On Friday, July 12, 2024, Attorney Derek H. Davis filed a response to a petition for compulsory discipline filed against him by the Commission for Lawyer Discipline of Texas.
The case is entitled “In the Matter of Derek H. Davis,” with case no. 69472.
The petition stemmed from Davis’ January 2024 guilty plea to theft of property valued between $2,500-$30,000, for which he received two years of deferred adjudication community supervision. As a result of the conviction, which constitutes an intentional crime, the Commission filed a petition seeking to disbar Davis from the practice of law.
In his written response, Davis argued that disbarment was too severe a punishment and requested only a two-year suspension of his law license. He claimed he pleaded guilty based on his attorney’s advice that a conviction at trial before a jury would likely result in permanent disbarment. Davis maintained he did not actually commit the theft as alleged and would not have pleaded guilty if he knew disbarment was mandatory.
The petition filed by the Commission outlined the criminal proceedings against Davis, including the June 2022 indictment alleging Davis stole $3,600 in cash from Agnes Pieloch in February 2020. It stated Davis pleaded guilty in January 2024 and was placed on deferred adjudication for two years, in addition to being ordered to pay $3,600 in restitution and $290 in court costs.
As exhibits to his response, Davis provided a self-report letter he sent in January 2024 informing the State Bar of the criminal charge, along with his resume, an affidavit he prepared for prosecutors explaining the facts of the case, and an acknowledgment of the upcoming hearing before the Board. Davis asked the Board to impose only a two-year suspension rather than compulsory disbarment.
The Board will consider Davis’ response and arguments. A decision on whether Davis will face compulsory disbarment or a lesser suspension of his law license is expected to be issued by the Board in the coming weeks. The outcome could have significant consequences for Davis’ ability to practice law in the future.
According to texasbar.com, Mr. Davis attended the Baylor University, graduating in 1973. He acquired his law license in Texas in the same year.
A copy of the original filing can be found here.
