On The Record . . .
Official Newsletter of BERTOLINO LLP

September 2025

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Our Firm


Tony R. Bertolino, Esq.

Managing Partner


Sheri L. Middlemas

Chief Operating Officer


Troy Beaulieu, Esq.

Director of Legal Services


LaJuana Acklin, Esq.

Senior Associate Attorney


Kerry Bloodsaw, Esq.

Associate Attorney Amy Cadwell, Esq.

Associate Attorney



London de la Teja

Accounts Receivable Manager


Melissa Hooper

Legal Support Manager


Edith Colin Huerta

Paralegal [Certificated]



Cimone Murphree

Public Education and Awareness Manager


Jasen Dalus

Client Success Manager


Donald Collora

Client Success Liaison


Dena Lackey

Marketing Specialist

The State Bar of Texas

Defending Your Law License

FAQs

By Tony Bertolino, Esq.

The State Bar of Texas

licenses, monitors, and

regulates licensed

attorneys for

compliance

with the rules and

regulations that apply to their profession. No matter your situation, a law license defense attorney can help. Our goal is to represent your interests in your proceedings before the State Bar and achieve the most positive outcome possible in your case. Here are some Frequently Asked Questions (FAQ) about law license disciplinary actions before the State Bar of Texas.


  1. What is the State Bar of Texas?
  2. Why would I receive a grievance from the State Bar of Texas?
  3. What are some reasons for a third party filing a grievance against me?
  4. Do I need to get a lawyer if I receive a grievance?
  5. What happens after receiving a grievance notice from the State Bar of Texas?
  6. Do I get to have a hearing in my disciplinary case?
  7. What are the possible consequences of a disciplinary action before the State Bar of Texas?
  8. Can I resolve my disciplinary case by agreement?
  9. What happens if I don’t respond to my grievance?

 

1. What is the State Bar of Texas?


The State Bar of Texas is a public corporation that operates as an administrative agency of the judicial branch of state government. One of its missions is to “foster high standards of ethical conduct for lawyers.” Therefore, the State Bar licenses and regulates lawyers to ensure they comply with all applicable laws and rules.


2. Why would I receive a grievance from the

State Bar of Texas?


A third party may file a grievance about you to the State Bar of Texas if they allege that you have violated a law or rule governing attorneys. The Chief Disciplinary Counsel of the State Bar classifies each grievance as an inquiry, which is dismissed, a complaint, which is forwarded to a licensee, or a discretionary referral, which can later be dismissed as an injury or proceed as a complaint.


3. What are some reasons for a third party

filing a grievance against me?


You may receive a grievance if a third party thinks you have violated the Texas Disciplinary Rules of Professional Conduct. Some examples of conduct that might violate those rules are committing a criminal felony offense, failing to appear in court as scheduled, repeatedly failing to respond to clients, mishandling client funds, or having a substance abuse problem that substantially affects your ability to practice.


4. Do I need to get a lawyer if I receive a

grievance?


Your initial response to a grievance can be critical to the outcome of your case, so consulting with a lawyer as soon as you receive a grievance is important. By engaging the services of a lawyer, you can get the advice you need to handle your case properly.


5. What happens after receiving a grievance notice from the State Bar of Texas?


After receiving notice of a grievance from the

State Bar, you have 30 days to respond in

writing. Alternatively, you can appeal the

determination of the Chief Disciplinary

Counsel to treat the grievance as a complaint

to the Board of Disciplinary Appeals within 30

days. The grievance is dismissed if the Board

of Disciplinary Appeals reverses the

determination. However, if the Board of

Disciplinary Appeals upholds the

determination, you must respond to the

grievance.


Next, the appropriate committee will appoint an evidentiary panel to hear the complaint. The Chief Disciplinary Counsel will then file a formal evidentiary petition on behalf of the State Bar.


6. Do I get to have a hearing in my

disciplinary case?


After the parties conduct limited discovery, the parties will present evidence to the evidentiary panel at a hearing, which must occur within 180 days of the date of your answer. The evidentiary panel must issue a judgment within 30 days of the conclusion of the hearing.


7. What are the possible consequences of a

disciplinary action before the State Bar of

Texas?


The State Bar of Texas can impose the

following sanctions if it finds that an attorney has committed professional misconduct:


  • Disbarment;
  • Resignation instead of discipline;
  • Indefinite Disability suspension;
  • Suspension for a term certain;
  • Probation of suspension, which probation may be concurrent with the period of suspension, upon such reasonable terms as are appropriate under the circumstances;
  • Interim suspension;
  • Public reprimand; or
  • Private reprimand


Additionally, the State Bar can order an

attorney to pay restitution and all reasonable

attorney’s fees and costs related to the

disciplinary proceedings.


8. Can I resolve my disciplinary case by

agreement?


In some cases, you can resolve your

disciplinary case by agreement through

alternative dispute resolution (ADR) or

through negotiations directly with the State

Bar’s investigatory panel.


9. What happens if I don’t respond to my

grievance?


Failing to respond to a grievance from the State Bar of Texas within 30 days (or appeal the determination) will result in default. As a result, the State Bar will take all facts alleged in the grievance as true. An evidentiary panel will enter an order of default, find that you have committed professional misconduct, and conduct a hearing to determine what

sanctions to impose against you.


Contact Your Texas Law License Defense

Lawyers Today Our experienced law license defense attorneys at Bertolino LLP know the ins and outs of disciplinary proceedings before the State Bar of Texas. We will advocate for you to be in the best position to maintain and safeguard your license, as well as secure your professional future. Call us at (512) 476-5757or contact us online.

Limited Series: "Sheri-isms" in Action

Standards in Action: Want to Motivate Your Team?

Know Their Currency

by Sheri Middlemas

"Every leader has a secret weapon. Mine?

I call it knowing their currency".

- Sheri Middlemas


In the legal world, our work is high-stakes and high-pressure. Deadlines are immovable, the details matter, and the clients we serve depend on our best work – every single time. But the truth is, even the most talented teams need motivation that goes beyond job descriptions and paychecks. 

 

That’s where understanding someone’s “currency” comes in. 

 

Currency is what truly motivates a person – what makes them want to go the extra mile. For some, it’s public recognition. For others, it’s professional growth opportunities. And for one law clerk I once worked with, it was … a morning cinnamon bun from the vending machine. 

 

Here’s how it worked. 

 

Every morning, “Vinnie” would walk by my office to drop his backpack at his desk and pass my office again within a few minutes as he headed straight for the break room.  I knew “Vinnie” loved that cinnamon bun. So, whenever I had a project that I needed prioritized, I’d put my request on his desk – away from the pile of other assignments – and I would place that warm, spiral-shaped bribe (let’s call it an incentive) right on top. I’d add a quick handwritten note: Thanks in advance, looking forward to seeing your magic on this. 

 

The result? My projects were always completed by midday. No chasing, no reminders, no stress. And he didn’t just deliver quickly, he delivered well. 

 

Why does this matter for leaders, and for every member of a law firm team? 

 

  • It builds trust. When you recognize and honor someone’s motivators, they feel seen and valued. 

 

  • It increases productivity. People work harder and faster when they feel appreciated in ways that matter to them. 

 

  • It strengthens culture. When leaders practice this, it creates a ripple effect, team members start recognizing and respecting each other’s “currency” too. 

 

In our field, the stakes are too high for leaders to assume that one-size-fits-all motivation works. Understanding your team’s currency doesn’t require a budget line item – it requires observation, listening, and a genuine desire to see each person thrive. 

 

So, here’s your challenge for the week: Look around your team. Figure out their currencies – big or small – and see how you can spend them wisely. Because when you pay people in the currency they value most, you’ll find the return on investment is unbeatable. 

 

As for “Vinnie”? That cinnamon-bun-loving law clerk is probably running a courtroom as a star attorney, sitting on the bench as a great judge, or maybe he is calling the shots in a corner office as a CEO. Wherever he is, I like to think those vending machine pastries helped fuel more than just his mornings, they fueled his momentum. 

 

Know their currency. Spend it well. Watch them soar. 

Hallmark Achievements

Texas Board of Nursing v. FD


Facts: Our client, FD hired us to assist in obtaining his

Texas nursing license. Our client passed  but his

eligibility exam after four year period established by the

Board, and as a result the Board denied his nursing

license.  


Outcome:  The firm analyzed the relevant documentation, enabling Statute

and Board rules. The Statute and Board rules did not inhibit the Board’s

discretion to issue a license due to Board error. After presenting the client’s

position based on the facts and law, the Board granted a license to our

client.   Client can now pursue his career passion in nursing.

Texas Behavioral Health Executive Council v. JS


Facts: JS engaged our firm to defend her career and reputation against unlicensed practice of counseling allegations. Our client faced revocation of her credentials and damage to her highly regarded reputation in the community.


Outcome: The firm evaluated the available evidence and submitted a robust response addressing both the facts and applicable law. We demonstrated that the Council did not have a valid basis for pursuing disciplinary action against our client. Upon conclusion of the investigation, the Council dismissed the complaint. JS’s credentials and reputation remain intact and she can continue to serve her community.

Texas Education Agency/State Board of Educator Certification v. SF


Facts:  SF engaged our firm to defend her 28-year career against allegations of neglect and abuse of a child.  Our

client faced revocation of her credentials, limited

employability and damage to her highly regarded

reputation as an educator.  


Outcome:  The firm evaluated the available evidence and submitted a robust

response addressing both the facts and applicable law.  We demonstrated that

the allegations were baseless. Upon conclusion of the investigation, the

Agency dismissed the complaint and  immediately removed the inquiry notice from the State Board of Educator Certification’s website. Our client was able

to return to the classroom and the career that she loves.

Lawyers, Key Issues That Can Keep You Out of Trouble  by Troy Beaulieu, Esq.

Texas attorneys face busy lives with constantly moving deadlines, new laws and urgent matters impacting their clients’ businesses, lives, families, health and careers. Amidst this backdrop of important work, it is easy to become overwhelmed. It’s important not to lose sight of the key issues that can keep you out of trouble, avoid angering clients and reduce your risk of receiving a state bar grievance or a malpractice suit. Pausing to address a grievance or litigate a malpractice claim takes precious time, resources and energy away from your busy law practice. Stay mindful of these important items in your law practice to reduce the risk of grievance or lawsuit from an unhappy client: 

 

Keep Clients Happy – Happy clients who are pleased with your work, thankful for your attention and understand what is going on with their legal matter are much less likely to file a bar grievance against you. Maintaining a good rapport with clients helps reduce the risks of a bar grievance or a civil suit involving malpractice allegations. 

 

Communicate – Keep your client well-informed about what’s going on in their case. A client who receives communication and understands where there legal matter stands is less likely to become upset, frustrated or concerned about their matter. Even a message letting a client know you haven’t forgotten about them can go a long way if the legal task has not yet been completed or has had delays. 

 

Remain Diligent and Be Mindful of Deadlines – Staying focused on client tasks and completing them timely can be difficult with lots going on, but is essential to avoiding misconduct allegations. Utilize an effective case management system or process that includes a calendaring function with remainders, so you are not caught by surprise with imminent or missed deadlines. Conducting a regular audit of all your clients and their legal matters also helps you look ahead and plan. 

 

Records Management Keeping good records to document the facts and events in a legal matter is critical to protect against a grievance or malpractice claim. Utilize written and signed fee agreements, document client communications and meetings, and save e-mails, text or portal messages in case they are needed later. Responding to a grievance or a malpractice claim is never fun, but having the records to show what took place is invaluable when your professional reputation and bar license are under attack. 

 

Supervise Your Support Staff – Utilizing paraprofessional and support staff in today’s legal world is essential to a well-functioning and successful law practice. However, you are ultimately responsible for what occurs in your practice. The disciplinary rules of professional conduct require attorneys to supervise their support staff and ensure that legal tasks are completed timely and appropriately. Having periodic check-ins for your staff and a process for evaluating paraprofessional work before it leaves the law firm is critical to reduce your risk profile. Remember that it is your name on the pleading, motion, contract, opinion letter or other legal work product. 

 

Written Processes / Procedures Develop written processes that detail your firm’s standard operating procedures and expectations and provides direction to employees about how to handle common situations. Not only does this provide clarity and direction to office staff, but it can be an important piece of evidence to demonstrate your due diligence when addressing a grievance or malpractice claim. 

 

Leverage Technology to Reduce Risk Utilize technology effectively so client communications are documented and available for posterity if accusations are later raised in a grievance or malpractice lawsuit. Recording client teleconferences or virtual meetings can also be an invaluable piece of evidence when facing accusations of misconduct. Automate components of your law practice management and leverage developments in AI to help with client communication, calendaring and diligence obligations. Today’s law offices have so many creative and efficiency-generating tech tools that can help take your practice to the next level and reduce your risk profile. 

 

In summary, attorneys lead busy lives with heavy caseloads and commitments. It is easy to lose sight of critical issues due to busy calendars, and client needs. While risk cannot be eliminated completely, it can be mitigated with deliberate effort. Utilize these 7 key items to reduce your risk of a bar grievance or a malpractice lawsuit, keep you clients happy and stay out of trouble 

Engage with your regulatory agency like never before! Navigating the laws that govern your license and profession can be challenging. That’s why we’ve created Know Your Regulator, an educational resource designed to help license holders take charge of their careers. Stay informed with important agency updates, gain valuable insights, and discover opportunities to enhance your professional license by following and subscribing to our podcast and Youtube channel.


Behind every psychologist’s dedication to clients lies a professional risk that many underestimate until it’s too late: board oversight. As licensed psychologist and practicing attorney Dr. Brian Russell explains in this powerful episode, the difference between protecting your license and losing it often comes down to having the right legal support at the right moment.


Episode 50: When Psychologists Face the Board: Legal Support That Matters


Click here or the video below to view.

Empower your license and career, and stay ahead in your industry. Take advantage of our free educational resources by visiting Know Your Regulator today!

Learn how you can proactively protect your license by engaging with your regulator and staying informed about regulatory developments in your industry.


With Bertolino LLP's insights regulatory insight, suggestions, and information, we can help you minimize your compliance risk profile and stay ahead of your competition by engaging with your regulator.

Special Notice:

Bertolino LLP office is closed

September 26, 2025 for Our Annual SOFA Event.

Recognition Days:

August 2025 Calendar


Team Bertolino is grateful for the

expertise and dedication of these

professionals. Thank you for your

outstanding contributions to your

respective industries.


September Professional Days


09.08: National Pediatric Hematology/Oncology Nurses Day


09.09: Emergency Services Day

                                

09.12: National Police Woman Day

                               

09.15: World Engineers Day

 

09.18: U.S. Air Force Day

                               

09.19 National Tradesman Day

Side Bar ...

Welcome Amy Cadwell: A Powerful Advocate Joins the team!


Bertolino LLP continues to grow as one of Texas’s leading administrative law firms, and we’re excited to welcome Amy Cadwell!


Amy brings an impressive range of experience and strengths, including:


  • Complex Litigation
  • Case Management & Strategy
  • Negotiations
  • Legal Research & Writing
  • Motion Practice
  • Client Advocacy


A 2007 graduate of the University of Houston Law Center, Amy earned her B.B.A. from LeTourneau University and was published in the Houston Journal of Health Law and Policy during her second year of law school.


Over the past decade, Amy served as a criminal prosecutor in Nacogdoches and Navarro Counties before joining the Texas Attorney General’s Office in its specialized criminal prosecution unit. She has tried more than fifty jury cases with an impressive 85% success rate. Her diverse background also includes work as a contract attorney, where she sharpened her skills in discovery, motion practice, workers’ compensation, and insurance defense.


Outside of work, Amy enjoys playing guitar, spending time with her nieces and nephew, and being entertained by her cats, Ducky Rose and Scout Lee.


We’re thrilled to have Amy on board and confident she’ll make an immediate impact for our clients and our team.

BERTOLINO LLP | (512) 476-5757 | 823 Congress Avenue, Suite 300, Austin, TX 78701 www.bertolinolaw.com | info@bertolinolaw.com