Mustafa Engin Derkunt v. Comm'n for Lawyer Disc

On November 7, 2011 the Board of Disciplinary Appeals partially affirmed and partially reversed the judgment of disbarment of Austin attorney Mustafa Engin Derkunt, 58, State Bar of Texas Card No. 00785818 signed by the District 09-2 Evidentiary Panel of the State Bar of Texas.

On August 6, 2010, the Board of Disciplinary Appeals affirmed in part and reversed in part the judgment of active suspension, signed by the Evidentiary Panel for the State Bar of Texas District 09-2 grievance committee in Case No. A0050811711 on November 26, 2009. The Board reversed that part of the judgment that concluded that Derkunt violated TDRP 7.03(d) and reversed the three years active suspension sanction along with the award of attorney’s fees and direct expenses to the State Bar of Texas. The Board affirmed the conclusions of law that Derkunt violated TDRPC 1.01(b)(1), 3.01, 5.04(a), 7.03(e) and 8.04(a)(1). The matter was remanded to the District 09 grievance committee for a new hearing on the sanctions.

On March 17, 2011, the same evidentiary panel, after a new sanctions hearing, disbarred Mr. Dekunt from the practice of law.  Derkunt appealed the judgment of disbarment. Finding that the record and the Judgment of Disbarment do not support disbarment, the Board reversed the disbarment and payment of fees ans costs and suspended Derkunt from the practice of law from November 19, 2009 and ending August 5, 2010 and from March 22, 2011 and ending November 7, 2011. The Board affirmed again the conclusions of law that Derkunt violated TDRPC 1.01(b)(1), 3.01, 5.04(a), 7.03(e) and 8.04(a)(1).

On November 22, 2011, Derkunt appealed this matter to the Supreme Court of Texas; case no. 11-0941. On August 31, 2012 the Supreme Court of Texas affirmed the judgment of the Board of Disciplinary Appeals.

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Type of Matter: 
Evidentiary Appeal
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BODA Decision: 
Affirmed in part and rendered in part
Appealed to the Supreme Court: 
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Supreme Court Decision Date: 
Aug 31 2012
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