David L. Lillehaug Associate Justice
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed an amended petition for disciplinary action alleging that respondent Ana Lisa Garza Peña has committed professional misconduct warranting public discipline, namely, dishonest conduct, failure to safeguard client funds, misappropriation of client funds, and neglect of client matters, in violation of Rules 1.01(b)(1), 8.04(a)(3), and 1.14(a), Texas Disciplinary Rules of Professional Conduct. In mitigation of respondent's misconduct, she presented evidence that she was suffering from extreme personal stress at the time of the misconduct and that she has demonstrated genuine remorse for the misconduct. In addition, respondent and the Director state that respondent is prepared to make full restitution payments.
Respondent and the Director have entered into a stipulation for discipline. In it, respondent unconditionally admits the allegations of the amended petition and waives her procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR). The parties jointly recommend that the appropriate discipline is an indefinite suspension with no right to petition for reinstatement for 18 months.
The court has independently reviewed the file and approves the recommended discipline.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Ana Lisa Garza Peña is indefinitely suspended from the practice of law, effective 14 days from the date of this order, with no right to petition for reinstatement for 18 months.
2. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d), RLPR. Reinstatement is conditioned on successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility, see Rule 18(e)(2), RLPR; and satisfaction of continuing legal education requirements, see Rule 18(e)(4), RLPR. Reinstatement is also conditioned on respondent paying restitution, in the total amount of $3,788, to the individuals identified in the stipulation for discipline, and in the amounts stated therein.
3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs pursuant to Rule 24, RLPR.
Dated: May 6, 2020
BY THE COURT:
/s/
David L. Lillehaug
Associate Justice