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
(512) 475-1578. Information and copies of actual orders are available at
www.txboda.org.
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.
On Oct. 1, 2013,
McCuller C. Stephens III [#19158750], 56, of Houston,
filed a petition in the 295th District Court of Harris County (Cause
No. 2013-58703) for reinstatement as a member of the State Bar of Texas.
SUSPENSIONS
A notice in the October issue indicated that
David Patrick Smitherman [#24027992], 39, of Houston,
received a three-year partially probated suspension on July 19, 2013,
and that Smitherman had filed a notice of appeal. As the result of an
order signed by the trial judge, the sanctions set forth in the judgment
have been stayed during the pendency of the appeal, so that Smitherman
has not been placed on suspension. At all times since the judgment was
signed on July 19, Smitherman has been in good standing with the Bar,
and he remains in good standing at the present time.
On Sept. 5, 2013,
Quinon A. Brooker [#24053771], 36, of Houston,
accepted a one-year fully probated suspension effective Aug. 15, 2013.
An evidentiary panel of the District 4 Grievance Committee found that in
representing his client, Brooker neglected the legal matter entrusted
to him. Brooker failed to keep his client reasonably informed about the
status of her civil suit and failed to promptly comply with reasonable
requests for information. Brooker violated Rules 1.01(b)(1) and 1.03(a).
He was ordered to pay $2,500 in restitution and $1,000 in attorneys’
fees and direct expenses.
REST OF THE STATE
DISBARMENTS
On June 28, 2013,
Craig F. Sandling [#17621700], 59, of Austin,
was disbarred. An evidentiary panel of the District 9 Grievance
Committee found that complainant hired Sandling on or about March 9,
2012, to secure his release from jail and to represent him in five
criminal cases. Complainant paid Sandling $29,500, of which $20,000 was
an advanced fee for Sandling to represent complainant in the criminal
cases, and the remaining $9,500 was paid to a bail bonds company to
secure complainant’s release from jail. Sandling did not deposit any of
the fees paid for complainant’s representation into a trust or escrow
account. Complainant terminated the representation shortly thereafter
and requested a refund of unearned fees. Sandling did minimal work to
obtain complainant’s release but did not enter a notice of appearance in
any of his cases. Sandling failed to return any unearned fees. Sandling
violated Rules 1.14(a), 1.14(c), 1.15(d), and 8.04(a)(1). Sandling was
ordered to pay $19,500 in restitution and $9,551.94 in attorneys’ fees
and expenses. Sandling has filed an appeal.
RESIGNATIONS
On Sept. 30, 2013, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of
Alto V. Watson III [#20932800], 53, of Beaumont.
While employed at a law firm, Watson wrongfully billed clients
separately for his services and personally accepted client funds meant
for the law firm and deposited the funds into his personal accounts for
his own use and benefit. Additionally, on Aug. 5, 2013, Watson was
placed on five years deferred adjudication for the offense of theft. As
part of the terms of supervision, Watson was ordered to pay restitution
in the amount of $29,320 and was also ordered to surrender his law
license to the State Bar of Texas. Watson violated Rules 1.14(a),
1.14(b), 8.04(a)(2), and 8.04(a)(3).
SUSPENSIONS
On Aug. 21, 2013,
Stuart L. Leeds [#12151500], 58, of El Paso,
agreed to a five-month active suspension effective Aug. 1, 2013. The
District 17 Grievance Committee found Leeds unreasonably increased the
cost and burdens of the case or unreasonably delayed resolution of the
matter. Leeds violated Rule 3.02 and was ordered to pay $1,500 in
attorneys’ fees and direct expenses.
On Aug. 6, 2013,
Allyson A. Egan Rowe [#24030173], 48, of Round Rock,
received a two-year partially probated suspension effective Oct. 1,
2013, with six months actively suspended and the remainder probated. An
evidentiary panel of the District 8 Grievance Committee found that on
Feb. 7, 2012, Rowe was convicted of assault by strangulation/family
violence, a third-degree felony, and was sentenced to 10 years in the
Texas Department of Criminal Justice, said sentence being probated for a
period of five years subject to conditions of supervision imposed by
the court. In early April 2011, Rowe, knowing that a criminal
investigation or official proceeding was pending or in progress on the
above-referenced matter, prepared and presented an affidavit for a
family member that contained materially false statements concerning
evidence of the assault/family violence incident, with the intent to
have the family member sign the affidavit and to present it to
authorities during the investigation. The family member refused to sign
the affidavit. The affidavit prepared by Rowe contained materially false
statements concerning evidence of the assault/family violence incident
that resulted in Rowe’s conviction as referenced above. Rowe violated
Rules 8.04(a)(2) and 8.04(a)(3). She was ordered to pay $1,199.02 in
direct expenses.
On Aug. 23, 2013,
Jacques Evan Trevino [#00797571], 45, of Edinburg,
received a seven-year partially probated suspension effective Oct. 8,
2013, with the first two years actively served and the remainder
probated. The District 12 Grievance Committee found Trevino failed to
keep client funds separate from his personal property, failed to
promptly deliver funds, failed to ensure a non-lawyer staff member’s
conduct was compatible with his professional obligations, and engaged in
conduct involving misrepresentation. Notice of appeal received. Trevino
violated Rules 1.14(a), 1.14(b), 1.14(c), 5.03(a), 5.03(b), and
8.04(a)(3) and was ordered to pay $91,667 in restitution and $3,477.60
in attorneys’ fees and direct expenses.
On Sept. 13, 2013,
Brian Anthony Hamner [#24041050], 37, of San Antonio,
accepted an 18-month fully probated suspension effective Sept. 18,
2013. The District 10 Grievance Committee found Hamner neglected a
client matter, failed to communicate with a client, and failed to refund
the unearned portion of a legal fee. Hamner violated Rules 1.01(b)(1),
1.03(a), 1.03(b), and 1.15(d) and was ordered to pay $2,050 in
restitution and $800 in attorneys’ fees and direct expenses.
On Aug. 21, 2013,
Jennifer Lee Parks [#24056095], 32, of Fort Worth,
received a five-year probated suspension effective Aug. 14, 2013. An
evidentiary panel of the District 7 Grievance Committee found that Parks
was hired to represent a client in a bankruptcy matter. Parks neglected
the legal matter entrusted to her by failing to file the bankruptcy on
her client’s behalf. Further, Parks failed to keep the client reasonably
informed about the status of the matter and failed to promptly comply
with reasonable requests for information from the client. Upon
termination of the representation, Parks failed to refund advance
payments of fees that had not been earned. Parks violated Rules
1.01(b)(1), 1.03(a), and 1.15(d). She was ordered to pay $2,650 in
restitution, $2,212.50 in attorneys’ fees, and $307.42 direct expenses.
On Sept. 11, 2013,
Perry Don Cortese [#00790508], 50, of Little River Academy,
received a three-month fully probated suspension effective Sept. 15,
2013. The 169th District Court of Bell County found that Cortese
violated Rule 1.14(a) [requiring a lawyer to hold funds and other
property belonging in whole or in part to clients or third persons that
are in a lawyer’s possession in connection with a representation
separate from the lawyer’s own property], Rule 1.15(d) [requiring a
lawyer upon termination of representation to take steps to the extent
reasonably practicable to protect a client’s interests, such as giving
reasonable notice to the client, allowing time for employment of other
counsel, surrendering papers and property to which the client is
entitled, and refunding any advance payments of fee that has not been
earned], and Rule 8.04(a)(1) [prohibiting lawyers from violating the
disciplinary rules]. Cortese was ordered to pay $700 in attorneys’ fees
and costs.
On Sept. 6, 2013,
Rogelio Vargas [#00791848], 46, of San Antonio,
accepted a four-year fully probated suspension effective Oct. 31, 2013.
The District 10 Grievance Committee found Vargas neglected client
matters, failed to keep clients reasonably informed, failed to return
unearned fees, and failed to timely respond to grievances. Vargas
violated Rules 1.01(b)(1), 1.03(a), 1.03(b), 1.15(d), and 8.04(a)(8) and
was ordered to pay $14,300 in restitution and $800 in attorneys’ fees
and direct expenses.
On Aug. 19, 2013,
Stephen Mark Naslund [#14812600], 56, of Amarillo,
received an 18-month active suspension effective Aug. 9, 2013. An
evidentiary panel of the District 13 Grievance Committee found that
Naslund failed to pay attorneys’ fees and costs as required under a Dec.
20, 2010, default judgment of partially probated suspension.
Additionally, Naslund failed to complete five additional hours of
continuing legal education in the area of ethics as required under the
judgment. Finally, Naslund failed to furnish to the Chief Disciplinary
Counsel’s office a response or other information as required by the
Texas Rules of Disciplinary Procedure, or assert any grounds for his
failure to do so. Naslund violated Rules 8.04(a)(7) and 8.04(a)(8). He
was ordered to pay $1,000 in attorneys’ fees and $707.37 in direct
expenses.
PUBLIC REPRIMANDS
On Aug. 30, 2013,
Joy M. Thomas [#00798004], 48, of Fort Worth,
accepted an agreed judgment of public reprimand. An evidentiary panel
of the District 7 Grievance Committee found that on Feb. 1, 2008, Thomas
was hired by complainant to represent her father in a personal injury
matter. In representing complainant’s father, Thomas neglected the legal
matter entrusted to her by failing to completely and timely answer
discovery, causing the case to be dismissed. In representing
complainant’s father, Thomas frequently failed to carry out completely
the obligations Thomas owed to complainant’s father. Thomas failed to
keep complainant and her father reasonably informed about the status of
the personal injury matter. Thomas failed to promptly comply with
reasonable requests for information from complainant and her father
about the personal injury matter. Thomas failed to explain the personal
injury matter to the extent reasonably necessary to permit complainant
and her father to make informed decisions regarding the representation.
Thomas violated Rules 1.01(b)(1), 1.01(b)(2), 1.03(a), and 1.03(b). She
was ordered to pay $1,373.91 in attorneys’ fees and direct expenses.
On Sept. 11, 2013,
Glen M. Crocker [#24001445], 43, of Beaumont,
accepted an agreed judgment of public reprimand. An evidentiary panel
of the District 3 Grievance Committee found that Crocker neglected his
client’s case and failed to keep his client reasonably informed about
the status of the case. Upon termination of the representation, Crocker
failed to refund any of the unearned fees. Crocker violated Rules
1.01(b)(1), 1.03(a), and 1.15(d). Crocker was ordered to pay $1,500 in
restitution and $1,125.26 in attorneys’ fees and direct expenses.
On Sept. 11, 2013,
Mark Anthony Davis [#24012509], 42, of Victoria,
accepted a public reprimand. The District 11 Grievance Committee found
Davis failed to refund unearned fees and failed to respond to the
grievance. Davis violated Rules 1.15(d) and 8.04(a)(8).
On Sept. 6, 2013,
Rene O. Oliveira [#15254700], 58, of Brownsville,
accepted a public reprimand. An evidentiary panel of the District 12
Grievance Committee found Oliveira engaged in an ex parte communication
with a judge without notice to and outside the presence of counsel for
the opposing party. Oliveira violated Rule 3.05(b) and agreed to pay
$1,500 in attorneys’ fees and direct expenses.
