Disciplinary Actions — June 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
JUDICIAL ACTIONS
On April 9, 2021, the State Commission on Judicial Conduct issued a public warning and order of additional education to Fredericka Phillips, judge of the 61st District Court, Houston, Harris County.
SUSPENSION
On April 5, 2021, John Joseph Klevenhagen III [#90001652], of Houston,
accepted a 12-month fully probated suspension effective April 5, 2021.
An investigatory panel of the District 4 Grievance Committee found that
Klevenhagen failed to keep his client reasonably informed about the
status of her matter, failed to promptly deliver to the client funds
that the client was entitled to receive, 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.
Klevenhagen violated Rules 1.03(a), 1.14(b), and 8.04(a)(8). He was
ordered to pay $500 in attorneys’ fees and expenses.
PUBLIC REPRIMAND
On April 5, 2021, John Joseph Klevenhagen III [#90001652], of Houston,
accepted a public reprimand effective April 5, 2021. An investigatory
panel of the District 4 Grievance Committee found that Klevenhagen
failed to promptly deliver to a third person funds that the third person
was entitled to receive 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. Klevenhagen violated Rules
1.14(b) and 8.04(a)(8). He was ordered to pay $250 in attorneys’ fees
and expenses.
Rest of the state
JUDICIAL ACTIONS
To read the entire public sanctions, go to scjc.texas.gov.
On April 9, 2021, the State Commission on Judicial Conduct issued a public reprimand and order of additional education to James Baldwin, justice of the peace, Precinct 1, Deanville, Burleson County.
On April 9, 2021, the State Commission on Judicial Conduct issued a public reprimand and order of additional education to Andy Isaacs, justice of the peace, Precinct 3, Rockdale, Milam County.
On May 4, 2021, the State Commission on Judicial Conduct issued an
opinion on the Special Court of Review In Re Inquiry Concerning The Honorable Lee Harper Wilson CJC Nos. 19-0755 & 19-0759.
REINSTATEMENT
Alonzo Ramos [#00797279], of Laredo, filed a petition in the 341st District Court of Webb County for reinstatement as a member of the State Bar of Texas.
DISBARMENTS
On March 22, 2021, John Rex Thompson [#19956150], of Tyler,
was disbarred effective March 18, 2021. The District 2 Grievance
Committee found that in September 2018, Thompson was hired for
representation in a criminal matter. Thompson was paid $1,800 on
September 20, 2018, and $700 on December 21, 2018. Thompson was actively
suspended from practicing law on September 1, 2018, and has remained
actively suspended since September 1, 2018, for failure to comply with a
disciplinary judgment. On April 4, 2020, Thompson submitted a response
to the grievance on letterhead that states, “Thompson Law Firm Rex
Thompson, Attorney” even though Thompson was actively suspended and
prohibited from using his name, in any manner, in conjunction with the
words “attorney at law,” “attorney,” “counselor at law,” or “lawyer.”
In April 2016, Thompson was hired for representation in two felony
criminal matters pending in Smith County for a flat fee of $7,500. In or
about September 2016, Thompson stopped communicating with the client.
Thompson failed to keep the client reasonably informed and failed to
promptly comply with reasonable requests for information. On April 4,
2020, Thompson submitted a response to the grievance on letterhead that
states, “Thompson Law Firm Rex Thompson, Attorney” even though Thompson
was actively suspended and prohibited from using his name, in any
manner, in conjunction with the words “attorney at law,” “attorney,”
“counselor at law,” or “lawyer.” In July 2014, Thompson was hired to sue
a client’s landlord. Thompson neglected to file suit until December 5,
2014, after the client sent certified mail to remind Thompson that the
statute of limitations was going to expire. Thereafter, the case was
dismissed for want of prosecution on March 3, 2015, because Thompson
failed to notify the client of the trial date and failed to appear on
the trial date. Further, on March 16, 2015, Thompson misrepresented to
the client that Thompson would reinstate the lawsuit even though
Thompson was on active suspension from January 1, 2015, until June 20,
2015. Despite being notified of the grievance, Thompson failed to submit
a response to the grievance. In June 2017, Thompson was hired for
representation in a criminal matter and was paid $2,000. While
representing the client, Thompson’s law license was actively suspended
and Thompson failed to notify the client that he could no longer
practice law. On April 18, 2019, Thompson issued a refund check to the
client that was returned due to insufficient funds. Despite being
notified of the grievance, Thompson failed to submit a response to the
grievance. Thompson neglected the legal matters entrusted to him and
failed to keep his clients reasonably informed about the status of their
legal matters. Thompson failed to hold client funds that were in
Thompson’s possession in connection with the representation separate
from Thompson’s own property, and upon termination of representation,
Thompson failed to refund advance payments of fees that had not been
earned. Thompson violated a disciplinary judgment and failed to respond
to the grievances filed against him. Thompson violated Rules 1.01(b)(1),
1.03(a), 1.14(a), 1.15(d), 8.04(a)(7), 8.04(a)(8), and 8.04(a)(11). He
was ordered to pay $2,000 in restitution and $5,954.64 in attorneys’
fees and direct expenses.
On March 10, 2021, John Rex Thompson [#19956150], of Tyler,
was disbarred, effective March 2, 2021. The District 2 Grievance
Committee found that on or about June 19, 2018, the complainant hired
and paid Thompson $1,738.26 to represent the complainant in connection
with a criminal matter. Thompson made an appearance in the case on June
25, 2018, and withdrew on July 6, 2018, without providing any legal
services or filing any substantive motions in the case. Upon termination
of representation, Thompson failed to refund advance payments of the
fee that had not been earned. Thompson failed to respond to the
grievance. Thompson violated Rules 1.15(d) and 8.04(a)(8). He was
ordered to pay $1,738.26 in restitution and $3,837.50 in attorneys’ fees
and direct expenses.
RESIGNATIONS
On April 13, 2021, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Richard E. Jackson [#10492980], of Coppell.
At the time of Jackson’s resignation, there was one pending matter
against him alleging professional misconduct. Beginning in 1999, Jackson
was the lead assistant district attorney assigned to prosecute Stanley
Mozee and Dennis Allen for the murder of Rev. Jesse Borns Jr. Jackson
failed to disclose evidence that tended to negate the guilt of Mozee and
Allen to defense counsel, including but not limited to, timely
disclosure of details related to eyewitnesses’ identification or
description of Mozee and Allen or another alleged suspect. Jackson
allegedly violated Rule 3.09(d). On April 13, 2021, the Supreme Court of
Texas accepted the resignation, in lieu of discipline, of Weldon Ralph
Petty Jr. [#15866500], of Midland. At the time of his resignation, Petty
had three grievances pending alleging Petty represented opposing
parties in the same related matter. Petty violated Rule 1.06(b)(2).
SUSPENSIONS
On April 3, 2021, Joe Beverly Abbey [#00789000], of Rowlett,
received a 48-month partially probated suspension effective April 1,
2021, with the first 12 months actively served and the remainder
probated. An investigatory panel of the District 6 Grievance Committee
found that in January 2017, Abbey was hired to review documents relative
to an international loan transaction and was wired $30,696.97 to be
held in escrow pending the closing of the loan. Thereafter, Abbey paid
himself and other parties out of the escrow funds. When the loan
transaction could not be completed and a dispute arose about the escrow
funds, Abbey misrepresented that he was returning the funds when, in
fact, Abbey paid the remaining funds to himself. Abbey failed to hold
funds that were in Abbey’s possession in connection with the
representation separate from his own property and failed to keep the
disputed funds separated until the dispute was resolved. Abbey knowingly
failed to disclose a material fact and the disclosure was necessary to
avoid making Abbey a party to a fraudulent act. Abbey engaged in conduct
involving dishonesty, fraud, deceit, or misrepresentation. Abbey
violated Rules 1.14(a), 1.14(c), 4.01(b), and 8.04(a)(3). He was ordered
to pay $30,696.97 in restitution and $750 in attorneys’ fees and direct
expenses.
On March 31, 2021, Scottie Allen [#01058020], of Dallas,
agreed to a three-year fully probated suspension effective April 1,
2021. An investigatory panel of the District 6 Grievance Committee found
that Allen represented the complainant in proceedings following a
mistrial declared in a criminal matter. Upon termination of
representation, Allen failed to surrender papers and property to which
the complainant was entitled. Allen violated Rule 1.15(d). He agreed to
pay $816 in attorneys’ fees and direct expenses.
On March 31, 2021, Ysidro Deluna Arismendez III [#24008750], of Beeville,
agreed to a one-year fully probated suspension effective April 1, 2021.
An evidentiary panel of the District 11 Grievance Committee found that
Arismendez neglected a client’s matter, failed to keep a client
reasonably informed, and failed to return unearned fees. Arismendez
violated Rules 1.01(b)(1), 1.03(a), and 1.15(d).
On April 16, 2021, Keith Best Dunbar [#24010802], of Texarkana,
received a 24-month fully probated suspension beginning April 1, 2021,
and ending on March 31, 2023. An investigatory panel of the District 1
Grievance Committee found that Dunbar was paid $5,000 to represent a
client in a child custody matter; thereafter, Dunbar failed to safeguard
the client’s funds, failed to render an accounting of the funds, and
failed to promptly refund the advance payment of fees that were not
earned. Dunbar also represented another client in a divorce action and
the client used a tax return refund to pay the retainer provided that
Dunbar would return the remainder of the client’s tax refund after he
deducted his fees and expenses. Dunbar failed to render an accounting of
the clients’ funds and failed to promptly refund the advance payment of
fees that were not earned. Dunbar violated Rules 1.14(a), 1.14(b), and
1.15(d). He was ordered to pay $2,625 in restitution to the first client
and $750 in attorneys’ fees and direct expenses.
On March 29, 2021, W. David Holliday [#09877300], of Dallas,
received a fully probated suspension effective March 1, 2021, and
ending on May 31, 2021. An investigatory hearing panel of the District 6
Grievance Committee found that Holliday failed to hold client funds
separate from his own property. Holliday had direct supervisory
authority over his assistant and failed to make reasonable efforts to
ensure that his assistant’s conduct was compatible with the professional
obligations of Holliday. Holliday violated Rules 1.14(a) and 5.03(a).
He was ordered to pay $250 in attorneys’ fees and direct expenses.
On April 2, 2021, Jamie Terence Katzen [#24065541], of Dallas,
agreed to a 36-month fully probated suspension effective April 1, 2021.
An investigatory panel of the District 6 Grievance Committee found that
while representing a client, Katzen deliberately overbilled his client
and misrepresented the reason for the overbilling. Katzen collected an
unconscionable fee and engaged in conduct involving dishonesty, fraud,
deceit, or misrepresentation. Katzen violated Rules 1.04(a) and
8.04(a)(3). He was ordered to pay $500 in attorneys’ fees and direct
expenses.
On March 11, 2021, Pamela Regina Parker [#11601950], of Easthampton, Massachusetts,
accepted a three-year partially probated suspension [one year active
and two years probated] effective May 1, 2021. An evidentiary panel of
the District 9 Grievance Committee found that while representing a
client in an employment matter, Parker failed to file her client’s
discrimination claim with the Equal Employment Opportunity Commission,
or EEOC. Parker also failed to respond to her client’s requests for
information and explain the matter to the extent necessary for her
client to make informed decisions. Additionally, Parker falsely
represented to the client that she had filed an EEOC claim on the
client’s behalf. After the client discovered that Parker did not file
her claim with the EEOC, Parker failed to timely refund the unearned
portion of her fee and return the client’s documents in her possession.
Parker violated Rule 1.01(b)(1), 1.03(a), 1.03(b), 1.14(b), 1.15(d),
8.01(a), and 8.04(a)(3). She was ordered to pay $3,631.60 in attorneys’
fees and direct expenses.
On February 24, 2021, Mansel C. Turton [#20345600], of San Antonio,
received a 4-year partially probated suspension effective March 25,
2021, with the first six months actively served and the remainder
probated. An evidentiary panel of the District 10 Grievance Committee
found that Turton failed to hold the client’s funds in a trust account
separate from his own property and failed to promptly render a full
account regarding the client’s funds. Turton violated Rules 1.14(a) and
1.14(b). He agreed to pay $750 in restitution and $1,655 in attorneys’
fees and direct expenses.
PUBLIC REPRIMANDS
On April 2, 2021, Robert Ray Flores [#24071887], of Raymondville,
accepted a public reprimand. An investigatory panel of the District 12
Grievance Committee found that Flores failed to timely file a response
to a grievance. Flores violated Rule 8.04(a)(8). He was ordered to pay
$800 in attorneys’ fees and direct expenses.
On March 24, 2021, Justin Avery Moore [#24088906], of Dallas,
agreed to a public reprimand. The District 6 Grievance Committee found
that on or about February 16, 2018, the complainant hired Moore to file a
defamation lawsuit. Moore was paid $5,000 in advance legal fees. Upon
termination of representation, Moore failed to refund advance payments
of the fee that had not been earned. Moore violated Rule 1.15(d). He was
ordered to pay $2,500 in restitution and $800 in attorneys’ fees and
direct expenses.
On April 1, 2021, Gaylene Rogers [#17166500], of Dallas,
agreed to a public reprimand. An investigatory panel of the District 6
Grievance Committee found that in June 2019, Rogers was retained by the
complainant to draw up a partnership agreement for a residential
property. In representing the complainant, Rogers neglected the legal
matter entrusted to her by failing to complete any legal work. Rogers
failed to keep the complainant reasonably informed about the status of
her legal matter and failed to promptly comply with reasonable requests
for information from the complainant. In August 2017, Rogers, acting as
an escrow officer, closed on a loan between the complainant’s private
lending company and another company. Rogers maintained funds in her
trust account that were to be used for title insurance, but Rogers
failed to obtain the insurance. Rogers violated Rules 1.01(b)(1),
1.03(a), and 1.14(b). She was ordered to pay $3,000 in restitution and
$500 in attorneys’ fees.
(not her real name), a 74-year-old
woman just scraping by in senior citizen housing in New York City’s
Harlem neighborhood: The agency demanded that she repay more than
$10,000 in benefits, claiming that she owned two properties — one in
Washington, D.C., the other in Massachusetts — that made her ineligible
for the Supplementary Security Income (SSI) she had been receiving.
Local SSA officials wouldn’t believe her when she told them that she had
never lived in those two places, let alone owned property there. They
suggested she get a lawyer, which she had no money for -- the cut in
benefits left her barely able to pay her rent.
