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by John MacCormack - San Antonio Express News
For the second time in six months, San Antonio lawyer
Phil Ross has been sued in state district court by the State Bar of
Texas for alleged serial misconduct in a guardianship case involving an
elderly person.
According
to the bar’s recent suit, Ross’s misbehavior included “habitual and
intentional disregard for court orders, misrepresentations to the court,
fraud upon the court, conflicts of interest, dishonesty and deceit.”
The
suit stems from Ross’s role in a high-profile Bexar County case
involving Charlie Thrash, 82, the longtime owner of CT Thrash
Differential and Axle Service on West Avenue.
In 2017, Thrash was found to be mentally incapacitated and since 2018 he has been in the care of court-appointed guardians.
In the last two years, hundreds of thousands of
dollars of estate assets have been spent on legal costs as Ross, who
sought to overturn the guardianships, has battled a team of lawyers
representing the guardians.
The
earlier suit against Ross, filed in October, pertains to his alleged
misconduct in a Comal County guardianship case involving Sybil Sims, an
elderly San Antonio woman who died in 2016. That case is set for trial
this summer in Bexar County.
Ross, 71, who is known for his contrarian and sometimes combative style, plans to represent himself in both cases.
“I
intend to defend myself and bring to light the truth of what happened
to Charlie Thrash. The story is not over,” he said. “I trust that when a
jury hears the entire case, not only will I be vindicated but the news
will present itself that the claims against me are false.”
The
bar’s latest suit, triggered by a grievance filed last year by Tonya
Barina, one of Thrash’s guardians, lists a dozen specific violations of
the rules of professional conduct for lawyers.
Among
the accusations are that Ross repeatedly tried to represent Thrash when
he knew Thrash lacked mental capacity to hire a lawyer; that Ross took
Thrash out of Bexar County, contrary to court orders, to obtain a
license for an impermissible marriage to his girlfriend Laura Martinez;
and that Ross was involved with Thrash’s subsequent improper adoption of
two of Martinez’s adult children, which was later reversed.
The
suit also accuses Ross of filing “meritless, vexatious pleadings and
motions” in an “apparent effort to burden and cause expense for the
estate,” charges he denies.
“All
the things I did were in an effort to advocate the rights, privileges
and immunities of Charlie Thrash,” said Ross, who linked the timing of
the bar’s latest suit to the recent release of “Dirty Money,” a Netflix
film critical of the guardians in the Thrash case.
The outcome of either trial could cost Ross his license to practice law. Or he could face lessor sanctions or be exonerated.
Last year, Ross’s misconduct in the Thrash case triggered one of the largest court sanctions ever seen in Bexar County.
In
May, Probate Court Judge Oscar Kazen imposed a $220,000 penalty on Ross
and several members of the Martinez family. The 35-page order listed
dozens of specific acts of misconduct, including the marriage and
adoption, as well as Ross’s interfering with Thrash’s guardians. Ross
has appealed the sanctions.
Les
Katona, one of the lawyers representing Barina, said that Ross’s
actions in the Thrash case “are the most egregious I have seen in 30
years of practice, and they merit the most severe sanction available.”
Full Article & Source:
San Antonio lawyer again sued by State Bar
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