Disciplinary Actions — April 2021 State Bar lists (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
SUSPENSION
On February 10, 2021, Henri M. Cosey [#00783883], 66, of Sugar Land,
received a two-year partially probated suspension effective March 1,
2021, with the first six months actively suspended and the remainder
probated. An evidentiary panel of the District 5 Grievance Committee
found that in representing the complainant in a business financial
transaction, Cosey neglected the legal matter entrusted to him. Cosey
failed to keep his client reasonably informed about the status of the
matter and promptly comply with reasonable requests for information.
Upon receiving funds or other property, Cosey failed to promptly notify
the client and failed to promptly render a full accounting regarding
such property. Cosey violated Rules 1.01(b)(1), 1.03(a), and 1.14(b). He
was ordered to pay $2,000 in restitution and $1,500 in attorneys’ fees.
PUBLIC REPRIMAND
On January 29, 2021, Syria Sinoski [#24079344], 43, of Houston,
accepted a public reprimand. An investigatory panel of the District 4
Grievance Committee found that in representing a client, Sinoski
neglected a legal matter entrusted to her and frequently failed to carry
out completely the obligations that she owed to the client. Sinoski
violated Texas Disciplinary Rules of Professional Conduct Rules
1.01(b)(1) and 1.01(b)(2). She was ordered to pay $1,000 in attorneys’
fees.
Rest of the state
JUDICIAL ACTIONS
To read the entire public sanctions, go to scjc.texas.gov.
On January 21, 2021, the State Commission on Judicial Conduct issued a public reprimand and order of additional education to Thomas G. Jones, justice of the peace, Precinct 1, Place 1, Dallas, Dallas County. Jones has filed an appeal of his sanction to a special court of review.
On February 23, 2021, the State Commission on Judicial Conduct issued an order of suspension without pay to Tomas “Tommy” Ramirez III, justice of the peace, Precinct 4, Devine, Medina County.
SUSPENSIONS
On January 22, 2021, Sarah Hoffman [#24075146], 37, of Dallas,
received a two-year partially probated suspension effective February
15, 2021, with the first year actively suspended and the remainder
probated. An evidentiary panel of the District 14 Grievance Committee
found that on November 21, 2017, Hoffman was hired to prepare a will.
Hoffman was paid $1,200 for the legal representation. During the
representation, Hoffman neglected the legal matter and failed to keep
the client reasonably informed about the status of the case. Upon
termination of representation, Hoffman failed to refund unearned fees.
Hoffman also failed to timely submit a response to the
grievance. Hoffman violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and
8.04(a)(8). Hoffman was ordered to pay $1,200 in restitution and $1,300
in attorneys’ fees and costs.
On January 22, 2021, Sarah Hoffman [#24075146], 37, of Dallas,
received a two-year partially probated suspension effective February
15, 2021, with the first six months actively suspended and the remainder
probated. An evidentiary panel of the District 14 Grievance Committee
found that on September 6, 2018, Hoffman was hired to represent a client
in a probate matter. Hoffman was paid $1,700 for the legal
representation. During the representation, Hoffman neglected the legal
matter, failed to keep the client reasonably informed about the status
of the case, and failed to explain the probate matter to the extent
reasonably necessary to permit the client to make informed decisions
about the representation. Upon termination of representation, Hoffman
failed to refund unearned fees. Hoffman also failed to timely submit a
response to the grievance. Hoffman violated Rules 1.01(b)(1), 1.03(a),
1.03(b), 1.15(d), and 8.04(a)(8). She was ordered to pay $1,000 in
restitution and $1,500 in attorneys’ fees and costs.
On January 22, 2021, Sarah Hoffman [#24075146], 37, of Dallas,
received a two-year partially probated suspension effective February
15, 2021, with the first 18 months actively suspended and the remainder
probated. An evidentiary panel of the District 14 Grievance Committee
found that in representing two clients in separate probate matters,
beginning January 30, 2017, and October 31, 2018, respectively, Hoffman
neglected the clients’ legal matters, failed to keep the clients
reasonably informed about the status of their cases, and failed to
provide a client with a refund of unearned fees. Hoffman also failed to
timely submit a response to the grievance. Hoffman violated Rules
1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(8). She was ordered to pay
$2,000 in restitution and $2,100 in attorneys’ fees and costs.
On January 15, 2021, Joe Luis Luna [#12688900], 62, of Crystal City,
accepted a six-month fully probated suspension effective January 15,
2021. An investigatory panel of the District 12 Grievance Committee
found that Luna neglected a client’s matters, failed to keep clients
reasonably informed, failed to have a written statement in a contingent
fee arrangement, represented clients when the representation reasonably
appeared to be or became adversely limited by his duties to third
persons or by his own interests, failed to make statements or
disclaimers required under the Texas Disciplinary Rules of Professional
Conduct in the same language as the original solicitation communication,
and engaged in conduct involving a serious crime. Luna violated Rules
1.01(b)(1), 1.03(a), 1.03(b), 1.04(d), 1.06(b)(2), 7.02(d), and
8.04(a)(2). He agreed to pay $1,750 in attorneys’ fees and direct
expenses.
On January 15, 2021, Joe Luis Luna [#12688900], 62, of Crystal City,
accepted a three-month fully probated suspension effective January 15,
2021. An investigatory panel of the District 12 Grievance Committee
found that Luna represented clients when the representation reasonably
appeared to be or became adversely limited by his duties to third
persons or by his own interests and engaged in conduct involving a
serious crime. Luna violated Rules 1.06(b)(2) and 8.04(a)(2). He agreed
to pay $1,250 in attorneys’ fees and direct expenses.
On January 29, 2021, David Saenz [#17514700], 70, of McAllen, agreed to a 24-month fully probated suspension effective February 1, 2021. An investigatory panel of the District 12 Grievance Committee found that Saenz failed to communicate with a client and permitted the conduct of a non-lawyer to violate disciplinary rules. Saenz violated Rules 1.03(a) and 5.03(b)(1). He was ordered to pay $1,500 in attorneys’ fees and direct expenses.
On January 28, 2021, Daniel Robert Thering [#24042023], 44, of Austin,
agreed to a 40-month partially probated suspension effective January
15, 2023, with the first 20 months actively served and the remainder
probated. An evidentiary panel of the District 9 Grievance Committee
found that in March 2018, Thering substituted into a lawsuit involving a
real estate dispute as attorney of record for the complainant. On
January 14, 2019, the trial court awarded the complainant damages and
attorneys’ fees to be paid from the earnest money being held by the
title company relative to the underlying real estate transaction. In
February 2019, the title company wired the earnest money to Thering’s
non-IOLTA account to satisfy the judgment. In April 2019, when the
complainant inquired about the funds, Thering indicated that he could
not deliver the funds to the complainant. Thering failed to safeguard
the funds, failed to promptly notify the complainant upon Thering’s
receipt of the funds, and failed to promptly deliver the funds to the
complainant. Upon conclusion of the contingent fee matter, Thering
failed to provide the complainant a written statement reflecting the
remittance of settlement funds to the complainant and the method of the
determination. Further, Thering failed to communicate with the
complainant and Thering failed to respond to the grievance. Thering
violated Rules 1.03(a), 1.04(d), 1.14(a), 1.14(b), and 8.04(a)(8). He
was ordered to pay $500 in attorneys’ fees and direct expenses.
On January 15, 2021, Daniel Robert Thering [#24042023], 44, of Austin,
agreed to a 48-month active suspension effective March 15, 2021. The
District 9 Grievance Committee found that the complainants hired Thering
on March 3, 2016, for representation in a medical malpractice lawsuit
against a doctor for injuries that the complainants sustained during a
medical procedure on January 30, 2016. On March 19, 2016, Thering filed a
plaintiff’s original petition and on March 20, 2016, Thering requested
issuance of citation for service on the doctor. Thereafter, Thering
neglected the legal matter and failed to have the doctor served with the
lawsuit. Further, Thering accepted employment in a legal matter that he
should have known was beyond his competence because Thering failed to
obtain the necessary medical records and expert reports to prosecute a
medical malpractice claim. The complainants made numerous requests for a
status of the case, but Thering failed to communicate with them and
failed to keep them reasonably informed as to the status of the matter.
Further, even though Thering was provided notice of the complainants’
grievance, Thering failed to respond to the grievance. Thering violated
Rules 1.01(a), 1.01(b)(1), 1.03(a), 1.03(b), and 8.04(a)(8). He was
ordered to pay $500 in attorneys’ fees and direct expenses.
PUBLIC REPRIMANDS
On January 7, 2021, Devin Michelle AuClair [#24069065], 34, of Fort Worth,
agreed to a public reprimand. An investigatory panel of the District 7
Grievance Committee found that in 2018, AuClair was representing the
complainant in criminal matters. The complainant had a court-ordered
bond condition of “Do not possess or consume any alcoholic beverage.”
During her representation of the complainant, AuClair and the
complainant drank alcoholic beverages together on multiple occasions.
The complainant had a court-ordered bond condition of “No contact with
[victims] in any manner, including third party contact.” During her
representation of the complainant, AuClair socialized with the
complainant and the victims together on multiple occasions, during which
drinking alcoholic beverages by the adults was involved. AuClair
assisted the complainant in engaging in conduct that she knew was
fraudulent. AuClair engaged in conduct involving dishonesty, fraud,
deceit, or misrepresentation. AuClair violated Rules 1.02(c) and
8.04(a)(3). She was ordered to pay $500 in attorneys’ fees and direct
expenses.
On February 24, 2021, Stephen Dale Howen [#10117800], 60, of Waco,
accepted a public reprimand. An investigatory panel of the District 8
Grievance Committee found that on August 15, 2018, the complainant paid
Howen a $500 fee to file a long-term care claim with the U.S. Department
of Veterans Affairs on behalf of the complainant’s in-laws. During his
representation of the complainant’s in-laws, Howen neglected the matter
by failing to file a long-term care claim and failing to keep the
complainant informed of the matter, despite the complainant’s requests.
Howen also failed to file a response to the complainant’s
complaint. Howen violated Rules 1.01(b)(1), 1.03(a), and 8.04(a)(8) of
the Texas Disciplinary Rules of Professional Conduct, Article X, Section
9, State Bar Rules. He was ordered to pay $500 in restitution.
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