Correction
In
the June 2002 Disciplinary Actions column, page 551, a judicial action
dated Oct. 29 should have stated that the justice of the peace was suspended
“with pay,” rather than “without pay.” We regret
the error.
BODA ACTIONS
On Nov. 26, the
Board of Disciplinary Appeals withdrew its prior judgment
of suspension dated Jan. 15, 2002, against William Owen Juvrud
[#11063050], 44, of El Paso. Juvrud pleaded guilty in the 243rd District
Court of El Paso County to misapplication of fiduciary property, a third-degree
felony, an intentional crime as defined in the Texas Rules of Disciplinary
Procedure. On July 23, 2001, the court deferred adjudication and placed
Juvrud on community supervision for 10 years beginning July 23, 2001. On
Jan. 14, 2002, Juvrud was discharged from community supervision and the
indictment against him was dismissed. His probation was terminated before
the Board of Disciplinary Appeals rendered judgment. Upon rehearing on Nov.
22, 2002, Juvrud was suspended from the practice of law from July 23, 2001,
until January 14, 2002, the day his community supervision was terminated
and the indictment dismissed.
On Nov. 26, the Board of Disciplinary
Appeals entered an interlocutory order
of suspension against El Paso attorney James Jeffery Crook
[#05111000], 64. On Aug. 9, 2002, Crook was found guilty of barratry, an
intentional crime as defined in the Texas Rules of Disciplinary Procedure.
He was sentenced to 10 years in prison. The court suspended the sentence
and placed Crook on adult probation for seven years. Crook has appealed
the conviction. In the event the conviction becomes final, Crook will be
disbarred.
On Dec. 11, the Board of Disciplinary Appeals signed
a judgment of indefinite
disability suspension against Kimberly K. Kovar
[#24014511], 42, of Desoto. Kovar was suspended in accordance with Part
XII of the Texas Rules of Disciplinary Procedure and Section 8 of the Internal
Procedural Rules of the Board of Disciplinary Appeals.
JUDICIAL
ACTIONS
On May 3, the State Commission on Judicial Conduct suspended
Rafael
Javier Rodriguez, municipal court judge, Elsa, Hidalgo County.
The commission found Rodriguez was indicted for driving while intoxicated,
and that while intoxicated he collided with and seriously injured a motorcyclist,
thereby allegedly committing intoxication assault or aggravated assault.
The commission suspended Rodriguez with pay pursuant to the authority contained
in Article 5, §1-a(6)A of the Texas Constitution and Rule 15(a) of
the Procedural Rules for the Removal or Retirement of Judges.
On
May 9, the Supreme Court of Texas suspended without pay Lillian
Fariss, justice of the peace, Precinct 2, Place 1, Sundown,
Hockley County. The State Commission on Judicial Conduct found Fariss failed
to obtain mandatory judicial education hours during fiscal year 2001. The
court acted on the commission’s recommendation, pursuant to the authority
contained in Article 5, §1-a(6)A of the Texas Constitution and Rule
15(a) of the Procedural Rules for the Removal or Retirement of Judges.
On June 5, the State Commission on Judicial Conduct issued a public
admonition
to George Boyett, justice of the peace, Precinct
3, College Station, Bryan County. The commission found that in one matter,
a Texas Parks and Wildlife game warden had made a number of inquiries with
Boyett’s staff regarding several alcohol-related citations the warden
had issued. During a visit to Boyett’s office, Boyett instructed that
the warden be escorted into the courtroom. In the courtroom, Boyett persisted
in using the term “bird and turtle” when referring to the warden’s
work, even though the warden had informed him that the term was insulting.
A witness to the meeting stated that Boyett’s temper “flared,”
and the witness confirmed the warden’s impression that he was not
free to leave the courtroom while the judge was speaking to him.
In
a second matter, a funeral home director made several efforts to secure
a signed death certificate on behalf of a family. Boyett allowed his staff
to improperly influence his conduct toward the funeral home director, which
caused him to unreasonably and purposefully delay the signing of the death
certificate. Boyett’s treatment of the funeral home director was found
to be discourteous.
Boyett violated Article 5, §1-a(6)A of
the Texas Constitution and Canons
2A, 2B, and 3B(4) of the Texas Code of Judicial Conduct.
On May
9, the Supreme Court of Texas suspended without pay Mary
Hart, municipal court judge, White Deer, Carson County. The
State Commission on Judicial Conduct found Hart failed to obtain mandatory
judicial education hours during fiscal year 2001. The court acted on the
commission’s recommendation, pursuant to the authority contained in
Article 5, §1-a(6)A of the Texas Constitution and Rule 15(a) of the
Procedural Rules for the Removal or Retirement of Judges.
On May
9, the Supreme Court of Texas suspended without pay Diana
Rodriguez, justice of the peace, Place 1, Encinal, LaSalle
County. The State Commission on Judicial Conduct found Rodriguez failed
to obtain mandatory judicial education hours during fiscal year 2001. The
court acted on the commission’s recommendation, pursuant to the authority
contained in Article 5, §1-a(6)A of the Texas Constitution and Rule
15(a) of the Procedural Rules for the Removal or Retirement of Judges.
On May 17, the State Commission on Judicial Conduct suspended Sadie
Floyd Clay, justice of the peace, Precinct 2, Marshall, Harrison
County. The commission found Clay was indicted for knowingly and intentionally
possessing and possessing with intent to distribute a controlled substance
in violation of Title 21, USC §§ 841(a)(1) and 844(a). The commission
suspended Clay with pay pursuant to the authority contained in Article 5,
§1-a(6)A of the Texas Constitution and Rule 15(a) of the Procedural
Rules for the Removal or Retirement of Judges.
On June 2, the Supreme
Court of Texas suspended without pay Elihu
Dodier [#05938200], 55, of Houston, associate municipal judge,
Houston, Harris County. The State Commission on Judicial Conduct found Dodier
failed to obtain mandatory judicial education hours during fiscal year 2001.
The court acted on the commission’s recommendation, pursuant to the
authority contained in Article 5, §1-a(6)A of the Texas Constitution
and Rule 15(a) of the Procedural Rules for the Removal or Retirement of
Judges.
On June 5, the State Commission on Judicial Conduct issued
a public admonition
to Delwin T. McGee [#13612600], 49, of Dumas,
judge of the County Court at Law, Moore County. The commission found McGee
was participating in a parade with a little league baseball team that he
coached, when an 11-year-old player from another team squirted him with
water. According to several witnesses, the judge chased after the child,
grabbed him, took his water pistol, placed him in a headlock, pulled his
head back by the hair, and squirted the child in the face with the water
gun. A short time later, the child was taken to a local hospital where he
was treated for a slight abrasion on his neck, a small laceration on his
tongue, and a small bruise on his thumb. Although local law enforcement
officials investigated the matter, the investigation was closed after the
child’s parents expressed a desire that it be ended. The commission
concluded that such an incident that generated local media attention and
resulted in a criminal investigation into the judge’s conduct cast
public discredit on the judiciary. McGee violated Article 5, §1-a(6)A
of the Texas Constitution.
On June 5, the State Commission on Judicial
Conduct issued a public warning
to Jay Gibson [#07879700], 52, of Odessa, judge
of the 70th District Court of Ector County. The commission found Gibson
exceeded and misused his authority by pursuing various grievances and criminal
charges against the district attorney, several Texas rangers, and the Department
of Public Safety for their involvement in the investigation and prosecution
of a high-profile aggravated kidnapping case pending in Gibson’s court.
In the course of pursuing his complaints against these individuals, Gibson
used his office and official letterhead to initiate investigations of the
individuals and to focus public attention, through the media and the legislature,
on alleged problems within the district attorney’s office and with
the Texas Rangers and DPS. Gibson’s actions cast public discredit
upon the judiciary, cast reasonable doubt on his ability as a judge to act
impartially and fairly, and interfered with the performance of his duties
as a judge. He violated Canons 2B, 4A(1), and 4A(2) of the Texas Code of
Judicial Conduct.
On June 21, the State Commission on Judicial Conduct
issued a public admonition
to Patricia Ott, justice of the peace, Precinct
1, Round Rock, Williamson County. The commission found Ott’s dealing
with a prospective juror and that juror’s young child lacked the patience,
dignity, and courtesy required of a judicial official. She violated Canon
3B(4) of the Texas Code of Judicial Conduct.
On June 28, the State
Commission on Judicial Conduct issued a public warning
to Don Rexford Emerson [#06601500], 55, of Amarillo,
judge of the 320th District Court of Potter County. The commission found
Emerson awarded a disproportionate number of appointments, resulting in
the payment of an inordinate number of fees, to one particular attorney
during a time when that attorney was running for public office. The commission
concluded Emerson failed to exercise his power of appointment impartially
and showed favoritism toward the attorney, who was a former prosecutor in
his court, and the attorney’s associates. Emerson also failed to follow
the established county practice when he removed all new family law and juvenile
cases from the jurisdiction of a statutory county court and apparently used
his position as local administrative judge to effectively manipulate the
system in order to afford certain litigants a more favorable forum for their
cases. He violated Canons 2B and 3C(4) of the Texas Code of Judicial Conduct.
On June 25, the State Commission on Judicial Conduct entered a voluntary
agreement to resign from judicial office in lieu of disciplinary action
regarding Michael Jackson Myers, justice of the
peace, Precinct 2, Forney, Kaufman County. The commission received two sworn
complaints regarding Myers’ failure to complete his required judicial
education hours for fiscal year 2001, and Myers’ inability to perform
judicial duties because of a permanent disability. On May 9, 2002, the Supreme
Court of Texas suspended Myers from office without pay pursuant to the authority
contained in Article 5, §1-a(6)A of the Texas Constitution, and Rule
15(a) of the Procedural Rules for the Removal or Retirement of Judges.
On Aug. 21, the State Commission on Judicial Conduct entered a voluntary
agreement to resign from judicial office in lieu of disciplinary action
regarding Howard J. Lilley, justice of the peace,
Precinct 4, Place 1, Livingston, Polk County. Two complaints were filed
with the commission regarding Lilley.
On Aug. 21, the Supreme Court
of Texas suspended without pay Thurman
B. Bartie, justice of the peace, Precinct 8, Port Arthur,
Jefferson County. The commission had presented to it a number of sworn complaints,
and after an informal appearance before the commission at which Bartie gave
testimony, the commission recommended the suspension to the court, pending
final disposition of the charge before the commission. The court suspended
Bartie pursuant to the authority contained in Article 5, §1-a(6)A of
the Texas Constitution and Rule 15(a) of the Procedural Rules for the Removal
or Retirement of Judges.
On Aug. 23, the State Commission on Judicial
Conduct issued a public admonition
to James H. Keeshan [#11174000], 62, of Conroe,
judge of the 359th District Court of Montgomery County. The commission found
Keeshan, while at a local bar, initiated a physical confrontation with another
customer, which resulted in a criminal charge against Keeshan for disorderly
conduct, to which he pleaded no contest. Keeshan, who had consumed four
to six beers in the hours preceding the incident, left the scene immediately
after being told that the police had been called. The judge’s conduct
received media coverage in the area. By these actions, Keeshan willfully
engaged in conduct which cast public discredit upon the judiciary. He violated
Article 5, §1-a(6)A of the Texas Constitution.
REINSTATEMENTS
On
Oct. 3, Cindy Floramell Hunt Wilson Reitano
[#00785265], 42, of Corpus Christi filed a motion for acceptance of resignation
in lieu of discipline, in relation to 11 complaints filed against her wherein
she accepted cases and received monetary compensation for same but failed
to follow through on the representation. She failed to respond to notice
of eight of the 11 complaints. Reitano violated Rules 1.01(b)(1) and (b)(2),
1.03(a), 1.04(a), 1.15(d), and 8.04(a)(3) and (a)(8).
On May 2, the
116th District Court of Dallas County reinstated Daniel P.
Garrigan [#07703500], 54, of Dallas. He was ordered to pay $1,977 in attorney’s
fees and court costs.
DISBARMENTS
On May 9,
the 191st District Court of Dallas County disbarred Robert
N. Goldstein [#08102590], 45, of Dallas. The court found Goldstein,
in representing a client, neglected a legal matter and frequently failed
to carry out obligations owed his client. He also failed to abide by his
client’s decisions concerning the objectives and general methods of
the representation or explain a matter to the extent reasonably necessary
for the client to make informed decisions regarding the representation.
Goldstein was found to have collected an unconscionable fee in a divorce
case and to have engaged in conduct involving dishonesty, deceit, or misrepresentation.
He violated Rules 1.01(b)(1) and (b)(2), 1.02(a), 1.03(b), 1.04(a), and
8.04(a)(3). He was ordered to pay $54,421.64 in attorney’s fees. Goldstein
is appealing the matter.
SUSPENSIONS
On Sept. 9, Thomas
Ronald Adkins [#00919000],
57, of Houston accepted a one-year, fully-probated suspension effective
Oct. 1, 2002. The District 4-H Grievance Committee found than in March 2001,
the complainant paid Adkins $1,500 for representation involving the probate
of his brother’s estate. Thereafter, the complainant made numerous
attempts to contact Adkins regarding the status of the case. However, Adkins
lost a portion of the case file and thus could not work on the case nor
answer the complainant’s questions. As a result, the case was not
filed until April 24, 2002. Adkins failed to respond to notice of the complaint
from the grievance committee. He violated Rules 1.01(b)(1) and (b)(2), 1.03(a)
and (b), 8.01(b), and 8.04(a)(1) and (a)(8). Adkins agreed to attend sessions
of the Professionalism Enhancement Program, pay restitution to the complainant,
and allow his trust account to be audited.
On Nov. 13, Otis
O. Bakke [#01609000], 60, of
Fort Worth agreed to a five-year, partially-probated suspension effective
Dec. 1, 2002, with the first year actively served and the remainder probated.
The District 7-A Grievance Committee found Bakke was retained by the complainants
for representation in personal injury matters. Bakke failed to timely prosecute
the matters by failing to file the lawsuits before the statutes of limitations
expired. Bakke failed to reasonably advise the complainants of the true
status of their respective cases. He failed to respond to the complainants’
reasonable requests for information, and led the complainants to believe
he had timely filed lawsuits in their cases. Bakke violated Rules 1.01(b)(1),
1.03(a) and (b), and 8.04(a)(3).
On Oct. 21, Aaron L.
Bullock [#03331700], 57,
of Kingwood received a five-year, partially-probated suspension effective
Nov. 11, 2002, with the first month actively served and the remainder probated.
The District 4-F Grievance Committee found that in one case, Bullock was
suspended from the practice of law for nonpayment of bar dues on Sept. 1,
1993. On Feb. 23, 1996, Bullock was retained in a criminal matter, when
he should have known he was not authorized to practice in Texas. He failed
to timely respond to notice of the complaint.
In a second case,
in June 1993, the complainant paid Bullock a $2,500 retainer
for representation in a child custody matter. In November 1993, Bullock
requested payment of additional fees. At that time, the complainant called
Bullock and requested that her retainer be refunded. Bullock hung up on
the complainant during the conversation. The complainant made various attempts
to communicate with Bullock, but to no avail. In April 1994, the complainant
hired another lawyer. Bullock finally contacted the complainant and offered
to refund some of the retainer, but failed to do so. As a result of Bullock’s
neglect of the case, the complainant was deprived of visitation rights during
her child’s summer break. Bullock did nothing for the fee he collected
and failed to refund monies owed the complainant.
Bullock violated
Rules 1.15(a)(1), 1.03(b), 1.04(a), and 8.04(a)(1), (a)(8),
and (a)(11).
On Aug. 21, Nancy B. Botts
[#02691020], 48, of
Houston received a one-year, partially-probated suspension effective Sept.
1, 2002, with the first two months actively served and the remainder probated.
The District 4-H Grievance Committee found Botts failed to respond to notice
of a complaint from the committee. She violated Rule 8.04(a)(8).
On
Oct. 14, Holly G. Crampton [#05004500], 54,
of Wichita Falls received a one-year, fully-probated suspension effective
Nov. 11, 2002. The 78th District Court of Wichita County found Crampton
neglected a matter entrusted to her and failed to keep a client reasonably
informed of the status of the matter or promptly comply with reasonable
requests for information. She also failed to timely respond to notice of
the complaint. Crampton violated Rules 1.01(b)(1), 1.03(a), and 8.04(a).
She was ordered to pay $5,000 in attorney’s fees and $15,000 in restitution.
On Sept. 13, Michael L. Davis [#05528760],
41,
of Houston received a one-month, fully-probated suspension effective Oct.
1, 2002. The District 4-H Grievance Committee found that on July 12, 2000,
after mediation, Davis and two other attorneys signed a settlement agreement
on behalf of their respective clients. The two attorneys forwarded settlement
checks to Davis, both asking that he hold the funds in trust until they
had agreed upon settlement releases. Davis altered the language of the settlement
releases without the knowledge or consent of the attorneys. In both instances,
Davis allowed his client to negotiate the settlement checks before he notified
the two attorneys of the revisions to the settlement releases. Davis violated
Rules 1.14(a) and (b).
On Oct. 3, Robert Francis Flanagan
[#07107600],
64 of San Antonio received a 21-month, partially-probated suspension effective
Nov. 1, 2002, with the first three months actively served and the remainder
probated. The 150th District Court of Bexar County found that in one count,
the complainant entered a business agreement with Flanagan’s client
to allow the complainant to have an interest in the client’s business.
No documentation of any transfer of interest was prepared although Flanagan
represented he would do so. Flanagan did not explain his role in the transaction
sufficiently so that the participants could understand either who Flanagan
represented or what his participation would be.
In count two, the
complainant retained Flanagan for representation in a
grievance proceeding before the State Bar. Flanagan failed to communicate
with his client regarding the case or perform any meaningful work in the
matter. He neglected the case.
Flanagan violated Rules 1.01(b),
1.03(a) and (b), and 1.07(a), (b), and
(c). He was ordered to pay $750 in attorney’s fees.
On Sept.
13, Jeffrey C. Grass [#00787581], 40,
of Dallas accepted a 54-month, fully-probated suspension effective Nov.
11, 2002, with stringent conditions. The District 6-A Grievance Committee
found Grass was suspended from the practice of law on April 1, 2002, pursuant
to an agreed judgment of partially-probated suspension dated Feb. 22, 2002,
for a period of 30 days. During the suspension period Grass engaged in the
practice of law in violation of the agreed judgment. In particular, on April
3, 2002, Grass sent to the complainant via fax an agreement to accept legal
representation on a contingent fee basis. Grass violated Rules 8.04(a)(7)
and (a)(11).
On Nov. 1, Mitchell D. Hankins
[#08912700], 46,
of Lubbock accepted an 18-month, fully-probated suspension effective Dec.
1, 2002. The District 16-A Grievance Committee found Hankins entered mediation
on behalf of the complainant in 1997, but after that date the complainant
never received or saw any tangible evidence that Hankins was working on
the case. On March 12, 2002, the complainant wrote Hankins asking about
the case. On March 22, Hankins responded and admitted he had made an error
and the case had been dismissed for want of prosecution. The complainant
called Hankins numerous times between 1997 and 2002. Hankins violated Rules
1.01(b)(1) and (b)(2) and 1.03(a) and (b). He was referred to the Professionalism
Enhancement Program.
On Oct. 4, Blaise Joseph Heaney
[#09330600], 46,
of Bellaire accepted a one-year, partially-probated suspension effective
Dec. 1, 2002, with the first month actively served and the remainder probated.
The District 5-A Grievance Committee found the complainant hired Heaney
for representation on four misdemeanor charges. During the representation,
Heaney became aware that the complainant had given the police his brother’s
name when he was arrested. Heaney did not initially properly reveal to the
court the complainant’s true name. He violated Rules 1.15(a)(1), 3.03(a)(2),
and 8.04(a)(3).
On Sept. 4, Yolanda I. Gonzalez
[#08131950], 48,
of San Antonio accepted a nine-month, partially-probated suspension effective
Dec. 1, 2002, with the first three months actively served and the remainder
probated. The District 10-C Grievance Committee found the complainant hired
Gonzalez to probate a will. Gonzalez neglected the matter, failed to keep
the complainant reasonably informed, and failed to explain the matter to
the extent necessary to allow the complainant to make informed decisions
regarding the representation. Gonzalez failed to timely respond to notice
of the complaint and continued to practice law while administratively suspended.
She violated Rules 1.01(b)(1) and (b)(2), 1.03(a) and (b), and 8.04(a)(8)
and (a)(11). She was ordered to pay $602 in restitution and attorney’s
fees and expenses.
On Oct. 25, Rickey Durante
Jones [#00787791],
41, of San Marcos accepted a 60-month, partially-probated suspension effective
Dec. 24, with the first year actively served and the remainder probated.
The District 9-A Grievance Committee found Jones did not explain the settlement
of a matter to the extent reasonably necessary for his client to make informed
decisions, failed to keep his client’s funds in a trust account separate
from his own funds, disbursed funds from his trust account to persons who
were not entitled to receive such funds, and misapplied funds held on behalf
of a client as a fiduciary, an act that reflects adversely on his trustworthiness.
He violated Rules 1.03(b), 1.14(a) and (c), and 8.04(a)(2).
On Nov.
5, Janet E. Levy [#12265600], 42, of Fort
Worth agreed to a two-year, partially-probated suspension effective Oct.
1, 2002, with the first year actively served and the remainder probated.
The District 7-A Grievance Committee found the complainant retained Levy
for representation in a personal injury case. During the representation,
Levy failed to keep the complainant informed of the status of the case.
She failed to comply with reasonable requests for information. Levy also
settled the case, but failed to promptly deliver the funds to the complainant.
She violated Rules 1.03(a) and 1.14(b).
On Aug. 29, Michael
P. O’Dell [#15192700],
55, of Houston accepted a five-year suspension effective Sept. 1, 2002.
The District 4-G Grievance Committee found that in a previous grievance
matter, dated Dec. 27, 1999, O’Dell agreed to pay $90,000 in restitution.
The first payment of $50,000 was due on June 1, 2000. Subsequent monthly
payments of $1,667 were due on the first day of each month beginning July
1, 2000, and ending July 1, 2002. O’Dell also agreed to pay $500 in
attorney’s fees by July 1, 2000. O’Dell failed to pay restitution
and attorney’s fees as ordered (no payments were made). He violated
Rules 8.04(a)(1) and (a)(7).
On Aug. 22, Linda Irene
Perez [#00798427], 43,
of San Antonio accepted a six-month, partially-probated suspension effective
Sept. 1, 2002, with the first month actively served and the remainder probated.
The District 10-B Grievance Committee found the complainants retained Perez
for representation in a probate matter. Perez failed to keep the complainants
reasonably informed of the status of the probate proceeding, the strategy
for handling the matter, or the legal and factual issues regarding the recovery
of rents. Perez failed to withdraw from the representation when her physical,
mental, and psychological conditions impaired her fitness to represent the
complainants. She failed to formally withdraw from the probate case when
she was serving an active suspension that began March 1, 2002. Perez violated
Rules 1.03(a) and (b), 1.15(a)(1) and (a)(2), and 8.04(a)(11).
On
Aug. 29, William Dean Sheetz [#18180900], 51,
of Dallas accepted a 36-month, fully-probated suspension effective Oct.
1, 2002. The District 6-A Grievance Committee found that on Nov. 5, 1999,
the complainant hired Sheetz for representation in an employment matter.
The complainant provided Sheetz $3,500 to be held in Sheetz’s trust
account for possible future legal fees. In March 2001, the complainant and
his employer resolved all issues regarding the complainant’s employment.
The complainant attempted to contact Sheetz and inform him that his legal
services were no longer needed, and to request a refund of the $3,500. The
complainant discovered Sheetz had moved his office. The complainant located
Sheetz and made several attempts to contact him by telephone, but Sheetz
failed to comply with the complainant’s reasonable requests for information.
In a letter dated May 17, 2001, the complainant requested that Sheetz contact
him regarding the return of the unused retainer. Sheetz agreed to refund
the money, but failed to do so. Markings on the check indicate it had been
cashed instead of being deposited in a trust account. Sheetz violated Rules
1.03(a), 1.14(a) and (b), and 1.15(d). Sheetz was ordered to pay $750 in
attorney’s fees.
On Oct. 22, Oscar Raul Tamez
[#00785081], 38,
of San Antonio received a three-year, partially-probated suspension effective
Dec. 16, 2002, with the first three months actively served and the remainder
probated. The 224th District Court of Bexar County found the complainant
hired Tamez in November or December of 1995 for representation in a personal
injury matter. Over the next several years, Tamez represented the complainant
on a contingent fee basis without obtaining a written contingent fee agreement.
Upon receiving settlement funds in April 2000, Tamez failed to promptly
deliver to the complainant those funds the complainant was entitled to receive.
Tamez also failed to appear at two mediation sessions at the Bexar County
Dispute Resolution Center. Both sessions were scheduled to provide a neutral
site to assist both Tamez and the complainant in the disbursement of the
settlement funds. Tamez violated Rules 1.04(d) and 1.14(b). He was ordered
to pay $4,425 in attorney’s fees and $6,500 in restitution.
On
Sept. 6, Robert Michael Thomas [#00788530],
37, of Allen received a two-year, fully-probated suspension effective Sept.
1, 2002. The District 6-A Grievance Committee found the complainant hired
Thomas to represent her husband in a criminal matter. She paid a $7,500
fee to Thomas’ legal assistant, who kept a portion of the fee for
her personal gain. Thomas was ultimately unable to obtain the desired relief
for the complainant’s husband. Consequently, Thomas agreed to refund
a portion of the paid fee; however, the complainant did not receive a refund.
Thomas violated Rules 1.14(b) and 5.03(a).
PUBLIC REPRIMANDS
On
Sept. 24, Michael H. Bassett [#01890500], 41,
of Dallas accepted a public reprimand. The District 6-A Grievance Committee
found that in August 2002, Bassett pleaded guilty to misprision of a felony.
The felony involved failure to notify authorities of the embezzlement of
funds by a former employee of Bassett’s client, a transport company.
The employee issued five checks, totaling $10,165, drafted on the company’s
account and made payable to the employee, as part of an ongoing scheme to
fraudulently take money from the company. Bassett cashed the checks and
returned the money to the employee for the employee’s individual use.
Bassett failed to disclose to the company information regarding the fraudulent
use of the company’s money, when such a disclosure was necessary to
avoid making Bassett a party to a criminal act. Bassett also knowingly assisted
the fraudulent act. Bassett failed to hold funds belonging to the company
separately from his own property, and failed to promptly notify the company
of this action. Bassett also engaged in conduct involving dishonesty, fraud,
deceit, or misrepresentation. He violated Rules 1.14(a) and (b), 4.01(b),
and 8.04(a)(8).
On Oct. 16, James H. Shaw
[#18144500], 52, of
Fort Worth agreed to a public reprimand. The District 7-A Grievance Committee
found Shaw failed to respond to notice of a complaint from the committee.
He violated Rule 8.04(a)(8).
On Oct. 11, Benedict John
Capelle [#03774400],
51, of Dallas agreed to a public reprimand. The District 6-A Grievance Committee
found Capelle simultaneously provided legal representation to two homeowner’s
associations, which were involved in a dispute over the validity of an easement.
He violated Rules 1.06 and 1.07. Capelle paid $750 in attorney’s fees.
On Aug. 12, James Jeffery Crook [#05111000],
64,
of El Paso received a public reprimand. The County Court at Law No. 3 of
El Paso County found that in one matter, Crook was employed to represent
three complainants in personal injury matters arising from an automobile
accident. During the representation, the insurance carrier made an offer
of settlement but Crook failed to inform the complainants that settlement
negotiations were underway or inform the complainants of the settlement
offer. Crook accepted the settlement offer without consulting the complainants.
He failed to properly communicate with the complainants by failing to respond
to their numerous requests for information regarding the status of the case.
In a second matter, Crook was hired to represent a complainant in a
personal
injury matter arising from an automobile accident. Crook failed to keep
the complainant informed of the status of the case or advise the complainant
that settlement negotiations were taking place, that an offer of settlement
had been made, or of the amount of the settlement offer. Once Crook received
the settlement checks, the complainant was called in and advised for the
first time of the settlement amount. In making a distribution to the complainant,
Crook did not abide by the terms of the employment contract.
Crook
violated Rules 1.02(a)(1) and (a)(2), 1.03(a) and (b), and 5.04(a).
He was ordered to pay $1,500 in attorney’s fees.
On Jan. 25,
2002, Richard S. Browne [#03216300],
47, of Houston accepted a public reprimand. The District 4-H Grievance Committee
found Browne failed to properly handle an insurance matter for a client.
He violated Rule 1.03(b).
On Oct. 24, Ray Matthews
[#13210000], 62, of Houston
received a public reprimand. The 215th District Court of Harris County found
Matthews was retained for representation in an appeal matter. He failed
to respond to numerous requests regarding the status of the filing of a
brief. He failed to explain the matter to the client. Matthews violated
Rules 1.01(b)(1), (b)(2), and (c), 1.03(a) and (b), and 1.15(d). He agreed
to pay $1,000 in attorney’s fees.
On Sept. 5, Servando
James Mchazlett [#00795742],
37, of San Antonio accepted a public reprimand. The District 10-B Grievance
Committee found the complainant and siblings retained Mchazlett for representation
in probating their father’s estate. Mchazlett continued employment
in the matter, which was beyond his competence, without the assistance of
another lawyer competent to handle the matter. He did not fully prosecute
the matter. During the representation, Mchazlett failed to keep the complainant
reasonably informed of the status of the matter or promptly comply with
the complainant's resonable requests for information. Mchazlett failed to
withdraw from the representation would result in a violation of the applicable
rules of professional conduct. Mchazlett violated Rules 1.01(a) and (b)(1),
1.03(a), and (b), and 1.15(a)(1). He was ordered to pay $1,500 in restitution.
On Nov. 6, Daniel J. Shea [#18163580], 59
of Houston
accepted a public reprimand. The District 4-G Grievance Committee found
a client hired Shea for representation in a civil lawsuit against her son.
The complainant was then hospitalized, and while hospitalized she signed
a durable power of attorney wherein she named Shea her attorney-in-fact.
Based on the powers delegated him through the power of attorney, on several
occasions after the client's discharge from the hospital, She borrowed money
from the client. He failed to fully disclose the terms of the loans to the
client, the terms of which were not fair and reasonable to the client; failed
to advise the client of the opportunity to seek independent counsel; and
failed to obtain the client's consent in writing. She violated Rules 1.08(a)(1),
(a)(2), (a)(3), and (b).