Person 4.04: Respect for Rights of Third Persons 12

14. Conflicts – 3% 1.06: Conflict of Interest: General Rule 1.07: Conflict of Interest: Intermediary 1.08: Conflict of Interest: Prohibited Transaction 1.09: Conflict of Interest: Former Client 13

16. “ It’s from my attorney.” 15

18. Integrity – 9% 8.01: Bar Admission, Reinstatement, and Disciplinary Matters 8.02: Judicial and Legal Officers 8.03: Reporting Professional Misconduct 8.04: Misconduct 8.05: Jurisdiction 17

19. Safe keeping Property – 11% 1.14 Trust Accounts 18

20. Declining or Terminating Representation – 11% 1.15(d): Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned. 19

21. Neglect – 46% 1.01: Competent and Diligent Representation (b) In representing a client , a lawyer shall not: (1) Neglect a legal matter entrusted to the lawyer; or (2) Frequently fail to carry out completely the obligations that the lawyer owes to a client or clients. (c) As used in this Rule “neglect” signifies inattentiveness involving a conscious disregard for the responsibilities owed to a client or clients. 20

24. “ If you want my advice, any man who represents himself, or engages me to represent him, has a fool for a lawyer.” 23