stumbleupon upon SCHWAGER'S SCHWAGER'S socialmedia social media posts andthe posts and videosat the videos issue.Theattached at issue. exhibits The attached exhibits _ regardingSILVERADO'S marketingrevealthat regarding SILVERADO'S marketing 80-90%of reveal that 80-90% theirtarget of their market, targetmarket, babyboomers, baby are on Facebook. boomers, areon Facebook. Theforegoing The foregoing v iolationsooff the violations theDisciplinary Disciplinary Rules certainly arecertainly Rules are not comprehensive notcomprehensive but demonstrate butdemonstrate thatboth that attorneys both attorneys have have
aduty towithdraw under Rule 1.15 andhave not. a duty to withdraw under Rule 1.15 and have not.
b.Rule b. Rule 3.01 3.01 Meritorious Meritorious Claims Claims andContentions and Contentions
a. lawyershall a. AAlawyer shall not bringor notbring defendaaproceeding, ordefend proceeding,or assert or assert controvert any or controvert or issuetherein, any issue unlessthe therein, unless thelawyer lawyer reasonablybelievesthat reasonably believes that there there is basis for is a basis for doing doingso that is so that not frivolous. not frivolous.
42. DAVISviolated 42. DAVIS violatedRule3.01in sendingthe Rule 3.01 in sending anddesist ceaseand the first cease desistletterand letter and accompanying accompanying emails to emails to SCHWAGER,threatening SCHWAGER, TEMPORARY threatening aaTEMPORARY RESTRAINING ORDER that has been not inthe grantedState ofTexas in200 RESTRAINING ORDER that has not been granted in the State of Texas in 200
yearsor upheldin years or upheld theUnited in the StatesSupreme United States Supreme Court. Thisnecessarily Court.This that meansthat necessarily means
DAVISthreatens DAVIS threatens c riminalaand criminal nddisciplinary disciplinaryactionin action thisproceeding in this SOLELY proceeding SOLELY to to gainan gain advantage,violating an advantage, violatingRule Rule4.04. 4.04.
42 Thr dicintyprimme accprtinn that CTT \/F12 Ann,q rnnrern ie thp rstivartf riohte
Silverado Appx. 0551 No. 1-15-567-CV 1640 of RUBYPETERSON of RUBY PETERSON while while violatingher her privacyrightswith rights withrespect o meeting respecttto meeting
with withher useof her family,use of telephones, telephones,theassaultive the assaultive showerincident, incident,andmailreveals and mail reveals that SILVERADO that SILVERADOhhas as no respect for no respect RUBY'Sprivacy for RUBY'S privacyrights.The attached rights. The attached exhibits exhibits rrevealing evealingSSILVERADO'S ILVERADO'Sroutine routineexploitation exploitationofoftheirresidents their residentsbby y using using them them in advertising - when in advertising - when they they have personalability no personal have no abilityto to consent. SILVERADO consent.SILVERADO also routinelyuses also routinely employeesin uses employees Youtubevideos, in Youtube videos,with TANNA with TANNA MCMILLAN MCMILLAN testifying testifying tthat hatupon upon entering entering thefacility, the facility, e mployees employees and residentsssign and residents igndocuments documents CI waiving waivingprivacy privacyrights sothatSILVERADO rightsso can usethemintheir that SILVERADOcanuse them in theiradvertising. advertising. CJ 44. 44. Likewise,PACHECO complicitinherclient's Likewise, PACHECOisiscomplicit in her client's d ishonesty dishonesty as demonstrated as demonstratedin in DAVIDPETERSON'S DAVID PETERSON'Sown testimonyduringthe injunctionhearing. own testimony during the injunction hearing.PETERSON PETERSON essentiallytestifiedthat evenperjury essentially testified thateven perjurywas acceptableif ifthe was acceptable endsjustified the ends justifiedthe the means, means, stating, "lf you gotta lie, you gotta lie, Bill Clinton did it." Bill stating, "If you gotta lie, you gotta lie, Bill Clinton did it." Significantly, Bill Clinton perjured himselfforwhomimpeachment proceedings Clinton perjured himself for whom impeachment proceedingswere instituted, leavingthe were instituted, leaving the implication that for DAVIDPETERSON, perjuryis withinthe realmof acceptable implication that for DAVID PETERSON, perjury