39 Texas Lawyers Disciplined

Disciplinary Actions — September & October  2014 State Bar list (verbatim from the State Bar of Texas)

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.

HOUSTON AREA DISCIPLINE

DISBARMENT
On April 9, 2014, Don D. Becker [#02012888], 60, of Houston, was disbarred. An evidentiary panel of the District 4 Grievance Committee found that in two separate matters Becker neglected the legal matters entrusted to him, failed to keep his clients reasonably informed about the status of their legal matters, failed to promptly comply with reasonable requests for information, and upon termination of representation, failed to refund advance payments of fee that had not been earned. Becker also failed to timely furnish to the Office of Chief Disciplinary Counsel responses or other information as required by the rules and failed to comply with section 13.01 of the rules relating to the notification of his cessation of practice. Becker violated Rules 1.01(b)(1), 1.03(a), 1.15(d), 8.04(a)(8), and 8.04(a)(10). He was ordered to pay $6,500.00 in restitution and $1,640.00 in attorneys’ fees and direct expenses. Becker did not file an appeal.

SUSPENSIONS
On May 9, 2014, Joseph Campbell Schultz [#24041886], 37, of Bellaire, accepted a two-year partially probated suspension effective June 1, 2014, with the first six months actively suspended and the remainder probated. An evidentiary panel of the District 4 Grievance Committee found that, among four different matters, Schultz neglected a legal matter entrusted to him, failed to keep clients reasonably informed about the status of their legal matters, failed to promptly comply with reasonable requests for information, failed to keep funds belonging to third parties in a trust account, and failed to promptly deliver to third parties funds that they were entitled to receive. Schultz violated Rules 1.01(b)(1), 1.03(a), 1.14(a), and 1.14(b). He was ordered to pay $2,475 in attorneys’ fees and $536.66 in direct expenses.

On June 6, 2014, Jeffrey Scott Barry [#24036193], 40, of Houston, accepted a two-year partially pro-bated suspension effective June 13, 2014, with the first year actively suspended and the remainder probated. An evidentiary panel of the District 4 Grievance Committee found that in representing his client, Barry neglected the legal matter entrusted to him, failed to keep his client reasonably informed about the status of the case and failed to promptly comply with reasonable requests for information, and failed to explain the legal matter to the extent reasonably necessary to permit his client to make informed decisions regarding the representation. Upon termination of representation, Barry failed to refund advance payments of fee that had not been earned and also violated a prior disciplinary judgment. Barry violated Rules 1.01(b)(1), 1.03(a), 1.03(b), 1.15(d), and 8.04(a)(7). He was ordered to pay $3,150 in restitution, $250 in attorneys’ fees, and $70 in direct expenses.

On June 4, 2014, Timothy Wayne Weltin [#24008260], 48, of Houston, agreed to an 18-month fully probated suspension effective June 1, 2014. An evidentiary panel of the District 4 Grievance Committee found that in representing his client, Weltin neglected the legal matter entrusted to him, failed to keep his client reasonably informed about the status of his legal matter and failed to comply with reasonable requests for information, failed to hold funds belonging to his client that were in Weltin’s possession separate from his own property, and failed to promptly deliver to his client funds that the client was entitled to receive. Weltin violated Rules 1.01(b)(1), 1.03(a), 1.14(a), and 1.14(b). He was ordered to pay $500 in attorneys’ fees.

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39 Texas Lawyers Disciplined