COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: D. Patrick Smitherman v. Commission for Lawyer Discipline Appellate case number: 01-13-00635-CV Trial court case number: 2010-10256 Trial court: 129th District Court of Harris County It is ordered that Appellant’s Motion for En Banc Reconsideration is denied.

Judge’s signature: /s/ Rebeca Huddle Acting for the En Banc Court*

Date: May 5, 2015

*En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Huddle, and Lloyd.