HOUSTON — The First Court of Appeals has affirmed a judgment of disbarment in an attorney disciplinary case.
The challenge was brought by Diogu Kalu Diogu II.
Court records show that on Jan. 8, 2021, the Commission for Lawyer Discipline filed its first amended original disciplinary petition alleging that Diogu committed professional misconduct by violating several provisions of the Texas Disciplinary Rules of Professional Conduct in connection with two separate civil matters.
In the first matter, the Commission found that Diogu had misrepresented himself in a case where the defendants sought to dismiss his claims and also sought sanctions against him.
In the second matter, the Commission alleged that Diogu accepted a case on a contingent fee basis but failed to obtain a signed, contingent fee agreement from his client. After a two-year hiatus from the case, Diogu learned of an imminent settlement in the lawsuit.
The Commission asserted that Diogu drafted a contingent fee agreement, which he filed in federal district court, misrepresenting that both he and his client had signed the contingency fee agreement.
Court records show that on Jan. 30, 2024, the judge presiding over Diogu’s disciplinary case conducted a jury trial at which he did not appear. At the conclusion of the trial, the jury found that Diogu had committed professional misconduct.
The judge signed a judgment of disbarment that same day.
On appeal, Diogu argued that he did not violate the Texas TDRPC; the trial court erred by conducting a jury trial before his motion for recusal was ruled on; the trial court lacked jurisdiction to adjudicate his disciplinary case; his TDRPC violations, even if true, did not warrant disbarment; and the trial court erred by allowing his motion for new trial to be overruled by law.
The First court overruled Diogu’s challenges.
Appeals case No. 01-24-00303-CV
