When last we left Houston attorney Robert Bennett he had been disbarred after a trial on alleged ethics violations. The State Bar alleged that Mr. Bennett violated two ethics rules. What made the matter a bit odd is that the State Bar never recommended that Mr. Bennett be disbarred - that sanction came from Judge Carmen Kelsey of San Antonio.
Today the 14th Court of Appeals in Houston overturned Mr. Bennett's disbarment finding that the evidence was insufficient to support the allegation that he refused to return an advanced payment of an unearned fee to a client. The Court did, however, uphold the finding that he violated the rule against an attorney taking a position during litigation that unnecessarily increases the cost of litigation or unreasonably delays resolution of a matter.
As a result, Mr. Bennett has been reinstated to the bar.