1 ORDER OF THE SUPREME COURT OF TEXAS Misc Docket No L0 Appointment of a District Judge to Preside in a State Bar Disciplinary Action The Supreme Court of Texas hereby appoints the Honorable William R. Porter, Judge of the 276th District Court of Morris County, Texas, to preside in the Disciplinary Action styled: The Commission for Lawyer Discipline v. Joe W. Weiss to be filed in a District Court of Bexar County, Texas. The Clerk of the Supreme Court shall promptly forward to the District Clerk of Bexar County, Texas, a copy of this Order and of the Discipliriary Petition for filing and service pursuant to Rule 3.03, Texas Rules of Disciplinary Procedure. As ordered by the Supreme Court of Texas, in chambers, with the Seal thereof affixed at the City of Austin, this 21st day of December, s ME COURT OF TEXAS
2 i This assignment, made by Misc. Docket No , is also an assignment by the Chief Justice of the Supreme Court pursuant to Texas Government Code Signed this ')- day of December, 1994.
3 NO. COMMISSION FOR LAWYER DISCIPLINE IN THE DISTRICT COURT OF V. BEXAR COUNTY, TEXAS JOE W. WEISS JUDICIAL DISTRICT DISCIPLINARY PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Petitioner, the Commission for Lawyer Discipline, a committee of the State Bar of Texas (hereinafter called "Petitioner"), complaining of Respondent, Joe W. Weiss, (hereinafter called "Respondent"), showing the Court: I. Petitioner brings this disciplinary action pursuant to the State Bar Act, Tex. Gov't. Code Ann , et sea. (Vernon 1988), the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure. The complaint which forms the basis of the Disciplinary Petition was filed on or after May 1, H. Respondent is an attorney licensed to practice law in Texas and a member of the State Bar of Texas. Respondent has his principal place of business in Bexar County, Texas. An officer may serve citation on Respondent at his business address located at 5822 Northwest Expressway (IH 10), San Antonio, Bexar County, Texas Joe W. Weiss - Disciplinary Petition Page i
4 III. On or about March 29, 1993, Respondent's law firm was retained by Roberto Del Castillo (hereinafter called "Del Castillo") and his wife, Carmen, to represent Del Castillo and their minor son regarding personal injuries Del Castillo and the son received as a result of an automobile accident. A contract attorney in Respondent's office, Curt Swyers (hereinafter called "Swyers") was assigned to represent Del Castillo and the son regarding their personal injuries. In addition, Carmen Del Castillo (hereinafter called "Carmen") had retained Respondent's law firm on or about February 9, 1993, to represent her regarding personal injuries she received as the result of an unrelated automobile accident. Swyers was also assigned to represent Carmen in her case. IV. Shortly after retaining Respondent's law firm, Del Castillo became dissatisfied with the service provided by Swyers and other members of Respondent's staff. On or about May 5, 1993, Del Castillo and Carmen informed Respondent that they terminated his services on all cases. V. Upon termination, Del Castillo and Carmen demanded the return of their respective case files from Respondent. On or about May 6, 1993, Del Castillo appeared in Respondent's office to pick up the case files. At that time, Respondent agreed that he would return the files on the following day, May 7, 1993, along with a detailed invoice of work performed by Respondent's office on the various Del Castillo cases. The next day, Del Castillo returned to Respondent's Joe W. Weiss - Discialinarv Petition Page 2
5 office to pick up the files, only to be told that the files would be mailed to him and that he would receive them on or about May 10, VI. When Del Castillo did not receive the files in the mail on May 10, 1993, he returned to Respondent's office where he was told that he could not receive the files unless he signed a release for them. Upon doing this, Del Castillo was given an envelope purported to contain the contents of his and Carmen's files. Upon returning home, however, Del Castillo determined that the files were incomplete. VII. Initially, Del Castillo executed a contingent fee retainer agreement with Respondent, which included a rate of One Hundred Fifty and 00/100 ($150.00) Dollars per hour for representation on Del Castillo's personal injury protection (hereinafter called "PIP") claim. Respondent, however, did not keep any time records for the amount of work performed on behalf of Del Castillo's PIP claim, and therefore could not substantiate any legal fees charged to Del Castillo. VIII. On or about May 10, 1993, Respondent furnished Del Castillo's PIP provider, Trinity Universal Insurance Company, with completed and signed information forms for the payment of the PIP benefits. Respondent signed Del Castillo's name to this form without having Del Castillo's permission or authority. to sign the forms on his behalf. Nor did Respondent have Del Castillo's power of attorney Further, Respondent signed the forms after he had been discharged from representation by Del Castillo. Joe W. Weiss - Disciplinary Petition Page 3
6 IX. Upon discharge, Respondent advised Del Castillo that he was maintaining an interest, pursuant to a lien, in any future settlement received in the case. Respondent threatened to pursue criminal prosecution when Del Castillo raised objection to Respondent's lien. X. Respondent made these threats of criminal prosecution in a telephone conversation with Del Castillo which took place on or about May 24, In his appearance before the District lob Grievance Committee's Investigatory Hearings in this matter, Respondent denied ever making any such threats against Del Castillo, and testified that Del Castillo was, in fact, the one who had made such threats to Respondent. A cassette recording made of the conversation confirmed that Respondent had indeed made the treats against Del Castillo. Thereafter, Respondent testified to the Grievance Committee that he did not recall the taped conversation. XI. Del Castillo originally sought Respondent's legal services in response to television advertisements Respondent aired on local television stations during the months of January, February, and March, The television advertisements were produced by an out-of-state company, and featured the testimonials of persons claiming to be Respondent's clients. In fact, these persons were not Respondent's clients, but were actors presenting a totally fictitious, scripted scenario. The television advertisements gave Del Castillo an unjustified expectation about results the Respondent could achieve. Further, they contained material misrepresentations of fact and omitted facts necessary to make the advertisements considered as a whole not materially misleading. Joe W. Weiss - Disciplinary Petition Page 4
7 XII. The television advertisements alleged that Respondent specialized in auto accident cases. In fact, Respondent is not board certified by the Texas Board of Legal Specialization in auto accident cases, or in any other area. XIII. Such acts and/or omissions on the part of Respondent as are described in Paragraphs III., IV., V., VI. VII., VIII. IX., X., XI., and XII. hereinabove which occurred on or after January 1, 1990, constitute conduct violative of Rules 1.04(a), 1.15(d), 3.03(a)(1), 7.01(a)(1), 7.01(a)(2), 7.01(b), 8.01(a), and/or 8.04(a)(3) of the Texas Disciplinary Rules of Professional Conduct. XIII. The complaint which forms the basis of the Cause of Action hereinabove set forth was brought to the attention of the Office of General Counsel of the State Bar of Texas by Del Castillo's filing of a complaint on or about July 23, PRAYER WHEREFORE, PREMISES CONSIDERED, Petitioner prays for judgment that Respondent be disciplined as the facts shall warrant; and that Petitioner have such other relief to which entitled, including costs of Court and attorney's fees. Respectfully submitted, James M. McCormack General Counsel Bob L. Warneke, Jr. Assistant General Counsel Joe W. Weiss - Disciplinary Petition Page 5
8 Office of the General Counsel State Bar of Texas P.O. Box Austin, Texas Telephone: (512) Telecopier: (512) &&-& ;t lw--a4"^ ^ BOB L. WARNEKE, JR. State Bar of Texas No ATTORNEYS FOR PETITIONER u: \uscrs\cathcrin\bob\wciss. dp Joe W. Weiss - Disciplinary Petition Page 6
9 CHIEFJUSTICE THOMAS R. PHILLIPS JUSTICES RAUI. A. GONZALEZ JACK HIGHTOWER NATHAN L. HECHT LLOYD DOGGETT JOHN CORNYN BOB GAMMAGE CRAIG ENOCH ROSE SPECTOR THE SUPREME COURT OF TEXAS POST OFFICE BOX A USTIN, TEXAS TEG (512 ) FAX: (512 ) December 22, 1994 CLERK JOHN T. ADAMS EXECUTI\'E :1SST. WIII1AJ1 L WILLIS ADMINISTRATIVE ASS'T. NADINE SCHNEIDER Honorable William R. Porter Judge, 276th District Court P.O. Box 480 Daingerfield, Texas Dear Judge Porter: We enclose for your information a copy of the order of assignment, a copy of the Disciplinary Action, a copy of the notification letter to Mr. Weiss and Mr. McCormack, and a copy of the letter to the District Clerk of Bexar County. It is recommended that, four or five weeks after receipt of this letter, you contact the Bexar County District Court Administrative Office ( ) to reserve a courtroom, provide for a court reporter, etc. Finally, you should contact the Presiding Judge of the Administrative Judicial Region into which you have been assigned ( ) to obtain information on lodging, allowable expenses, and claims forms for your expenses incident to presiding over this disciplinary case. Sincerely, SIGNED John T. Adams Clerk
10 CHIEFJUSTICE THOMAS R. PHILLIPS IUSTICES RAULA GONZALEZ JACK HIGHTOWER NATHAN L. HECHT LLOYD DOGGETT JOHN CORNYN BOB GA.%LMAGE CRAIG ENOCH ROSE SPECTOR THE SUPREME COURT OF TEXAS POST OFFICE BOX AUSTIN. TEXAS TEL: (512) FAX: (512) December 22, 1994 CLERK IOHN T. ADAMS EXECUI-NE ASS I'. WIILIAM L WILLIS ADMINISTRATIVE ASST. NADINE SCHNEIDER The Honorable David J. Garcia District Clerk of Bexar County Bexar County Courthouse San Antonio, Texas Dear Mr. Garcia: Pursuant to Rule 3.03 of the Texas Rules of Disciplinary Procedure, I am sending for filing State Bar of Texas Disciplinary Action styled: The Commission for Lawyer Discipline v. Joe W. Weiss and a copy of the Supreme Court's order appointing the Honorable William R. Porter, Judge of the 276th District Court, Daingerfield, Texas, to preside in this Disciplinary Action. Sincerely, SIGNED John T. Adams Clerk cc: Hon. William R. Porter Mr. Joe W. Weiss Mr. James M. McCormack
11 CHIEFIUSTICE THOMAS R. PHILLIPS JUSTICES RAUL A. GONZALEZ JACK HIGHTOWER NATHAN L. HECHT LLOYD DOGGETT JOHN CORNYN BOB GAMMAGE CRAIG ENOCH ROSE SPECTOR THE SUPREME COURT OF TEXAS POST OFFICE BOX AUSTIN. TEXAS TEL: (512 ) FAX:(5l2) December 22, 1994 CLERK JOHN T. ADA.1S EXECUTIVE ASST. WIILIAM L WILLIS.ADMINISTRATIVE ASST. NADINE SCHNEIDER Mr. James M. McCormack General Counsel, State Bar of Texas P.O. Box Austin, Texas Mr. Joe W. Weiss 5822 Northwest Expressway (IH 10) San Antonio, Texas Dear Mr. McCormack and Mr. Weiss: Pursuant to Rule 3.02 of the Texas Rules of Disciplinary Procedure, I hereby notify you that the Supreme Court of Texas has appointed the Honorable William R. Porter, Judge of the 276th District Court, Daingerfield, Texas to preside in Commission for Lawyer Discipline v. Joe W. Weiss Sincerely, SIGNED John T. Adams Clerk
ORDER OF THE SUPREME COURT OF TEXAS H050 Mlsc. Docket No, 02 - Appointment of a District Judge to Preside in a State Bar Disciplinary Action The Supreme Court of Texas hereby appoints the Honorable Don
Attorney Grievance Commission of Maryland v. Jude Ambe, Misc. Docket AG No. 6, Sept. Term 2011. ATTORNEY DISCIPLINE A REPRIMAND IS THE APPROPRIATE SANCTION FOR VIOLATIONS OF MRPC 5.5 (UNAUTHORIZED PRACTICE
Page 1 of 8 Not a Legal Professional? Visit our consumer site Register Log-In CASES & CODES PRACTICE MANAGEMENT JOBS & CAREERS LEGAL NEWS BLOGS SERVICE PROVIDERS Search FindLaw Forms Law Technology Lawyer
Supreme Court of the State of New York Appellate Division: Second Judicial Department D42594 G/htr AD3d RANDALL T. ENG, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA PETER B. SKELOS MARK C. DILLON, JJ. 2013-00693
complain.qxp 4/16/2008 10:16 AM Page 7 Complaints Against Lawyers When you hire a lawyer to handle a particular matter, you are a consumer of legal services, and as in any consumer relationship, you and
IN THE SUPREME COURT OF TEXAS MI SC. DOCKET NO. 9 6-9244 IN THE MATTER OF BRUCE MICHAEL FRIEDMAN ORDER On this day, the Court considered the Motion for Acceptance of Resignation as Attorney and Counselor
Peters and Kusick, No.03PDJ010, 12.23.04. Attorney Regulation. Following a trial, the Hearing Board issued public censures as to Respondents William E. Peters and Edward C. Kusick, Jr. Kusick was suspended
HANDLING SETTLEMENTS INVOLVING MINORS Carlos E. Mahoney Glenn, Mills, Fisher & Mahoney, P.A. Durham, North Carolina I. INTRODUCTION Court approval is necessary to finalize a settlement involving a minor.
LEXSEE 742 S.W.2d 34 Ron Brown & Ron Brown Associates, Appellants, v. Unauthorized Practice Of Law Committee, State Bar of Texas, Appellees No. 05-87-00223-CV COURT OF APPEALS OF TEXAS, Fifth District,
ATTORNEYS FOR THE RESPONDENT Karl L. Mulvaney Indianapolis, Indiana Ronald F. Layer Dyer, Indiana ATTORNEYS FOR THE INDIANA SUPREME COURT DISCIPLINARY COMMISSION G. Michael Witte, Executive Secretary Fredrick
CONTINGENT FEE CONTRACT STATE OF TEXAS COUNTY OF BEXAR General Terms & Nature of Case THIS IS AN AGREEMENT between THE GORDON LAW FIRM, P. C., (hereinafter referred to as "the Firm"), whose principal office
PRACTICE GUIDELINES MEMORANDUM TO: FROM: Attorneys Practicing Before Me And Other Interested Persons C. Timothy Corcoran, III United States Bankruptcy Judge DATE: January 3, 2000 1 RE: Sample Bankruptcy
CAUSE NO. 02-01125-J CHARLES DURHAM IN THE 191ST DISTRICT COURT VS. LARVAN PERAILTA DALLAS COUNTY, TEXAS PLAINTIFF S MOTION TO RECOVER EXPENSES OF PROOF TO THE HONORABLE COURT: Comes Now, Charles Durham,
SO ORDERED. SIGNED this 29 day of May, 2012. James D. Walker, Jr. United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION IN RE: ) CHAPTER 7 ) CASE NO. 10-52808-JDW
[J-8-2013] IN THE SUPREME COURT OF PENNSYLVANIA OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. GLORI ALISHA KASNER, Respondent No. 1729 Disciplinary Docket No. 3 No. 51 DB 2011 Attorney Registration No.
AMENDED BY-LAWS OF STEELCASE INC. Amended as of: April 17, 2014 ARTICLE I Offices SECTION 1.01. Offices. The corporation may have offices at such places both within and without the State of Michigan as
ACCIDENT BENEFIT CONTINGENCY FEE RETAINER AGREEMENT This contingency fee retainer agreement is B E T W E E N : Bogoroch & Associates LLP Sun Life Financial Tower 150 King Street West, Suite 1707 Toronto,
Information or instructions: Contingency fee agreement for personal injury cases 1. The following form is a written contingency fee agreement that may be used to employ the attorney to handle the personal
Attorney Grievance Commission v. Earl Americus Smith Misc. Docket AG No. 73, September 2013 Term Attorney Discipline - Neglect of Clients - Mishandling of Attorney Trust Account - Delegation of Attorney
TITLE 810. OKLAHOMA WORKERS= COMPENSATION COMMISSION EMERGENCY RULES as approved by the Commission 1/16/2014 CHAPTER 2 - Practice and Procedure Subchapter 1 - General Provisions Section 810:2-1-1 Purpose
FULTON COUNTY STATE COURT STATE OF GEORGIA JENNIFER GARRISON, vs. Plaintiff, MONTAG REALTY COMPANY, LLC d/b/a VERONA APARTMENTS, THE REALTY FUND III, L.P. and JOHN DOES 1-5, JURY TRIAL DEMANDED CASE NUMBER:
CONSTITUTION AND BY LAWS TABLE OF CONTENTS CONSTITUTION Article I Name 3 Article II Membership 3 Article III Government 6 Article IV Elections 11 Article V Amendments to Constitution 14 Article VI By-Laws
A TENANT S GUIDE TO THE NEW YORK CITY HOUSING COURT The Association of the Bar of the City of New York Housing Court Public Service Projects Committee and The Civil Court of the City of New York Fern A.
S m a l l C l a i m s How to File a Small Claim in the District Court of Maryland This booklet was developed by Eliot M. Wagonheim, Esquire, and the District Court of Maryland. Mr. Wagonheim is the author
United States District Court Western District of Michigan FILING YOUR LAWSUIT IN FEDERAL COURT * This handbook is not for use by prisoners * Prepared by the Office of the Clerk United States District Court
The Uncontested Divorce Process in Texas This guide is intended to help you use the uncontested divorce forms provided by www.texaslawhelp.org Is your divorce contested? -Or- Is your divorce uncontested?