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.
(Note – The Public Affairs Counsel for the Office of the Chief Disciplinary Counsel reports there was no August disciplinary list)
Houston area discipline:(Note – The Public Affairs Counsel for the Office of the Chief Disciplinary Counsel reports there was no August disciplinary list)
SUSPENSIONS
On July 6, 2015, Calvin C. Braun Jr. [#00783713], 48, of Houston, accepted a two-year active suspension effective July 15, 2015. The 125th District Court of Harris County found that Braun violated Rule 8.04(a)(3) [engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation].
Braun was ordered to pay $1,320 in attorneys’ fees and direct expenses.
On June 2, 2015, David A. Chaumette [#00787235], 47, of Houston, received a 33-month partially probated suspension effective August 1, 2015, with the first nine months actively suspended and the remainder probated. An evidentiary panel of the District 4 Grievance Committee found that in representing Five Oaks Achievement Center, Chaumette neglected the legal matter entrusted to him, failed to keep his client reasonably informed about the status of the legal matter, and failed to promptly comply with reasonable requests for information. Chaumette also failed to hold in a trust funds belonging in whole or in part to Five Oaks Achievement Center and Whispering Hills Achievement Center that were in his possession in connection with his representation of those entities and failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required by the Texas Rules of Disciplinary Procedure. Chaumette violated Rules 1.01(b)(1), 1.03(a), 1.14(a), and 8.04(a)(8). He was ordered to pay $2,575 in attorneys’ fees and $521.79 in direct expenses.
Chaumette did not appeal.
Rest of Texas
JUDICIAL ACTIONS
On May 14, 2015, the State Commission on Judicial Conduct issued a public admonition to Madolyn C. Johnson, former municipal court judge of Valley Mills, Bosque County. Johnson violated Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.
On April 30, 2015, the State Commission on Judicial Conduct issued a public admonition to Etta Mullin, former judge of the County Criminal Court No. 5 in Dallas, Dallas County. Mullin violated Canons 2A and 3B(4) of the Texas Code of Judicial Conduct and Article V, §1-a(6)A of the Texas Constitution.
On May 11, 2015, the State Commission on Judicial Conduct issued a public admonition and order of additional education to Carter Tinsley Schildknecht, judge of the 106th District Court in Lamesa, Dawson County. Schildknecht violated Can-ons 2A, 3B(2), 3B(4), and 3B(6) of the Texas Code of Judicial Conduct. Schildknecht must obtain four hours of instruction with a mentor in addition to her required judicial education for fiscal year 2015.
RESIGNATIONS
On June 2, 2015, the Supreme Court of Texas accepted the resignation in lieu of discipline of Amy Louise Monkman [#24034301], 59, of Istanbul, Turkey. At the time of Monkman’s resignation, there was one disciplinary matter pending alleging that Monkman shared immigration legal fees with non-lawyers, failed to properly supervise non-lawyer employees, assisted non-lawyers in the unauthorized practice of law, and failed to hold fees in a trust account until earned.
It is alleged that Monkman vio-lated Rules 1.14(a), 5.03, 5.04(a), and 5.05(b).
SUSPENSIONS
On June 4, 2015, Nathan Henry Chu [#24038818], 39, of Laredo, received a nine-month fully probated suspension effective July 1, 2015. The District 12 Grievance Committee found that Chu failed to keep a client reasonably informed, represented opposing parties in the same litigation, represented a person in a substantially related matter in which that person’s interests were materially adverse to the interests of another client, represented a client in a matter and thereafter represented another person in a matter adverse to the former client when it was the same or a substantially related matter, and engaged in conduct involving dishonesty, fraud, deceit, and misrepresentation.
Chu violated Rules 1.03(a), 1.03(b), 1.06(a), 1.06(b), 1.09(a), and 8.04(a)(3) and was ordered to pay $3,885 in attorneys’ fees and direct expenses.
On May 14, 2015, Chelsea L. Davis [#24059652], 33, of Princeton, received a judgment of indefinite disability suspension effective immediately. The District Disability Committee found that Davis suffers from a disability that results in her inability to practice law, provide client services, complete contracts of employment, or otherwise carry out her professional responsibilities to clients, courts, the profession, or the public.
On July 10, 2015, Mark Anthony Davis [#24012509], 44, of Victoria, accepted a six-month fully probated suspension effective July 1, 2015. The District 11 Grievance Committee found that Davis failed to communicate with his client and failed to respond to the grievance.
Davis violated Rules 1.03(a) and 8.04(a)(8) and was ordered to pay $800 in attorneys’ fees and direct expenses.
On June 29, 2015, Mark Allen Land [#11860425], 55, of Austin, received a two-year partially probated suspension effective May 1, 2015, with the first three months actively suspended and the remainder probated. An evidentiary panel of the District 9 Grievance Committee found that on March 15, 2012, the complainant hired Land to defend Alpine Insurance in a lawsuit filed by AT&T Advertising Solutions to collect a debt. Land was served with requests for disclosure. When he did not respond, AT&T’s counsel emailed Land a reminder that the responses were due. Land never responded to the requests for disclosure. Land received AT&T’s summary judgment motion and notice of the summary judgment hearing via certified mail, but the notice was returned. AT&T’s counsel also notified Land via email that the sum-mary judgment motion was set for May 20, 2013. Land responded that the May 20 hearing date was acceptable. Land failed to file a response to the summary judgment motion and failed to attend the summary judgment hearing. AT&T’s summary judgment motion was granted and a judgment of $52,126 was entered against Land’s client.
Land violated Rules 1.01(b)(1) and 8.04(a)(1). He was ordered to pay $3,113.32 in attorneys’ fees and direct expenses.
On May 4, 2015, Daniel Montalvo [#00795538], 45, of Dallas, received a 24-month partially probated suspension effective November 1, 2015, with the first six months actively suspended and the remainder probated. An evidentiary panel of the District 6 Grievance Committee found that in representing the complainant concerning a probation violation, Montalvo neglected the legal matter entrusted to him by failing to appear at a hearing. Upon termination of representation, Montalvo failed to refund advance payments of fees that had not been earned. Montalvo engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation by providing a check to the complainant that was returned for “not sufficient funds.” Montalvo failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required by the Texas Rules of Disciplinary Procedure. Montalvo did not in good faith timely assert any grounds for his failure to do so.
Montalvo violated Rules 1.01(b)(1), 1.15(d), 8.04(a)(3), and 8.04(a)(8). He was ordered to pay $1,500 in restitution and $1,903.43 in attorneys’ fees and direct expenses.
On May 4, 2015, Daniel Montalvo [#00795538], 45, of Dallas, received a 24-month partially probated suspension effective May 1, 2015, with the first six months actively suspended and the remainder probated. An evidentiary panel of the District 6 Grievance Committee found that in representing the complainant’s son in a criminal matter, Montalvo neglected the legal matter entrusted to him by performing no substantive legal work and by failing to enter an appearance. Montalvo failed to keep the complainant reasonably informed about the status of the criminal matter. Montalvo failed to promptly comply with reasonable requests for information from the complainant about the criminal matter. Upon termination of representation, Montalvo failed to refund advance payments of fees that had not been earned. He failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required by the Texas Rules of Disciplinary Procedure. Montalvo did not in good faith timely assert any grounds for his failure to do so. Montalvo violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(8). He was ordered to pay $7,000 in restitution and $2,323.11 in attorneys’ fees and direct expenses.
On June 17, 2015, Patrick Phillip Robertson [#00792804], 45, of Dallas, received a three-year active suspension effective July 1, 2015. An evidentiary panel of the District 6 Grievance Committee found that in representing complainants, Robertson neglected the legal matters entrusted to him and failed to promptly comply with reasonable requests for information. Robertson failed to withdraw from rep- resenting complainants when his physical condition materially impaired his fitness to represent complainants. Upon termination of representation, Robertson failed to return papers and property and refund advance payments of fees that had not been earned. Robertson failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required by the Texas Rules of Disciplinary Procedure. Further, Robertson en-gaged in conduct involving dishonesty, fraud, deceit, or misrepresentation by suggesting to a complainant that he and the complainant’s previous attorney were jointly working on the complainant’s defense.Robertson violated Rules 1.01(b)(1), 1.03(a), 1.15(a)(2), 1.15(d), 8.04(a)(3), and 8.04(a)(8). He was ordered to pay $5,500 in attorneys’ fees.
On July 15, 2015, Roberto Maldonado [#12855262], 57, of San Antonio, received a three-year fully pro- bated suspension effective August 1, 2015. The District 10 Grievance Com- mittee found that in an immigration law representation, Maldonado ne-glected a client matter, failed to keep a client reasonably informed, failed to hold client funds separate from his own property, and shared legal fees with a non-lawyer.Maldonado violated Rules 1.01(b)(1), 1.03(a), 1.14(a), and 5.04(a) and was ordered to pay $1,000 in restitution and $1,000 in attorneys’ fees and direct expenses.
Full Article & Source:
13 Texas Attorneys & Judges Disciplined on September List
1 comment:
Not many in the scheme of things....
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