Texans for Lawsuit Reform

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For the Record

A Black and White Issue

Let us give you a scenario:

A lawyer is caught bribing a judge with cash and other gifts in order to secure favorable decisions, such as dismissing criminal charges against the lawyer’s clients. This happened at least 20 times over the course of eight years.

This kickback scheme is eventually exposed. The judge is charged with a federal offense and is awaiting trial, and has been kicked off the bench (although, in a mind-boggling turn of events, is allowed to remain on the ballot in the 2018 elections and wins a seat on the court of appeals).

And the lawyer? You assume he’s been sent to jail, or at least lost his license to practice law.

For one South Texas lawyer, that is not the case.

According to an article in Texas Lawyer, Noe Perez (the attorney in question) was arrested and charged in May 2018 with conspiracy to commit bribery, to which he pleaded guilty. He’s awaiting sentencing for his crime. But in the meantime, he is still practicing law in the very courthouse where he was caught bribing a judge.

This has rubbed some area lawyers the wrong way. From Texas Lawyer:

“‘This is an ongoing source of frustration and anger for attorneys practicing law in the Rio Grande Valley,’ [McAllen attorney Pat] Nitsch wrote in an April 2 letter to State Bar president Joe Longley…

‘I’m insulted by the whole thing; that he’s been cheating the system,’ said McAllen solo practitioner Lennard Whittaker, who last summer organized 26 local lawyers to sign a grievance against Perez. ‘This community does not accept his behavior.’”

So why hasn’t the State Bar moved to rescind Perez’s law license?

The State Bar’s Chief Disciplinary Council’s Office says it cannot act until Perez’s conviction and sentencing are final.

Really?

What about the fact that the State Bar has used an interim suspension procedure in the past to prevent an attorney convicted of a crime from practicing law while waiting for sentencing?

Last session, when we were trying to stop storm-chasing lawyers from ruining the Texas insurance market, we were told the problem could be cured by the State Bar using its power to punish unethical client solicitation. Those storm-chasing lawyers, we were told, should be disciplined by the State Bar for their barratry and frivolous lawsuits. Our response was that the State Bar seldom moves timely and effectively against unethical lawyers and has no record of preventing lawyers from fomenting needless litigation.

The State Bar of Texas needs to do a better job of policing lawyers who break the laws of our state and the ethical rules of their profession. We wholeheartedly agree with Mr. Nitsch:

“It’s frustrating, to say the least, to think there’s an attorney who’s pleaded guilty to bribing a judge, and he’s been allowed to keep practicing law,” Nitsch said. “It’s a black-and-white issue, as far as I’m concerned.”

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Texans for Lawsuit Reform

Texas is less safe, less prepared and less resilient in recovery without commercial vehicles. Stopping abusive lawsuits against them will make or break our ability to handle the next natural disaster our state faces. Read and share the latest TLR blog: bit.ly/301JNQl ... See MoreSee Less

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The pandemic and recent winter storms have highlighted a stark reality: Commercial vehicles are essential for disaster preparedness, response and recovery. Whether they’re carrying life-saving medic...
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Texans for Lawsuit Reform

1 day ago

Texans for Lawsuit Reform

Abusive lawsuits against commercial vehicles are hurting Texas jobs and businesses. Your lawmakers in the Texas Legislature need to hear from you. Ask them to support Senate Bill 17, Senate Bill 207, House Bill 19, and House Bill 1617. Take action: ow.ly/SDaD50DNgSb ... See MoreSee Less

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Write your Texas Lawmakers – Keep Texas Trucking Coalition

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Abusive lawsuits against commercial vehicles are hurting Texas jobs and businesses. Your representatives in the Texas Legislature need to hear from you. Ask them to support Senate Bill 17, Senate Bill...
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TLR has thousands of supporters across Texas who are committed to a fair and balanced civil justice system. Join our team today!

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Texas is less safe, less prepared & less resilient in recovery without commercial vehicles. Stopping abusive lawsuits against them will make or break our ability to handle the next natural disaster Texas faces. Read & RT the latest TLR blog: #tortreform

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The pandemic and recent winter storms have highlighted a stark reality: Commercial vehicles are essential for disaster preparedness, response and reco...

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Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
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