How do I file a grievance against an assistant district attorney for defamation of character?
Full Question:
Answer:
Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are subcategories of defamation. In order to prove defamation, the plaintiff must prove:
>1.; that a statement was made about the plaintiffs reputation, honesty or integrity that is not true;
2.; publication to a third party (i.e., another person hears or reads the statement); and
3.; the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander.; The best example is statements made in a court of law.; An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned.
You might consider filing a grievance with the Texas Bar Association. To maintain the ethical standards of the legal profession in Texas, the grievance system is designed to protect the public from unethical lawyers. Lawyers are held accountable to a set of rules called the Texas Disciplinary Rules of Professional Conduct. Lawyers who violate those rules are prosecuted under a set of rules called the Texas Rules of Disciplinary Procedure. Much like the criminal system, you, as the aggrieved, are not a party to the disciplinary action. The system protects all members of the public, and you should report attorney misconduct in order to keep that attorney from harming others.
Allegations of misconduct by an attorney are very serious, and are reviewed carefully by the Office of the Chief Disciplinary Counsel. If you believe that an attorney has violated the Texas Disciplinary Rules of Professional Conduct, you may report this information to the State Bar in the form of a grievance. Not every disagreement with an attorney involves professional misconduct. Some examples of Texas Disciplinary Rules of Professional Conduct violations are:
Conviction of a serious crime or other criminal act;
Engaging in fraud, deceit or misrepresentation;
Obstructing justice;
Influencing improperly a government agency or official;
;Engaging in barratry; and
Practicing law when the lawyer is on inactive status or has been;suspended.
Many times these problems can best be handled outside of the attorney grievance system. In deciding whether to file a grievance, please be mindful of what the grievance system is unable to do for you.; The State Bar's Grievance Information helpline (1-800-932-1900) can assist you in;determining whether to report the conduct of the lawyers and whether other resources might be beneficial.
The State Bar of Texas' attorney grievance system was designed to sanction attorneys for professional misconduct. The grievance system also cannot:
Award damages;
Force an attorney to proceed with a case
Provide you with another attorney
Provide legal advice
Solve a fee dispute
Alter the decision made in a civil or criminal matter; or
Substitute for civil or criminal remedies.
These concerns must be handled in another forum, separate from the State Bar's attorney grievance system.
