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James v. Commission for Lawyer Discipline

After the court has found a lawyer to have engaged in misconduct, the determination of the appropriate sanction is left to the court's discretion. Nothing in the rules or case law cited by appellant to suggest that a court's ability to impose the sanction of restitution should depend on whether the commission explicitly asked for restitution in its pleadings. Accordingly, the district court did not abuse its discretion by denying appellant's special exceptions to the commission's pleadings. Part one of appellant's first issue is overruled. Dallas Court of Appeals, No. 05-05-01585-CV, 04-05-2010

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AFFIRMED

OPINION

Before Justices O’Neill, Lang, and Myers.

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