Resolution Trust Corp., in Its Corp. Capacity v. H.R. \Bum\" Bright, 6 F.3d 336 (1993). · Go Syfert
Resolution Trust Corp., in Its Corp. Capacity v. H.R. \Bum\" Bright, 6 F.3d 336 (1993). Cases Citing This Book View Copy Cite
“the texas disciplinary rules of professional conduct do not expressly apply to sanctions in federal courts, but a federal court may nevertheless hold attorneys accountable to the state code of professional conduct.”
80 citation events (50 in the last 25 years) across 14 distinct courts.
Strongest positive: Wissel v. Rural Media Group, Inc. (txnd, 2025-07-28)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 44 distinct citers.
examined Cited as authority (verbatim quote) Wissel v. Rural Media Group, Inc.
N.D. Tex. · 2025 · quote attribution · 1 verbatim quote · confidence high
the texas disciplinary rules of professional conduct do not expressly apply to sanctions in federal courts, but a federal court may nevertheless hold attorneys accountable to the state code of professional conduct.
discussed Cited as authority (verbatim quote) United States v. Ortega
5th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
placing statements in a draft affidavit that have not been previously discussed with a witness does not automatically constitute bad faith conduct.
cited Cited as authority (rule) laed 2026
E.D. La. · 2026 · confidence medium
Corp. v. Bright, 6 F.3d 336, 340 (5th Cir. 1993); and then citing Matter of Thalheim, 853 F.2d 383, 389 (5th Cir. 1988)). 19 R.
discussed Cited as authority (rule) Castille v. Port Arthur ISD
5th Cir. · 2026 · confidence medium
Trust Corp. v. Bright, 6 F.3d 336, 340-41 (5th Cir. 1993)); see also Gibson, Inc., 107 F.4th at 447 . 20 Case: 24-40644 Document: 125-1 Page: 21 Date Filed: 02/24/2026 No. 24-40644 the complaint by reference, and matters of which a court may take judicial notice.” 53 The district court did not abuse its discretion in failing to judicially notice the “complete Administrative Record.” First, Castille did not supply the “necessary information.” Castille’s motion asked the court “to take judicial notice of Doc. 22 and the 1032 documents filed therein (USB with the District Clerk),”…
cited Cited as authority (rule) (PS) Mitchell v. U.C. Davis Senior Connections
E.D. Cal. · 2025 · confidence medium
Co., 80 6 F.3d 336, 339 (9th Cir. 1996). 7 III.
cited Cited as authority (rule) MacNair v. Chubb European Group SE
E.D. La. · 2025 · confidence medium
Id. at 340-41 (citations omitted). 26 As of July 1, 2024, § 22:1973 was repealed and § 22:1892 was significantly amended.
cited Cited as authority (rule) (PS) Singh v. CDCR
E.D. Cal. · 2025 · confidence medium
Co., 80 6 F.3d 336, 339 (9th Cir. 1996). 7 III.
discussed Cited as authority (rule) Rohifard v. Brewer & Prichard, P.C. (2×)
Bankr. S.D. Tex. · 2023 · confidence medium
Corp. v. Bright, 6 F.3d 336, 340 (5th Cir. 1993) (“[B]efore sanctioning any attorney under its inherent powers, the court must make a specific finding that the attorney acted in ‘bad faith.’” (citing In re Thalheim, 853 F.2d 383, 389 (5th Cir. 1988))); Crowe v. Smith, 151 F.3d 217, 221 (5th Cir. 1998) (“[B]ad faith is a prerequisite to the exercise of a court’s inherent power.”).
discussed Cited as authority (rule) ABC Dentistry, P.A. and ABC Dentistry West Orem, PLLC (2×)
Bankr. S.D. Tex. · 2023 · confidence medium
Corp. v. Bright, 6 F.3d 336, 340 (5th Cir. 1993) (“[B]efore sanctioning any attorney under its inherent powers, the court must make a specific finding that the attorney acted in ‘bad faith.’” (citing In re Thalheim, 853 F.2d 383, 389 (5th Cir. 1988))); Crowe v. Smith, 151 F.3d 217, 221 (5th Cir. 1998) (“[B]ad faith is a prerequisite to the exercise of a court’s inherent power.”).
cited Cited as authority (rule) In re Jonathan Andry
5th Cir. · 2023 · confidence medium
Resolution Trust Corp. v. Bright, 6 F.3d 336, 341 (5th Cir. 1993).
discussed Cited as authority (rule) Bianca Cruz
Bankr. S.D. Tex. · 2020 · confidence medium
In re Goode, 821 F.3d 553, 559 (5th Cir. 2016), citing Chambers, 501 U.S. at 43, and Resolution Trust Corp. v. Bright, 6 F.3d 336, 340 (5th Cir.1993).”). 36 ECF No. 27 at 15. 37 ECF No. 163. 38 ECF Nos. 163, 164.
cited Cited as authority (rule) Allen v. Fitzgerald, III
W.D. Va. · 2019 · confidence medium
Corp. v. Bright, 6 F.3d 336, 340 (5th Cir. 1993).
cited Cited as authority (rule) Allen v. Fitzgerald
W.D. Va. · 2019 · confidence medium
Corp. v. Bright, 6 F.3d 336, 340 (5th Cir. 1993).
cited Cited as authority (rule) In re: Deepwater Horizon
5th Cir. · 2016 · confidence medium
Resolution Trust Corp. v. Bright, 6 F.3d 336, 341 (5th Cir. 1993).
cited Cited as authority (rule) Lake Eugenie Land & Development, Inc. v. BP Exploration & Production, Inc.
5th Cir. · 2016 · confidence medium
Resolution Trust Corp. v. Bright, 6 F.3d 336, 341 (5th Cir. 1993).
cited Cited as authority (rule) In re: William Goode
5th Cir. · 2016 · confidence medium
Corp. v. Bright, 6 F.3d 336, 340 (5th Cir.1993).
discussed Cited as authority (rule) In Re: Donna Grodner
5th Cir. · 2014 · confidence medium
“It is beyond dispute that a federal court may suspend or dismiss an attorney as an exercise of the court’s inherent powers.” Resolution Trust Corp. v. Bright, 6 F.3d 336, 340 (5th Cir.1993) (citing In re Snyder, 472 U.S. 634, 643-44 , 105 S.Ct. 2874 , 86 L.Ed.2d 504 (1985)); see also Crowe v. Smith, 151 F.3d 217, 229-30 (5th Cir.1998) (collecting cases); Flaksa v. Little River Marine Constr.
discussed Cited as authority (rule) GAIA Environmental, Inc. and AXL Industries, L.L.C. v. James B. Galbraith and McLeod, Alexander, Powel & Apffel, P.C. (2×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Resolution Trust Corp. v. Bright, 6 F.3d 336, 341 (5th Cir.1993).
cited Cited as authority (rule) In Re: Nalls
5th Cir. · 2005 · confidence medium
Resolution Trust Corp. v. Bright, 6 F.3d 336, 340 (5th Cir.1993). 4 .
cited Cited as authority (rule) Bocanegra v. Vicmar Services, Inc.
5th Cir. · 2003 · confidence medium
Resolution Trust Corp. v. Bright, 6 F.3d 336, 340-41 (5th Cir.1993).
examined Cited as authority (rule) Crowe v. Smith (4×)
5th Cir. · 1998 · signal: cf. · confidence medium
Cf. RTC v. Bright, 6 F.3d 336, 340 (5th Cir.1993) (“It is beyond dispute that a federal court may suspend or dismiss an attorney as an exercise of the court’s inherent powers.”);- Howell v. State Bar of Texas, 843 F.2d 205, 206 (5th Cir.1988) (“Since the early days of English common law, it has been widely recognized that courts possess the inherent power to regulate the conduct of attorneys who practice before them and to discipline or disbar such of those attorneys as are guilty of unprofessional conduct.”); Flaksa v. Little River Marine Constr.
discussed Cited as authority (rule) Larry James Oldsmobile-Pontiac-GMC Truck Co. v. General Motors Corp.
N.D. Miss. · 1997 · confidence medium
United States v. Brown, 72 F.3d 25, 28-29 (5th Cir.1995); R.T.C. v. Bright, 6 F.3d 336, 341 (5th Cir. 1993) (noting federal court may “hold attorneys accountable to the state code of professional conduct”); White v. Illinois Central R.R., 162 F.R.D. 118, 120 (S.D.Miss.1995) (utilizing violation of 4.2 as basis for sanction).
discussed Cited as authority (rule) Matter of Jaques (2×) also: Cited "see, e.g."
E.D. Tex. · 1997 · confidence medium
See In re Snyder, 472 U.S. 634 , 645 n. 6, 105 S.Ct. 2874 , 2881 n. 6, 86 L.Ed.2d 504 (1985); Resolution Trust Corp. v. Bright, 6 F.3d 336, 341 (5th Cir.1993).
discussed Cited as authority (rule) Arbitrium (Cayman Islands) Handels AG v. Johnston
Del. Ch. · 1997 · confidence medium
See Chambers v. NASCO, 501 U.S. 32 , 47 n. 11, 111 S.Ct. 2123 , 2134 n. 11, 115 L.Ed.2d 27 (1991); Resolution Trust Corp. v. Bright, 6 F.3d 336, 340 (5th Cir.1993); Yagman v. Republic Ins., 987 F.2d 622, 628 (9th Cir.1993); see generally Veronica J.
cited Cited as authority (rule) In Re Cowboy Roofing, Inc.
Bankr. E.D. Tex. · 1996 · confidence medium
Resolution Trust Corp. v. Bright, 6 F.3d 336, 341 (5th Cir.1993); In re Thalheim, 853 F.2d 383, 389 (5th Cir.1988).
discussed Cited as authority (rule) Elliott v. Tilton
5th Cir. · 1995 · confidence medium
"Indeed, the Supreme Court has cautioned that 'because of their very potency, inherent powers must be exercised with restraint and discretion.' " Id. (quoting Chambers v. NASCO, Inc., 501 U.S. 32, 44 , 111 S.Ct. 2123, 2132 , 115 L.Ed.2d 27 (1991)). 27 More importantly, relevant to this case, this Court has held that "[i]n order to impose sanctions against an attorney under its inherent power, a court must make a specific finding that the attorney acted in 'bad faith'." Id.; R.T.C. v. Bright, 6 F.3d 336, 340 (5th Cir.1993); In re Thalheim, 853 F.2d 383, 389 (5th Cir.1988); see also Roadway Expr…
discussed Cited as authority (rule) Elliott v. Tilton
5th Cir. · 1995 · confidence medium
More importantly, relevant to this case, this Court has held that “[i]n order to impose sanctions against an attorney under its inherent power, a court must make a specific finding that the attorney acted in ‘bad faith’.” Id.; R.T.C. v. Bright, 6 F.3d 336, 340 (5th Cir.1993); In re Thalheim, 853 F.2d 383, 389 (5th Cir.1988); see also Roadway Express, Inc. v. Piper, 447 U.S. 752, 767 , 100 S.Ct. 2455, 2465 , 65 L.Ed.2d 488 (1980) (“Similarly, the trial court did not make a specific finding as to whether counsel’s conduct in this case constituted or was tantamount to bad faith, a fin…
discussed Cited as authority (rule) Federal Deposit Insurance v. United States Fire Insurance
5th Cir. · 1995 · confidence medium
Our post-Dresser disqualification cases, such as Resolution Trust Corp. v. Bright, 6 F.3d 336, 339 (5th Cir.1993), have picked up on this overall “abuse of discretion” standard, which includes “clear error” review of fact-findings and de novo “careful examination” of the district court’s application of the relevant rules: “In the specific context of a disqualification motion, this circuit reviews fact findings for ‘clear error’ while ‘carefully examining’ the district court’s application of relevant ethical standards.” Bright, 6 F.3d at 336 (citing American Airlines…
discussed Cited as authority (rule) F.D.I.C. v. U.S. Fire Ins. Co.
5th Cir. · 1995 · confidence medium
Our post-Dresser disqualification cases, such as Resolution Trust Corp. v. Bright, 6 F.3d 336, 339 (5th Cir.1993), have picked up on this overall "abuse of discretion" standard, which includes "clear error" review of fact-findings and de novo "careful examination" of the district court's application of the relevant rules: 21 "In the specific context of a disqualification motion, this circuit reviews fact findings for 'clear error' while 'carefully examining' the district court's application of relevant ethical standards." 22 Bright, 6 F.3d at 336 (citing American Airlines, 972 F.2d at 609 ).
cited Cited as authority (rule) Chaves v. M/V Medina Star
5th Cir. · 1995 · confidence medium
Resolution Trust Corp. v. Bright, 6 F.3d 336, 340 (5th Cir.1993).
cited Cited "see" Domain Protection LLC v. Sea Wasp LLC
E.D. Tex. · 2019 · signal: see · confidence high
See Resolution Trust Corp. v. Bright, 6 F.3d 336, 340 (5th Cir. 1993).
discussed Cited "see" Republic of Argentina v. Bg Group Plc
D.D.C. · 2010 · signal: see · confidence high
See Resolution Trust Corp. v. Bright, 6 F.3d 336, 342 (5th Cir. 1993) (finding no ethics violation where attorneys drafted an affidavit but “made sure that [the witness] signed [it] only if she agreed with its contents”).
discussed Cited "see" Republic of Argentina v. BG GROUP PLC
D.D.C. · 2010 · signal: see · confidence high
See Resolution Trust Corp. v. Bright, 6 F.3d 336, 342 (5th Cir.1993) (finding no ethics violation where attorneys drafted an affidavit but “made sure that [the witness] signed [it] only if she agreed with its contents”).
discussed Cited "see" In Re Yorkshire, LLC
5th Cir. · 2008 · signal: see · confidence high
See Elliott v. Tilton, 64 F.3d 213 , 217 (5th Cir.1995) (citing Resolution Trust Corp. v. Bright, 6 F.3d 336, 340 (5th Cir.1993); In re Thalheim, 853 F.2d 383, 389 (5th Cir. 1988)); see also Roadway Express, Inc. v. Piper, 447 U.S. 752, 765-66 , 100 S.Ct. 2455 , 65 L.Ed.2d 488 (1980).
discussed Cited "see" In Re Yorkshire, LLC
5th Cir. · 2008 · signal: see · confidence high
See Eliot v. Tilton, 64 F.3d 213 , 217 (5th Cir. 1995) (citing Resolution Trust Corp. v. Bright, 6 F.3d 336, 340 (5th Cir. 1993); In re Thalheim, 853 F.2d 383, 389 (5th Cir. 1988)); see also Roadway Express, Inc. v. Piper, 447 U.S. 752, 765-66 (1980).
discussed Cited "see" Knight v. Luedtke
5th Cir. · 2008 · signal: see · confidence high
See Elliott v. Tilton, 64 F.3d 213, 217 (5th Cir.1995) (citing Resolution Trust Corp. v. Bright, 6 F.3d 336, 340 (5th Cir.1993); In re Thalheim, 853 F.2d 383, 389 (5th Cir.1988)); see also Roadway Express, Inc. v. Piper, 447 U.S. 752, 765-66 , 100 S.Ct. 2455 , 65 L.Ed.2d 488 (1980).
discussed Cited "see" ca3 2005 (2×) also: Cited "see, e.g."
3rd Cir. · 2005 · signal: see · confidence high
See id. 72 In addition to the standards established by professional ethics, attorneys retained in bankruptcy proceedings are also required to meet the restrictions imposed by section 327 of the Bankruptcy Code. 13 Subsection (a) restricts retention of lawyers and other professionals to those who do not hold or represent an interest adverse to the estate and are disinterested.
discussed Cited "see" Century Indemnity Co. v. Congoleum Corp. (2×) also: Cited "see, e.g."
3rd Cir. · 2005 · signal: see · confidence high
See id.
cited Cited "see" Tollett v. The City of Kemah
5th Cir. · 1999 · signal: see · confidence high
See Resolution Trust Corp. v. Bright, 6 F.3d 336, 340 (5th Cir.1993).
cited Cited "see" Tollett v. City of Kemah
5th Cir. · 1999 · signal: see · confidence high
See Resolution Trust Corp. v. Bright, 6 F.3d 336, 340 (5th Cir.1993).
cited Cited "see" Resolution Trust Corp. v. Bright
unknown court · 1994 · signal: see · confidence high
See RTC v. Bright, 6 F.3d 336 (5th Cir.1993). .
cited Cited "see, e.g." Prince v. Colvin
N.D. Tex. · 2015 · signal: see, e.g. · confidence medium
See, e.g., Resolution Trust Corp. v. Bright, 6 F.3d 336, 342 (5th Cir.1993) (citing Chambers); Rogers v. Air Line Pilots Ass’n, Int'l, 988 F.2d 607, 615-16 (5th Cir.1993) (citing F.D.
discussed Cited "see, e.g." In Re Zuniga
Bankr. S.D. Tex. · 2005 · signal: see also · confidence medium
DLR, Appendix A, Rule 1.A; see also Resolution Trust Corp. v. Bright, 6 F.3d 336, 341 (5th Cir.1993) (“[A] federal court may ... hold attorneys accountable to the state code of professional conduct.”) “An appearance by a lawyer before the court, by writing or in person, confers disciplinary jurisdiction upon the court under these rules.” DLR, Appendix A, Rule 7 (Oct. 10,1996).
discussed Cited "see, e.g." Thornton v. General Motors Corp.
5th Cir. · 1998 · signal: see also · confidence low
See John v. Barron, 897 F.2d 1387, 1390 (7th Cir.)(addressing portion of Rule 11 finding as to monetary sanction but ruling that court had no jurisdiction over award of attorney’s fees in which amount not fixed), cert. denied, 498 U.S. 821 , 111 S.Ct. 69 , 112 L.Ed.2d 43 (1990); see also Resolution Trust Corp. v. Bright, 6 F.3d 336 , 340 n. 5 (5th Cir.1993)(addressing number of Rule 11 sanctions although order contained one sanction over which the court did not have jurisdiction and apparently was not appealed by the parties).
Hopkins & Sutter
Dec 7, 1993.
6 F.3d 336
RU
Jones, Demoss, Kazen.
KAZEN, District Judge:

This appeal arises out of a lawsuit filed in May 1992 by the Resolution Trust Corporation (“RTC”) against H.R. “Bum” Bright and .James B. “Boots” Reeder, based on their alleged misconduct in connection with activities at Bright Banc Savings Association, Dallas (“Bright Banc”). Approximately two months after the suit was filed, appellees moved for a protective order and sanctions against the RTC for the manner in which its attorneys, Peter F. Lovato III and Thomas D. Graber, interviewed a former Bright Banc employee. After four days of hearings on the motion for sanctions, the district court issued an oral order on October 19, 1992, finding that the attorneys, appellants herein, impermissibly attempted to persuade the witness to sign an affidavit containing statements which the witness had not previously told appellants. The order disbarred the attorneys from practicing before the district judge and disqualified the attorneys’ law firm, Hopkins & Sutter, from further representing RTC in the underlying case. In a December 28, 1992 written order, the court assessed attorneys’ fees against the law firm for costs incurred by appellees in prosecuting the sanctions motion. [2] Appellants timely appealed the district court’s decision. We reverse.

A. Factual Background

On May 14, 1992, the RTC filed suit in federal district court charging appellees Bright and Reeder, as shareholders, directors and officers of Bright Banc, with fraud, negligence, and breach of fiduciary and other duties owed to the bank’s shareholders. As part of their pre-filing investigation of the case, attorneys Lovato and Graber conducted several interviews — all voluntary — with Barbara Erhart, formerly the Senior Vice President of Finance Support at Bright Banc. Erhart had worked closely with defendant Reeder and had contact with defendant Bright on “critical matters.”

The primary focus of the Erhart interviews was the method Bright Banc used to calculate the amount of non-cash assets it had converted to cash for a December 1986 report on the bank’s financial health to the Federal Home Loan Bank Board (“FHLBB”). The RTC attorneys, including Lovato and Graber, questioned Erhart extensively about who made and authorized the computations used in the report. At the conclusion of the third interview, Lovato and Graber asked Erhart to return to their office the next day — April 9, 1992 — to review and sign an affidavit summarizing what she had told them in the course of the prior interviews.

When Erhart arrived at the office of Hopkins & Sutter on April' 9th, she was not immediately given the affidavit. Instead, the attorneys questioned her again about the cash conversion calculations. As Lovato and Graber spoke to Erhart, they made some last-minute changes to the draft. The changes were incorporated into a revised draft which Graber then presented to Er-[*339] hart. He warned her that it “contained a couple of things [they hadn’t] discussed with [her],” but which the attorneys nevertheless believed to be true. Erhart was instructed to read the affidavit “very carefully.”

. Erhart made several changes to the draft affidavit. Some related only to semantical differences, while others reflected Erhart’s disagreement with substantive claims in the affidavit. Lovato and Graber questioned Er-hart extensively about the changes she made. During this questioning, the attorneys asked Erhart whether she could reword some of her changes to emphasize that Bright and Reeder were more directly involved in the decision to use the controversial cash conversion computations. Erhart declined because she did not have personal knowledge of the statements the attorneys wanted her to include in her affidavit. With respect to some of the statements in the affidavit, the attorneys were not content to accept Erhart’s initial refusal to revise her changes. In an effort to have Erhart see things their way, Lovato and Graber described their understanding of how certain events transpired at Bright Banc, presented Erhart with independent evidence to support this interpretation of events, and aggressively challenged some of Erhart’s assumptions about Bright and Reeder. After making their case for further revisions, Lovato and Graber asked Erhart whether she believed them and whether she was now convinced that their version of certain events was correct. Erhart, unconvinced, declined to alter the initial changes she had made to the draft affidavit.

When it was clear to the attorneys that Erhart would not sign a statement agreeing with the attorneys’ version of some of the disputed events at Bright Banc, they incorporated Erhart’s handwritten changes into a new draft affidavit. Erhart read this draft and made a few changes which were then included in a third draft. Erhart read and approved this version of the affidavit, signed it and left the offices of Hopkins & Sutter.

Approximately one month later, Erhart told appellees’ attorneys that she had given a statement to appellant-attorneys regarding some of the transactions at issue in the underlying law suit. Appellees’ counsel then arranged for Erhart to give them an ex parte statement on June 12, 1992 about her meetings with Lovato and Graber. This statement was transcribed by the court reporter but never signed by Erhart. However, she later adopted portions of it during testimony before Judge Kendall on August 9, 1992.

In that testimony, Erhart stated, among other things, that she did not think Lovato and Graber were asking her to say something she did not believe but rather were trying to determine if she could see the case the way they did. She denied being harassed or intimidated and expressed the view that “they were doing their job, just like everybody else.” The district court essentially disregarded this testimony, finding it contrary to Erhart’s earlier ex parte statement given to appellees’ attorneys, and concluding that the change must have been the result of “obvious job pressure.” Erhart’s earlier statement clearly has a different tone from her subsequent court testimony. For example, she earlier described Lovato as having been particularly aggressive in attempts to persuade her to agree with appellants’ version of certain events, “almost like browbeating me.” Nevertheless even in her ex parte statement, Erhart indicated that Lovato and Graber were not trying to have her change facts but rather to agree with a different “interpretation” or “slant” from the facts.

B. The Motion For Sanctions

On July 15, 1992, Bright and Reeder moved for sanctions and a protective order against the RTC based on Lovato and Gra-ber’s conduct during the Erhart interviews. The motion alleged that the manner in which the RTC’s attorneys interviewed Erhart violated Texas Disciplinary Rules of Professional Conduct 3.04, 4.01(a) and 4.04(a) and probably violated 18 U.S.C. §§ 1503, 1512. Ap-pellees also called upon the court to exercise its “inherent powers” to sanction the RTC for intimidating Erhart. The motion asked the court to prevent the RTC from using any notes or statements obtained through the Erhart interviews, to order the RTC not to make any further contact with Erhart, and to award attorneys fees to Bright and Reeder[*340] for their efforts in bringing and prosecuting the motion for sanctions.

On July 20,1992, the district court ordered that both sides refrain from contacting Er-hart while the sanctions motion was pending. Hearings on the sanctions motion were held over the course of several days from August to October 1992.

C. The District Court’s Decision

The district court issued an oral ruling on the motion for sanctions on October 19,1992. This ruling was further clarified in separate written orders issued on October 23 and December 28, 1992.

The court found that Lovato and Graber “knowingly attempted to get a key witness ... to commit to a sworn statement that they knew contained assertions of fact she had not made or told them previously in matters highly relevant to the plaintiffs civil claim.” It found that the attorneys were “going to try to talk her into” those stateménts. The Court was particularly troubled because the draft affidavit given to Erhart added matters only in areas “that established or buttressed the [RTC’s] claims.” The court characterized the attorneys’ actions concerning the draft affidavit as “tampering with” or attempting to “manufacture” evidence to “cause, or aid in, Defendants’ downfall.”

Based on its inherent power to regulate the conduct of attorneys, Judge Kendall disbarred Lovato and Graber from practicing before him. He assessed $110,000 in attorneys fees against Hopkins & Sutter for expenses incurred by Bright and Reeder in the prosecution of the sanctions motion. [3] Pursuant to its authority under Local Rule 13.2 (N.D.Tex.), [4] the court removed Hopkins & Sutter from further representing the RTC in the underlying action. Finally, it ordered the firm not to charge the RTC for defending against the sanction motion. No sanctions were assessed against the RTC. Lovato, Graber and Hopkins & Sutter timely appealed. [5]

D. Disbarment of Lovato and Graber

The district court disbarred attorneys Lovato and Graber from practicing before it pursuant to the court’s inherent powers to discipline attorneys. It is beyond dispute that a federal court may suspend or dismiss an attorney as an exercise of the court’s inherent powers. In re Snyder, 472 U.S. 634, 643-644, 105 S.Ct. 2874, 2880, 86 L.Ed.2d 504 (1985); Matter of Thalheim, 853 F.2d 383, 389 (5th Cir.1988). However, before sanctioning any attorney under its inherent powers, the court must make a specific finding that the attorney acted in “bad faith.” Thalheim, 853 F.2d at 389. The United States Supreme Court has held that a court’s imposition of sanctions under its inherent powers is reviewable under the abuse-of-discretion standard. Chambers v. NASCO, Inc., — U.S. -, -, 111 S.Ct. 2123, 2138, 115 L.Ed.2d 27 (1991). A court abuses its discretion when its ruling is based on an erroneous view of the law or on a clearly[*341] erroneous assessment of the evidence. Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405, 110 S.Ct. 2447, 2461, 110 L.Ed.2d 359 (1990). In the specific context of a disqualification motion, this circuit reviews fact findings for “clear error” while “carefully examining” the district court’s application of relevant ethical standards. In re American Airlines, Inc., 972 F.2d 605, 609 (5th Cir.1992), cert. denied — U.S. -, 113 S.Ct. 1262, 122 L.Ed.2d 659 (1993).

Because disbarment is a quasi-criminal proceeding, any disciplinary rules used to impose this sanction on attorneys must be strictly construed, resolving ambiguities in favor of the person charged. Thalheim, 853 F.2d at 388. The Texas Disciplinary Rules of Professional Conduct do not expressly apply to sanctions in federal courts, but a federal court may nevertheless hold attorneys accountable to the state code of professional conduct. See In re Snyder, 472 U.S. at 645 n. 6, 105 S.Ct. at 2881 n. 6; In re Finkelstein, 901 F.2d 1560, 1564 (11th Cir.1990).

The district court failed to make specific findings of how appellants violated the Disciplinary Rules. In its oral findings, the court concluded that Lovato and Graber engaged in “inappropriate conduct, conduct that probably violates the DRs, unethical conduct, as well as a probable violation of the obstruction of justice statutes.” We shall assume that the district court’s comments referred to the Disciplinary Rules invoked by Appellees in their motion for sanctions.

The sanctionable conduct found by the district court was the attorneys’ inclusion of statements in draft affidavits that had not been previously discussed with Erhart, combined with the attorneys’ attempts to persuade Erhart to agree with their understanding of how certain events transpired at the bank. Placing statements in a draft affidavit that have not been previously discussed with a witness does not automatically constitute bad-faith conduct. See U.S. v. Brand, 775 F.2d 1460, 1469 (11th Cir.1985) (giving witness affidavit with statements not previously discussed not obstruction of justice). It is one thing to ask a witness to swear to facts which are knowingly false. It is another thing, in an arms-length interview with a witness, for an attorney to attempt to persuade her, even aggressively, that her initial version of a certain fact situation is not complete or accurate. Disciplinary Rules 3.04(b) and 4.01(a) concern the former circumstance, not the latter. The district court never found that appellants asked Erhart to make statements which they knew to be false. Indeed, the district court pretermitted any consideration of the truth of the draft affidavits. Appellees nevertheless argue that because appellant attorneys attempted to persuade Erhart to adopt certain statements which she had not expressly made and which she refused to adopt, the attorneys thereby were either making or urging the making of “false” statements in violation of DRs 3.04(b) and 4.01(a). We disagree. The district court characterized the attorneys’ behavior as “manufacturing” evidence, but there is no indication that the attorneys did not have a factual basis for the additional statements included in the draft affidavit. See Koller v. Richardson-Merrell, 737 F.2d 1038, 1058-59 (D.C.Cir.1984), vacated on other grounds 472 U.S. 424, 105 S.Ct. 2757, 86 L.Ed.2d 340 (1985). On the contrary, appellants have attempted to demonstrate in a detailed chart that the contested portions of the affidavit were based either on their notes of interviews with Erhart or on evidence from other sources (e.g., internal bank memorandum).

We recognize that the Texas Disciplinary Rules are not the sole authority governing a motion to disqualify in federal court; rather, such a motion must be determined by standards developed under federal law. In re Dresser Industries, Inc., 972 F.2d 540, 543 (5th Cir.1992). Our source for professional standards has been the canons of ethics developed by the American Bar Association. Id. The district court opinion, however, makes no reference to any national canons which would add to the analysis here, nor do appellees. A court obviously would be justified in disbarring an attorney for attempting to induce a witness to testify falsely under oath, see Thalheim, 853 F.2d at 390 (citing U.S. v. Friedland, 502 F.Supp. 611, 619 (D.N.J.1980), aff'd. 672 F.2d 905 (3d Cir.1981)), but this record does not support[*342] the conclusion that Lovato and Graber engaged in such behavior. While the attorneys were persistent and aggressive in presenting their theory of the case to Erhart, they nevertheless made sure that Erhart signed the affidavit only if she agreed with its contents. The attorneys never attempted to hide from Erhart the fact that some statements were included in draft affidavits that had not been discussed with her previously. Instead, they brought the statements to her attention and warned her to read them carefully. Additionally, Lovato and Graber never claimed to be neutral parties. Erhart knew that these attorneys were advocates for a particular position, and she was also in communication with attorneys who were advocating the contrary position. Were Erhart giving testimony at a deposition or at trial, the attorneys for either side would not be required to accept her initial testimony at face value but would be able to confront her with other information to challenge her testimony or attempt to persuade her to change it.

Appellees also alleged that RTC attorneys violated Disciplinary Rule 4.04(a), which prohibits an attorney from burdening a third party without a valid “substantial purpose” or violating a third party’s legal rights. The district court findings do not reveal that Lovato and Graber committed either wrong. The attorneys’ sometimes laborious interviews with Erhart were conducted with the goal of eliciting an accurate and favorable affidavit from a key witness in the underlying case. Additionally, the district court made no findings that the interviews violated Erhart’s legal rights, nor does the record contain any evidence to support such a finding.

E. Sanctions Against The Law Firm

The district court ordered the firm of Hopkins & Sutter to pay $100,000 in attorneys’ fees to appellees for their prosecution of the sanction motion and also restrained the firm from charging the RTC for defending against the motion. The court assessed attorneys’ fees under its inherent power to do so against counsel who have conducted themselves in bad faith. Chambers, — U.S. at -, 111 S.Ct. at 2133. It found that Lovato and Graber acted in bad faith because they tampered with or attempted to manufacture evidence and concluded that “a law firm may not escape the consequences of misconduct committed by one of its attorneys.” The Supreme Court in Chambers described three exceptions to the so-called “American Rule,” which prohibits fee shifting in most cases. The exception pertinent to the instant case is that a court may assess attorney’s fees when a party acts “in bad faith, vexatiously, wantonly, or for oppressive reasons.” - U.S. at -, 111 S.Ct. at 2133. The Supreme Court compared this exception to the requirement under Rule 11, Fed.R.Civ.P., providing that the signer of a paper warrants that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. Id. at n. 10. We understand the district court’s finding of “bad faith” to be grounded exclusively on the proposition that attorneys Lovato and Gra-ber wrongfully tried to tamper with or manufacture evidence. Because we have already found that the record does not support that conclusion, the assessment of attorney’s fees cannot be sustained.

The trial court did not elaborate, either orally or in writing, on its order restraining Hopkins & Sutter from charging the RTC for time spent defending the motion for sanctions. Neither side has specifically addressed that sanction on appeal. Nevertheless, in view of the conclusions we have heretofore announced, there would likewise be no justification for this sanction.

F. Conclusion

We conclude that the district court abused its discretion when it issued its sanctions ruling against appellants. [6] We REVERSE and REMAND for proceedings not inconsistent with this opinion.

2

. Because appellants’ Notice of Appeal had already been filed when the district court issued its opinion, the court stayed the operation of the award of attorneys fees pending disposition of the appeal.

3

. The court explained that the award of attorneys fees was not intended as a sanction, but that it "flows from equity in light of the Court’s inherent power or the purpose of reimbursement rather than sanction." December 28, 1992 Order at 3 n. 1.

4

. Local Rule 13.2 of the U.S. District Court For the Northern District of Texas states, in pertinent part,

Any member of the bar of this Court ... who proves to be incompetent to practice before this Court because of unethical behavior ... is subject to revocation of admission to practice in this District and to other appropriate discipline, after such hearing as the Court may direct in each particular instance.
5

. The notice of appeal purports to appeal all sanctions imposed in the Order of December 28, 1992. However, an order disqualifying counsel in a civil case is not a final judgment on the merits of the litigation and does not fall under the "collateral order” exception. Richardson-Merrell, Inc., v. Koller, 472 U.S. 424, 430, 105 S.Ct. 2757, 2761, 86 L.Ed.2d 340 (1985). Appellants’ brief generally attacks the "sanctions” imposed by the trial court but does not specifically mention the disqualification order. Their Statement of Jurisdiction refers to counsel "who have perforce withdrawn from the case.” Appellees’ Statement of Jurisdiction asserts that appellants "have not attempted to appeal from that portion of the order disqualifying them as counsel to the RTC.” Appellants have not challenged that assertion. We conclude that the disqualification sanction is not before us on this appeal. The remaining three sanctions are ripe for appeal. Markwell v. County of Bexar, 878 F.2d 899 (5th Cir.1989).

6

. Appellants advance several additional grounds for the reversal of the district court's decision, including due process violations and an impermissible ex parte contact between the district court judge and an FBI agent. We need not reach these issues.