January 2004

Reinstatements
Resignations
Disbarments
Suspensions
Public Reprimands

General questions regarding attorney discipline should be directed to the Chief Disciplinary Counsel's Office, toll-free (877)953-5535 or (512) 453-5535. The Board of Disciplinary Appeals may be reached at (800)204-2222 or (512)463-1463, Ext. 2137. The State Commission on Judicial Conduct may be contacted toll-free, (877)228-5750 or (512) 463-5533. Please note that persons disciplined by the Commission on Judicial Conduct are not necessarily licensed attorneys.

Reinstatements

Paul L. Dickerson [#05828900], 42, of Texarkana, has filed a petition in district court in Bowie County for reinstatement as a member of the State Bar of Texas.

Resignations

On Sept. 24, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Donald E. Pervis [#158115300], 58, of Sarasota, Fla. The court found that on April 7, 2003, Pervis signed a petition for resignation from the Florida Bar in lieu of disciplinary action relating to several personal injury matters.

In three separate cases, Pervis withheld settlement funds to be paid to medical providers and failed to pay the medical providers until grievances were filed against him. In one of the cases, Pervis' trust account records were found to not be in compliance with the rules regulating the Florida Bar.

In a fourth case, Pervis failed to honor a letter of protection for medical services provided in a case.

In a fifth case, Pervis failed to diligently pursue representation or adequately communicate the status of the matter to the client.

In a sixth case, Pervis missed the statute of limitations for filing suit.

Pervis' disciplinary resignation for the cited misconduct subjects him to reciprocal discipline pursuant to Part IX of the Texas Rules of Disciplinary Conduct

On Aug. 19, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Michael C. Prior [#16333500], 45, of Houston. The court found Prior violated the terms of a disciplinary probation entered on July 29, 1999, which required him to pay $9,095 in restitution by Feb. 1, 2002. To date, those monies have not been paid. Additionally, Prior violated Rule 8.04(a)(7). He was ordered to pay $9,095 in restitution as an absolute condition precedent to reinstatement.

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Disbarments

On Sept. 15, Allan R. Hawkins [#09245800], 53, of Scottsdale, Ariz., was disbarred. An evidentiary panel of the District 16-B Grievance Committee found Hawkins failed to comply with the terms of a probation entered by the 385th District Court of Midland County on Aug. 28, 1997. The State Bar Office of the Chief Disciplinary Counsel informed Hawkins twice by mail of his unfulfilled obligations, but he did not respond. He also failed to respond to notice of the complaint. Hawkins violated Rules 8.04(a)(7) and (a)(8). He was ordered to pay $2,512.50 in attorney's fees and $867.39 in costs.

On Oct. 1, 2003, Robert A. Kugle [#11755500], 54, of San Antonio was disbarred. An evidentiary panel of the District 10-C Grievance Committee found that in one matter, Kugle's firm was retained to represent the complainant before the Social Security Administration. Kugle permitted associates in his firm to neglect the matter. He failed to respond to numerous requests for information from the complainant. He also failed to timely respond to notice of the complaint. In a second matter, Kugle knowingly filed suit alleging that a defective steering coupler had failed, thus causing an automobile accident, when he knew there was no reasonable basis for the allegations. He unreasonably increased the costs of the case and knowingly made false statements of material fact, including a false statement of material fact to a third party. Kugle unlawfully obstructed the defendants' access to evidence and concealed material that had evidentiary value. He engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation, and, as supervising lawyer, ordered, encouraged, or knowingly permitted his fellow attorneys to do the same.

Kugle violated Rules 1.01(b)(1), 1.03(a), 1.15(a), 3.01, 3.03(a)(1) and (a)(2), 3.04(a), 4.01(a) and (b), 5.01(a), and 8.04(a)(1), (a)(2), (a)(3), (a)(4), and (a)(8).

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Suspensions

On June 27, William Gary Nellis [#90001643], 34, of Dallas received a six-month, fully-probated suspension effective Aug. 1, 2003. The District 6-A Grievance Committee found Nellis was retained in a construction matter. The complainant experienced numerous construction problems associated with the purchase of a new home. The complainant attempted to have the builder make the needed repairs during the period the house was under warranty, but the builder failed to make the repairs. Nellis failed to provide any meaningful legal services on the complainant's behalf or file a lawsuit as requested. The complainant paid Nellis $5,000, believing this to be the full amount owed for the representation. He later learned he was obligated by contract to pay the $5,000 (which was non-refundable) plus an additional hourly rate of $250 after the first 25 hours. In addition, he was to be charged one-third of any settlement amount prior to filing suit and 40 percent of any judgment after the filing of the lawsuit. On Aug. 14, 2002, Nellis requested an additional $2,500 to further prosecute the case. The complainant declined to pay the additional amount, so Nellis withdrew from the case. The complainant requested an accounting of attorney's fees and the return of the file. The accounting revealed that the complainant was charged attorney rate time for secretarial work. Nellis violated Rules 1.01(b)(2) and 1.04(a). He was ordered to pay $750 in attorney's fees and $5,000 in restitution.

On July 28, Todd R. Phillippi [#00790178], 43, of Midlothian received a one-year, fully-probated suspension effective Sept. 1, 2003. The 40th District Court of Ellis County found Phillippi violated Rules 1.03(b), 1.14(a) and (b), 1.15(d), and 8.04(a)(3). He was ordered to pay $9,519.25 in attorney's fees, direct expenses, and court costs.

On Sept. 8, Bryan L. Walter [#20811230], 43, of McKinney received a three-year, partially-probated suspension effective Oct. 10, 2003, with the first two months actively served and the remainder probated. The 401st District Court of Collin County found that in one matter, Walter failed to keep his client reasonably informed about the status of the matter or promptly deliver funds in which his client had an interest.

In a second matter, Walter failed to keep his client reasonably informed about the status of the matter or timely respond to notice of the complaint.

In a third matter, Walter engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Walter violated Rules 1.03(a), 1.14(b), and 8.04(a)(3) and (a)(8). He was ordered to pay $3,000 in attorney's fees and $3,035.53 in expenses. He was also referred to the Professionalism Enhancement Program and ordered to complete an additional three hours of ethics CLE and participate in an anger management program. Walter is appealing the decision.

On Sept. 25, John Dalton Chappelle [#00790018], 51, of Dallas received a four-year active suspension effective Oct. 1, 2003. An evidentiary panel of the District 6-A Grievance Committee found that in one matter, Chappelle was retained to handle several legal matters. Chappelle moved his office, but failed to notify the client or provide a forwarding address. He failed to respond to the client's reasonable requests for information, provide the legal services he was hired to perform, or respond to the client's request for a return of documents.

In a second matter, Chappelle was retained in a business litigation matter. He failed to respond to the client's request for the return of her file.

In both matters, he failed to respond to notice of the complaint. Chappelle violated Rules 1.01(b)(1) and (b)(2), 1.03(a), 1.15(d), and 8.04(a)(8). He was ordered to pay $2,525 in attorney's fees and $673.32 in costs.

On Oct. 27, Valda Combs-Jordan [#04639400], 47, of Fort Worth received a one-year active suspension effective Oct. 15, 2003. The District 5-A Grievance Committee found Combs-Jordan was retained to represent the complainant's son in a criminal matter, for which she was paid $750. On Dec. 19, 2000, Combs-Jordan failed to appear at a hearing and the complainant was forced to hire other counsel. Combs-Jordan failed to timely respond to notice of the complaint. She also failed to respond to two verbal requests from the committee for additional information. Combs-Jordan violated Rules 8.01(b) and 8.04(a)(1) and (a)(8).

On Sept. 3, David Lashford [#11966850], 52, of Texarkana received a two-year, partially-probated suspension effective Oct. 15, with the first month actively served and the remainder probated. An evidentiary panel of the District 1-B Grievance Committee found Lashford failed to respond to notice of the complaint. He was notified of the evidentiary hearing, but failed to show. Lashford violated Rule 8.04(a)(8). He was ordered to pay $1,825 in attorney's fees and $471.53 in costs. He was also ordered to take five hours of ethics CLE.

On Sept. 11, Ronald Glen Mitchell [#14220600], 49, of Houston, received a one-year active suspension effective Nov. 1, 2005. The District 4-A Grievance Committee found Mitchell was retained in a civil matter, for which he was paid $1,250. Mitchell neglected the legal matter and failed to carry out completely the obligations owed his client. He failed to keep his client informed of the status of the matter or respond to notice of the complaint. Mitchell violated Rules 1.01(b)(1) and (b)(2), 1.03(a) and (b), and 8.04(a)(8). He was ordered to pay $1,250 in restitution and $150 in attorney's fees.

On Sept. 30, Michael Chuckwudi Nwosu [#15148300], 46, of Houston received a six-month, fully-probated suspension effective Nov. 1, 2003. The District 4-E Grievance Committee found Nwosu engaged in the practice of law while administratively suspended for nonpayment of dues and attorney occupation taxes. He violated Rule 8.04(a)(11).

On Oct. 30, Steven C. Simmons [#18373300], 49, of Houston received a six-month active suspension effective Nov. 15, 2003. An evidentiary panel of the District 6-B Grievance Committee found Simmons accepted or continued employment in a legal matter which he knew or should have known was beyond his competence, neglected a legal matter entrusted to him, and frequently failed to carry out the obligations owed his client. He failed to abide by his client's decisions concerning the objectives of the representation, keep his client reasonably informed about the status of a matter, promptly comply with his client's reasonable requests for information, or explain the matter to the extent reasonably necessary to permit his client to make informed decisions regarding the representation. Simmons brought or defended a proceeding without a reasonable belief that there was a basis for doing so that was not frivolous. He took a position in the course of litigation that unreasonably increased the costs of the case or that unreasonably delayed the resolution of the matter, knowingly made a false statement of material fact or law to a tribunal, and knowingly failed to respond to a lawful demand for information from a disciplinary authority. Simmons engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation and knowingly assisted or induced another to do so. He failed to timely respond to notice of the complaint. Simmons violated Rules 1.01(a), (b)(1), and (b)(2), 1.02(a)(1), 1.03(a) and (b), 3.01, 3.02, 3.03(a)(1), 8.01(b), and 8.04(a)(1), (a)(3), and (a)(8). He was ordered to pay $6,000 in restitution, $5,150 in attorney's fees, and $840 in costs.

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Public Reprimands

On Sept. 23, J. Rex Barnett [#01782120], 48, of Fort Worth accepted a public reprimand. The District 7-A Grievance Committee found Barnett was retained in a criminal matter. During the course of the representation, he failed to return the complainant's telephone calls requesting the status of her son's case. Barnett failed to timely respond to notice of the complaint. He violated Rules 1.03(a) and 8.04(a)(8). He was ordered to pay $750 in attorney's fees.

On Oct. 3, John A. Clark [#04286800], 50, of Houston accepted a public reprimand. The District 4-E Grievance Committee found Clark was retained in a criminal matter. He failed to keep his client informed about the status of the case. Clark failed to timely respond to notice of the complaint. He violated Rules 8.01(b) and 8.04(a)(8).

On May 28, William J. Frame III [#00031994], 40, of Canyon Lake accepted a public reprimand. The District 10-A Grievance Committee found Frame was retained to pursue four collection matters. He was paid $100 for each, but did no substantial work on any of them and failed to return the client's files or unused retainer. Frame violated Rules 1.01(b)(1), 1.03(a), and 1.15(d). He was ordered to pay $400 in restitution and $100 in attorney's fees.

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