Texas Bar Journal — September 2010
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Disciplinary Actions

D Eneral 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 Com mission on Judicial Conduct may be contacted toll-free, (877)228-5750 or (512)463-5533. Please note that per sons disciplined by the Commission on Judicial Conduct are not necessarily licensed attorneys.

BODA ACTIONS

On May 24, the Board of Disciplinary Appeals signed an agreed judgment of indefinite disability suspension against Kenneth W. Smith [#18635300], 59, of Houston, in accordance with Part XII of the Texas Rules of Disciplinary Procedure and Section 8 of the Internal Procedural Rules of the Board of Disciplinary Appeals. BODA Cause No. 46612.

Editor’s Note: Kenneth W. Smith [#00791686], of Houston, is not the attorney referred to in this disciplinary action.

On July 2, the Board of Disciplinary Appeals dismissed for want of prosecution the appeal of Lauren Cannon Larue [#11960730], 51, of Dallas, from a judgment of disbarment signed by an evidentiary panel of the District 6-C1 Grievance Committee in Case No.D0110733512 on Oct. 13, 2009. The Board found that Larue did not file the reporter’s record or a brief. The Board issued an order to show cause to Larue on Feb. 26, giving her 30 days to respond and show cause as to why the appeal should not be dismissed for want of prosecution. Larue did not respond.BODA Cause No. 45601.

On July 22, the Board of Disciplinary Appeals dismissed for want of jurisdiction the appeal of Dell Edward James [#24002342], 39, of Frisco, from a judgment of disbarment signed by an evidentiary panel of the District 6-A Grievance Committee in Case No. D0120631179 on Jan. 5. The Board found that at the time of this appeal, James was disbarred in another matter styled, Commission for Lawyer Discipline v. Dell Edward James, Cause No. 416-04033-07 in the 416th District Court of Collin County, and that judgment was on appeal to the 5th District Court of Appeals in the matter styled, Dell Edward James v. Commission for Lawyer Discipline, No. 05-08-01553-CV. On June 21, the Court of Appeals affirmed his disbarment and issued its mandate. The Board of Disciplinary Appeals no longer has jurisdiction over this appeal. BODA Cause No. 45870.

On July 26, the Board of Disciplinary Appeals affirmed the judgment of disbarment of Joan Myers [#14761600], 66, of Bedford, signed by an evidentiary panel of the District 7-A1 Grievance Committee in Case No. D0040731875 on June 1, 2009. BODA Cause No.44774.

On July 26, the Board of Disciplinary Appeals affirmed the judgment of active suspension of Kristin Wilkinson [#24037708], 46, of Houston, signed by an evidentiary panel of the District 4-E9 Grievance Committee in Case No.H0090520881 on July 22, 2009.Wilkinson was suspended from the practice of law for six months, from Sept. 1, 2009, to Feb. 28, 2010. BODA Cause No. 45060.

On July 26, the Board of Disciplinary Appeals signed a default judgment of disbarment of John J. Arbour [#00786993], 45, of New Orleans, La.On Oct. 2, 2009, the Supreme Court of Louisiana permanently disbarred Arbour from the practice of law in case No.2009-B-1217, styled, In Re: John Joseph Arbour. In accordance with Part IX of the Texas Rules of Disciplinary Procedure, Arbour is disbarred from the practice of law in Texas. Arbour did not answer or appear. BODA Cause No.46091.

On July 26, the Board of Disciplinary Appeals signed a default judgment of suspension from the practice of law of Nancy Johnson Leonard [#00792182], 67, of Dallas. Leonard did not answer or appear. On May 22, 2009, the Supreme Court of Louisiana suspended Leonard from the practice of law for one year and one day in Case No. 2009-B-0057, styled, In re: Nancy Eileen Johnson. In accordance with Part IX of the Texas Rules of Disciplinary Procedure, Leonard is suspended from the practice of law in Texas for one year and one day,Beginning on July 27, 2010. BODA Cause No. 44741.On July 26, the Board of Disciplinary Appeals signed a final judgment disbarring Robert Eugene Easley [#24036514], 41, of Seabrook, from the practice of law. Easley failed to answer or appear.On April 13, 2007, orders of deferred adjudication were entered in the following Cause Nos.: F-05-74063-L, F-05- 74064-L, F-05-74065-L, F-06-85787-L, F-06-85788-L, and F-06-60861-L, each styled, The State of Texas v. Robert Eugene Easley, in Criminal District Court 3 of Dallas County, wherein each case Easley pleaded guilty to unlawfully obtaining from a legally registered pharmacist, a controlled substance, to wit: di hydrocode inone, by use of a false and forged prescription, a third-degree felony in violation of the Texas Health and Safety Code, Section 481, an intentional crime as defined in the Texas Rules of Disciplinary Procedure. In each case, Easley was sentenced to three years probation and fined $500. On March 30, Easley consented to an order extending the period of community supervision for one year, beginning April 13, and ending April 13, 2011. BODA Cause No. 46775.

On July 26, the Board of Disciplinary Appeals signed an interlocutory order suspending Emeka M. Uyamadu [#00788571], 48, of Houston, from the practice of law. Uyamadu did not answer or appear. On April 23, Uyamadu was found guilty of theft of more than $20,000 and under $100,000, a third degree felony, an intentional crime as defined in the Texas Rules of Disciplinary Procedure, in Case No. 1138060, styled, The State of Texas v. Uyamadu, Emeka Michael, in the 176th Judicial District Court of Harris County. Uyamadu was sentenced to 10 years in the custody of the Texas Department of Criminal Justice. The sentence was suspended and Uyamadu was placed on community supervision for 10 years and ordered to pay a $5,000 fine and to serve 60 days in the Harris County Jail. On April 23, Uyamadu was found guilty of tampering with a witness, a state jail felony, an intentional crime as defined in the Texas Rules of Disciplinary Procedure, in Case No. 1176507, styled, The State of Texas v. Uyamadu, Emeka Michael, in the 176th Judicial District Court of Harris County. Uyamadu was sentenced to two years in the custody of the State Jail Division of the Texas Department of Criminal Justice and ordered to pay a $3,000 fine. Uyamadu has appealed the conviction. The Board retains jurisdiction to enter a final judgment when the criminal appeal is final.DA Cause No. 46776.


On July 22, the Board of Disciplinary Appeals signed an agreed judgment of suspension from the practice of law of Terry Lynn Smith [#24033207], 57, of Texarkana. On Sept. 18, 2008, the State of Arkansas Supreme Court Committee on Professional Misconduct suspended Smith from the practice of law for three years in Docket No. 2008-044, styled, In Re: Terry Lynn Smith, Arkansas Bar ID #92035. In accordance with Part IX of the Texas Rules of Disciplinary Procedure, Smith is suspended from the practice of law in Texas for three years, beginning on Aug. 1. BODA Cause No.6778.

On Aug. 6, the Board of Disciplinary Appeals affirmed in part and reversed in part the judgment of active suspension of Mustafa Engin Derkunt [#00785818], 57, of Austin, signed by an evidentiary panel of the District 9-2 Grievance Committee in Case No. A0050811711 on Nov. 26, 2009. The Board reversed that part of the judgment that concluded that Derkunt violated Texas Disciplinary Rules of Professional Conduct Rule7. 03(d) and reversed the three-year, active suspension sanction along with the award of attorney’s fees and direct expenses to the State Bar.

The Board affirmed the conclusions of law that Derkunt violated Rules 1. 01(b)(1), 3.01, 5.04(a), 7.03(e), and 8. 04(a)(1). The matter is remanded to the District 9 Grievance Committee for a new hearing on the sanctions. BODA Cause No. 45773.

On July 30, the Board of Disciplinary Appeals vacated the judgment of disbarment of Heather Schaefer [#24027840], 40, of Plano, signed by an evidentiary panel of the District 1-A2 Grievance Committee in Case Nos. D0050732097, D0080732685, and D0110733526 on March 3, 2009, and remanded the matter for a new hearing. The Board found that the evidentiary panel did not have the capacity to act because one position on the panel was vacant at the time of the hearing and, thus, was not composed properly in accordance with the statute.BODA Cause No. 44292.

JUDICIAL ACTIONS

On June 24, the State Commission on Judicial Conduct issued a public reprimand against Bruce Priddy [#16322700], 47, of Dallas. On Nov. 2, 2009, the Texas Center for the Judiciary reported that Priddy had failed to obtain the required continuing judicial education for fiscal year 2009. Priddy did not request or receive a waiver from the Center exempting him from the requirement.On numerous occasions, the State Commission on Judicial Conduct contacted Priddy, asking him to respond to the Commission’s inquiry, but Priddy failed to file a written response or appear before the Commission. On several occasions, Commission staff spoke with Priddy’s court coordinator requesting that Priddy contact the commission with regard to the matter, but no response was Received. The Commission concluded that by failing to obtain his required continuing judicial education hours for fiscal year 2009, Priddy failed to comply with the law and failed to maintain professional competence in the law, in willful violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct. The Commission also concluded that by ignoring the Commission’s numerous requests that he respond to its inquiries, Priddy engaged in willful and persistent conduct that is clearly inconsistent with the proper performance of his duties and casts public discredit upon the judiciary and administration of justice, in violation of Article V, §1-a(6)A of the Texas Constitution and Section 33.001(b)(5) of the Texas Government Code.

DISBARMENTS

On May 19, Paul Wesley Cordova [#24030612], 42, of Houston, was disbarred.
An evidentiary panel of the District 4-F Grievance Committee found that in one matter, Cordova was hired to represent a minor in a juvenile case.During the representation, Cordova was administratively suspended from the practice of law, but failed to inform his minor client of the suspension and, instead, continued to represent the minor client. Additionally, Cordova failed to respond to the grievance.

In a second matter, Cordova was hired for representation in a personal injury matter. When the client requested her file, Cordova failed to comply. Furthermore, Cordova failed to respond to the grievance.

In the third matter, Cordova was hired for representation in a federal criminal matter. Cordova failed to appear for multiple scheduled court dates and also failed to return the client file until ordered to do so by the Court. Cordova further failed to respond to the grievance.

Cordova violated Rules 1.01(b)(1),1. 03(a), 1.15(d), and 8.04(a)(8) and
a) (11). He was ordered to pay $670 in attorney’s fees and costs.

On May 21, Aaron Rene Ramirez [#24027644], 39, of Dallas, was disbarred.
An evidentiary panel of the District 6-A1 Grievance Committee found that Ramirez failed to hold funds belonging to the complainant separate from Ramirez’s own property. Upon receiving funds in which the complainant had an interest, Ramirez failed to promptly notify the complainant, failed to promptly deliver funds that the complainant was entitled to receive, and failed to keep the funds separate until there was an accounting and severance of their interests. Ramirez engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Ramirez violated Rules 1.14(a), (b), and (c) and 8.04(a)(3). He was ordered to pay $1,906.54 in attorney’s fees and $9,870.98 in restitution.
On May 27, Travis R. Phillips [#15944500], 62, of Austin, was disbarred.
An evidentiary panel of the District 9 Grievance Committee found that in a personal injury matter, Phillips failed to respond to telephone calls requesting information regarding the status of the client’s case, that Phillips had informed the client that suit had been filed when, in fact, it had not, and that he failed to file suit within the statute of limitations.The panel further found that Phillips was served with notice of the complaint but that he failed to furnish a response to the Office of Chief Disciplinary Counsel.


Phillips violated Rules 1.01(b)(1),1. 03(a), and 8.04(a)(1), (a)(3), and(a) (8). Phillips was ordered to pay $2,475.70 in attorney’s fees and expenses.
Editor’s Note: Travis Robert Phillips [#24056137], of Austin, is not the attorney referred to in this disciplinary sanction.

RESIGNATIONS

On May 25, the Supreme Court ofTexas accepted the resignation, in lieu of
discipline, of Scott M. Marshall[#24005057], 40, of Garland. At thetime of Marshall’s resignation, there were Five disciplinary matters pending against him alleging neglect; failure to communicate, to secure contingency fee agreements in writing, to obtain his clients’ consent to settle their cases, to safeguard funds, to promptly disburse funds, to return clients’ files and unearned fees at the end of the representation; and engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Marshall violated Rules 1.01(b)(1),
1.02(a)(2), 1.03(a), 1.04(d), 1.14(b),
1.15(d), and 8.04(a)(3).

On June 1, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Stephen Keyser [#11375300], 57, of Houston. At the time of Keyser’s resignation, there was one disciplinary matter pending against him alleging that he failed to keep his client reasonably informed about the status of a matter, failed to promptly comply with reasonable requests for information, failed to hold funds belonging in whole or in part to a client separate from his own property, and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation.

The Court concluded that acceptance of the resignation of Emil Karl Prohl is in the best interest of the public and the profession.


On July 26, the Board of Disciplinary Appeals signed a default judgment of disbarment of John J. Arbour [#00786993], 45, of New Orleans, La.On Oct. 2, 2009, the Supreme Court of Louisiana permanently disbarred Arbour from the practice of law in case No.2009-B-1217, styled, In Re: John Joseph Arbour. In accordance with Part IX of the Texas Rules of Disciplinary Procedure, Arbour is disbarred from the practice of law in Texas. Arbour did not answer or appear. BODA Cause No.46091.

On July 26, the Board of Disciplinary Appeals signed a default judgment of suspension from the practice of law of Nancy Johnson Leonard [#00792182], 67, of Dallas. Leonard did not answer or appear. On May 22, 2009, the Supreme Court of Louisiana suspended Leonard from the practice of law for one year and one day in Case No. 2009-B-0057, styled, In re: Nancy Eileen Johnson. In accordance with Part IX of the Texas Rules of Disciplinary Procedure, Leonard is suspended from the practice of law in Texas for one year and one day,Beginning on July 27, 2010. BODA Cause No. 44741.

On July 26, the Board of Disciplinary Appeals signed a final judgment disbarring Robert Eugene Easley [#24036514], 41, of Seabrook, from the practice of law. Easley failed to answer or appear.

On April 13, 2007, orders of deferred adjudication were entered in the following Cause Nos.: F-05-74063-L, F-05- 74064-L, F-05-74065-L, F-06-85787-L, F-06-85788-L, and F-06-60861-L, each styled, The State of Texas v. Robert Eugene Easley, in Criminal District Court 3 of Dallas County, wherein each case Easley pleaded guilty to unlawfully obtaining from a legally registered pharmacist, a controlled substance, to wit: dihydrocodeinone, by use of a false and forged prescription, a third-degree felony in violation of the Texas Health and Safety Code, Section 481, an intentional crime as defined in the Texas Rules of Disciplinary Procedure. In each case, Easley was sentenced to three years probation and fined $500. On March 30, Easley consented to an order extending the period of community supervision for one year, beginning April 13, and ending April 13, 2011. BODA Cause No. 46775.

On July 26, the Board of Disciplinary Appeals signed an interlocutory order suspending Emeka M. Uyamadu [#00788571], 48, of Houston, from the practice of law. Uyamadu did not answer or appear. On April 23, Uyamadu was found guilty of theft of more than $20,000 and under $100,000, a thirddegree felony, an intentional crime as defined in the Texas Rules of Disciplinary Procedure, in Case No. 1138060, styled, The State of Texas v. Uyamadu, Emeka Michael, in the 176th Judicial District Court of Harris County. Uyamadu was sentenced to 10 years in the custody of the Texas Department of Criminal Justice. The sentence was suspended and Uyamadu was placed on community supervision for 10 years and ordered to pay a $5,000 fine and to serve60 days in the Harris County Jail. On April 23, Uyamadu was found guilty of tampering with a witness, a state jail felony, an intentional crime as defined in the Texas Rules of Disciplinary Procedure, in Case No. 1176507, styled, The State of Texas v. Uyamadu, Emeka Michael, in the 176th Judicial District Court of Harris County. Uyamadu was sentenced to two years in the custody of the State Jail Division of the Texas Department of Criminal Justice and ordered to pay a $3,000 fine. Uyamadu has appealed the conviction. The Board retains jurisdiction to enter a final judgment when the criminal appeal is final.

BODA Cause No. 46776.

On July 22, the Board of Disciplinary Appeals signed an agreed judgment of suspension from the practice of law of Terry Lynn Smith [#24033207], 57, of Texarkana. On Sept. 18, 2008, the State of Arkansas Supreme Court Committee on Professional Misconduct suspended Smith from the practice of law for three years in Docket No. 2008-044, styled, In Re: Terry Lynn Smith, Arkansas Bar ID #92035. In accordance with Part IX of the Texas Rules of Disciplinary Procedure, Smith is suspended from the practice of law in Texas for three years, beginning on Aug. 1. BODA Cause No.

46778.

On Aug. 6, the Board of Disciplinary Appeals affirmed in part and reversed in part the judgment of active suspension of Mustafa Engin Derkunt [#00785818], 57, of Austin, signed by an evidentiary panel of the District 9-2 Grievance Committee in Case No. A0050811711 on Nov. 26, 2009. The Board reversed that part of the judgment that concluded that Derkunt violated Texas Disciplinary Rules of Professional Conduct Rule

7. 03(d) and reversed the three-year, active suspension sanction along with the award of attorney’s fees and direct expenses to the State Bar.

The Board affirmed the conclusions of law that Derkunt violated Rules1. 01(b)(1), 3.01, 5.04(a), 7.03(e), and

8. 04(a)(1). The matter is remanded to the District 9 Grievance Committee for a new hearing on the sanctions. BODA Cause No. 45773.

On July 30, the Board of Disciplinary Appeals vacated the judgment of disbarment of Heather Schaefer [#24027840], 40, of Plano, signed by an evidentiary panel of the District 1-A2 Grievance Committee in Case Nos. D0050732097, D0080732685, and D0110733526 on March 3, 2009, and remanded the matter for a new hearing. The Board found that the evidentiary panel did not have the capacity to act because one position on the panel was vacant at the time of the hearing and, thus, was not composed properly in accordance with the statute.

BODA Cause No. 44292.JUDICIAL ACTIONS On June 24, the State Commission on Judicial Conduct issued a public reprimand against Bruce Priddy [#16322700], 47, of Dallas. On Nov. 2, 2009, the Texas Center for the Judiciary reported that Priddy had failed to obtain the required continuing judicial education for fiscal year 2009. Priddy did not request or receive a waiver from the Center exempting him from the requirement.

On numerous occasions, the State Commission on Judicial Conduct contacted Priddy, asking him to respond to the Commission’s inquiry, but Priddy failed to file a written response or appear before the Commission. On several occasions, Commission staff spoke with Priddy’s court coordinator requesting that Priddy contact the commission with regard to the matter, but no response was received. The Commission concluded that by failing to obtain his required continuing judicial education hours for fiscal year 2009, Priddy failed to comply with the law and failed to maintain professional competence in the law, in willful violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct. The Commission also concluded that by ignoring the Commission’s numerous requests that he respond to its inquiries, Priddy engaged in willful and persistent conduct that is clearly inconsistent with the proper performance of his duties and casts public discredit upon the judiciary and administration of justice, in violation of Article V, §1-a(6)A of the Texas Constitution and Section 33.001(b)(5) of the Texas Government Code.

DISBARMENTS On May 19, Paul Wesley Cordova [#24030612], 42, of Houston, was disbarred.

An evidentiary panel of the District 4-F Grievance Committee found that in one matter, Cordova was hired to represent a minor in a juvenile case.

During the representation, Cordova was administratively suspended from the practice of law, but failed to inform his minor client of the suspension and, instead, continued to represent the minor client. Additionally, Cordova failed to respond to the grievance.

In a second matter, Cordova was hired for representation in a personal injury matter. When the client requested her file, Cordova failed to comply. Furthermore, Cordova failed to respond to the grievance.

In the third matter, Cordova was hired for representation in a federal criminal matter. Cordova failed to appear for multiple scheduled court dates and also failed to return the client file until ordered to do so by the Court. Cordova further failed to respond to the grievance.

Cordova violated Rules 1.01(b)(1),

1. 03(a), 1.15(d), and 8.04(a)(8) and

(a) (11). He was ordered to pay $670 in attorney’s fees and costsOn May 21, Aaron Rene Ramirez [#24027644], 39, of Dallas, was disbarred.

An evidentiary panel of the District 6-A1 Grievance Committee found that Ramirez failed to hold funds belonging to the complainant separate from Ramirez’s own property. Upon receiving funds in which the complainant had an interest, Ramirez failed to promptly notify the complainant, failed to promptly deliver funds that the complainant was entitled to receive, and failed to keep the funds separate until there was an accounting and severance of their interests. Ramirez engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Ramirez violated Rules 1.14(a), (b), and (c) and 8.04(a)(3). He was ordered to pay $1,906.54 in attorney’s fees and $9,870.98 in restitution.

On May 27, Travis R. Phillips [#15944500], 62, of Austin, was disbarred.

An evidentiary panel of the District 9 Grievance Committee found that in a personal injury matter, Phillips failed to respond to telephone calls requesting information regarding the status of the client’s case, that Phillips had informed the client that suit had been filed when, in fact, it had not, and that he failed to file suit within the statute of limitations.

The panel further found that Phillips was served with notice of the complaint but that he failed to furnish a response to the Office of Chief Disciplinary Counsel.

Phillips violated Rules 1.01(b)(1),

1. 03(a), and 8.04(a)(1), (a)(3), and

(a) (8). Phillips was ordered to pay $2,475.70 in attorney’s fees and expenses.

Editor’s Note: Travis Robert Phillips [#24056137], of Austin, is not the attorney referred to in this disciplinary sanction.

RESIGNATIONS On May 25, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Scott M. Marshall [#24005057], 40, of Garland. At the time of Marshall’s resignation, there wereFive disciplinary matters pending against him alleging neglect; failure to communicate, to secure contingency fee agreements in writing, to obtain his clients’ consent to settle their cases, to safeguard funds, to promptly disburse funds, to return clients’ files and unearned fees at the end of the representation; and engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Marshall violated Rules 1.01(b)(1),

1. 02(a)(2), 1.03(a), 1.04(d), 1.14(b),

1. 15(d), and 8.04(a)(3). On June 1, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Stephen Keyser [#11375300], 57, of Houston. At the time of Keyser’s resignation, there was one disciplinary matter pending against him alleging that he failed to keep his client reasonably informed about the status of a matter, failed to promptly comply with reasonable requests for information, failed to hold funds belonging in whole or in part to a client separate from his own property, and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation.

On June 16, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Emil Karl Prohl, [#16351600], 70, of Kerrville. The Court found that on April 26, a judgment on plea of guilty or nolo contendere before court — waiver of jury trial was entered in Cause No. A10-109, styled The State of Texas v. Emil Karl Prohl, in the 216th District Court of Kerr County, wherein Prohl was convicted of theft by a public servant, a second-degree felony, and was sentenced to two years confinement in the Texas Department of Criminal Justice Institutional Division, probated for two years, and to pay $2,500 in fines, $303 in costs, and $17,308.41 in restitution.

The Court concluded that acceptance of the resignation of Emil Karl Prohl is in the best interest of the public and the profession.On July 19, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of M. Dewey Bain [#01549300], 59, of Cumming, Ga. The Court found that Bain was found guilty of wire fraud in violation of Title 18,

U. S. Code, Section 1343 in Case No.

1:10-CR-125, styled United States of America v. M. Dewey Bain, in the U.S. District Court, Northern District of Georgia, Atlanta Division, which would subject him to compulsory discipline pursuant to Part VIII of the Texas Rules of Disciplinary Procedure. The Supreme Court of Georgia accepted the voluntary surrender of Bain’s law license after Bain admitted his own financial interest materially and adversely affected his representation of the client and thereby violated Rule 1.7 of the Georgia Rules of Professional Conduct. The Court concluded that acceptance of Bain’s resignation is in the best interest of the public and the profession.

SUSPENSIONS On April 20, Luro C. Taylor [#19712700], 59, of Houston, received a three-year, partially probated suspension effective June 1, with the first year actively served and the remainder probated.

The 145th Judicial District Court found that Taylor failed to adequately communicate with one complainant and to respond to her grievance. He also failed to respond to the grievance filed by a second complainant.

Taylor violated Rules 1.03(a) and

8. 04(a)(8). He was ordered to pay $1,500 in attorney’s fees.

Taylor did not file an appeal.

On April 26, Claudene T. Arrington [#24031824], 56, of Hope, Ark., received a five-year, partially probated suspension effective June 1, with the first five months actively served and the remainder probated. The 5th Judicial District Court found that while representing a client, Arrington communicated about the subject of the representationWith a person who was represented by an attorney without that attorney’s knowledge or permission.

Arrington violated Rule 4.02. She was ordered to pay $6,000 in attorney’s fees.

Arrington did not file an appeal.

On April 27, Danny Lee Simmons [#24048801], 51, of Lubbock, received a two-year, partially probated suspension effective May 19, with the first 120 days actively served and the remainder probated.

An evidentiary panel of the District 16-2 Grievance Committee found that Simmons failed to keep his client reasonably informed about the status of his case and failed to respond to the grievance.

Simmons violated Rules 1.03(a) and

8. 04(a)(8). He was ordered to pay $2,766.80 in attorney’s fees and expenses and $460 in restitution.On May 10, Maida C. Modgling [#14244350], 65, of Hondo, accepted a six-month, fully probated suspension effective June 1. An evidentiary panel of the District 15-4 Grievance Committee found that Modgling neglected a legal matter, failed to keep her client reasonably informed, and represented two parties that had a conflict of interest.

Modgling violated Rules 1.01(b)(1),

1. 03(a), and 1.06(b). She was ordered to pay $800 in attorney’s fees and expenses and $750 in restitution.

On May 12, Pamela Breed Bonavita [#02940500], 49, of Austin, received a two-year, partially probated suspension effective Jan. 1, 2011, with the first year actively served and the remainder probated.

The District 4-B Grievance Committee found that Bonavita was hired for representation in a family law matter while she was on administrative suspension.

Additionally, Bonavita failed to respond to the grievance.

Bonavita violated Rules 8.04(a)(8) and (a)(11). She was ordered to pay $500 in attorney’s fees and costs.

On May 17, Robert C. Gerringer [#07826200], 54, of Houston, received a one-year, fully probated suspension effective June 1. An evidentiary panel of the District 4 Grievance Committee found that upon settlement of his clients’ matters, Gerringer failed to hold funds belonging in whole or in part to his clients and third parties separate from Gerringer’s own property. Gerringer failed to promptly deliver to his clients and the third parties funds that they were entitled to receive. Upon receiving funds in which his clients and the third parties had an interest, Gerringer failed to keep the funds separate until there was an accounting and severance of their interests.

Gerringer violated Rules 1.14(a), (b), and (c). He was ordered to pay $3,500 in attorney’s fees and costs.

On May 25, Gary Stephen Abrams [#24010616], 52, of Dallas, received aFive-year, partially probated suspension effective June 1, with the first three months actively suspended and the remainder probated. In representing two complainants, Abrams neglected the legal matters. Abrams failed to hold funds belonging to the complainants that were in Abrams’ possession separate from Abrams’ own property. Abrams failed to promptly deliver to the court monies for court costs, fines, and probation fees. Upon receiving funds in which one complainant had an interest, Abrams failed to promptly notify the complainant. Abrams engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Abrams violated Rules 1.01(b)(1),

1. 14(a) and (b), and 8.04(a)(3). He was ordered to pay $12,894.99 in attorney’s fees and $10,000 in restitution.

On May 25, Douglas A. Broch [#03040300], 52, of League City, accepted a 15-month, fully probated suspension effective June 1. An evidentiary panel of the District 5 Grievance Committee found that Broch failed to keep his client reasonably informed about the status of his matter and to promptly comply with reasonable requests for information from his client. During the course of Broch’s representation of the client, Broch was administratively suspended from the practice of law for noncompliance with State Bar Minimum Continuing Legal Education requirements and was not able to practice law.

Broch was notified of the grievance and advised that he was to furnish a response to the grievance. Broch failed to respond to the Chief Disciplinary Counsel’s Office.

Broch violated Rules 1.03(a) and

8. 04(a)(8) and (a)(11). He agreed to pay $3,500 in attorney’s fees and costs.

On May 27, Paul Andrew Smith [#24010408], 41, of Austin, agreed to a one-year, fully probated suspension effective June 1. An evidentiary panel of the District 9 Grievance CommitteeFound that in a matter involving family law, Smith failed to submit a written order to the court for signature, failed to promptly notify the client that there was no signed written order, and failed to explain the significance of the missing order to the client.

Smith violated Rules 1.01(b)(1),

1. 03(a) and (b), 2.01, and 8.04(a)(1). He was ordered to pay $970.71 in attorney’s fees and expenses and $750 in restitution.

On June 1, Donald Wesley Linnenbank [#00786064], 55, of Sugar Land, received a three-year, fully probated suspension effective May 1, 2011. An evidentiary panel of the District 5-A Grievance Committee found that Linnenbank neglected a legal matter entrusted to him and failed to promptly comply with reasonable requests for information from his client.

Linnenbank violated Rules 1.01(b)(1) and 1.03(a). He was ordered to pay $2,450 in attorney’s fees and $750 in restitution.

On June 8, Martin Raabe Jr.

[#16442200], 69, of Conroe, accepted a one-year, fully probated suspension effective June 1. Raabe was convicted of structuring cash bank deposits totaling $158,345 by utilizing deposits of $10,000 or less in violation of Title 31,

U. S. Code, Sections 5324(a)(3) and 5324(d) and Title 31, Code of Federal Regulations, Section 103.11, a crime reflecting adversely on Raabe’s honesty, trustworthiness, or fitness as a lawyer.

Raabe violated Rule 8.04(a)(2). He agreed to pay $500 in attorney’s fees and expenses.

On June 11, Richard Joseph Tholstrup [#00793079], 56, of Houston, accepted a two-year, fully probated suspension effective July 1. An evidentiary panel of the District 4-E Grievance Committee found that Tholstrup knowingly offered or used evidence that he knew to be false and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation.Tholstrup violated Rules 3.03(a)(5) and 8.04(a)(3). He was ordered to pay $400 in attorney’s fees.

On July 19, Glen Allen Engle [#00789280], 54, of Beaumont, accepted a twenty-one month, partially probated suspension effective March 26, with the first three months actively served and the remainder probated. An evidentiary panel of the District 3-A Grievance Committee found that Engle was appointed to represent a client in an appellate matter; however, Engle failed to file the briefs and/or request an extension of time to file the briefs. By order of the Court of Appeals, the cases were remanded back to the trial court to determine whether or not the client wished to pursue the appeals, which she did. The Court then scheduled a hearing to determine if Engle should remain as counsel and ordered Engle to appear.

Engle failed to appear. Additionally, Engle failed to respond to the grievance.

Engle violated Rules 1.01(b)(1) and

8. 04(a)(8). He was ordered to pay $1,022.90 in attorney’s fees and costs.

On July 19, Juan Jose Rivera [#24039139], 39, of Sugar Land, accepted a one-year, fully probated suspension, effective Aug. 1. An evidentiary panel of the District 4-F Grievance Committee found that, in two separate matters, Rivera neglected the legal matters entrusted to him and failed to keep his clients reasonably informed about the status of their matters.

Rivera violated Rules 1.01(b)(1) and

1. 03(a). He agreed to pay $475 in attorney’s fees.

On June 21, Philip M. Grazier [#08342500], 58, of San Marcos, accepted a two-year, fully probated suspension effective March 18. An evidentiary panel of the District 15-3 Grievance Committee found that Grazier failed to respond to his client’s requests for information, neglected the representation of his client, and failed to respond to the grievance timely.Grazier violated Rules 1.01(b)(1),

1. 03(a), and 8.04(a)(8). He was ordered to pay $1,500 in attorney’s fees and expenses and $300 in restitution.

On July 21, Laura Gayle Nelson [#14903550], 56, of Corpus Christi, accepted a two-year, fully probated suspension effective July 1. The District 11- 1 Grievance Committee found that, in connection with three family law matters, Nelson failed to promptly respond to her clients’ requests for information, to keep the clients reasonably informed, to provide an accounting of her time as requested by the clients, and to timely file a written response to the grievances.

Nelson violated Rules 1.03(a),

1. 14(b), and 8.04(a)(8). She was ordered to pay $2,700 in attorney’s fees and expenses and $9,026 in restitution.

On July 26, Diantha G. Brennan [#07685800], 54, of Houston, accepted a two-year, fully probated suspension effective Aug. 1. An evidentiary panel of the District 4-E Grievance Committee found that Brennan, following the appeal of a previous judgment and subsequent agreement, failed to pay restitution and attorney’s fees, as ordered.

Brennan also failed to respond to the grievance.

Brennan violated Rules 8.01(b) and

8. 04(a)(7) and (a)(8). She agreed to pay $300 in attorney’s fees and $2,000 in restitution.

On June 28, John D. Nation [#14819700], 57, of Dallas, agreed to a one-year, partially probated suspension effective Sept. 1, with the first two months actively served and the remainder probated. The 191st Judicial District Court found that the complainant hired Nation to obtain post-judgment relief in the complainant’s criminal case. Nation neglected the complainant’s case by failing to timely file a motion to vacate sentence.

Nation violated Rule 1.01(b)(1). He was ordered to pay $6,000 in attorney’s fees and costs.On July 30, Ike N.A. Waobikeze [#24004975], 48, of Houston, accepted a two-year, fully probated suspension effective July 1. The 55th Judicial District Court in Harris County found that Waobikeze failed to hold funds and other property belonging in whole or part to a third person in a lawyer’s possession separate from Waobikeze’s own property. Upon receiving funds or other property in which the third person had an interest, Waobikeze failed to promptly notify the third person. Waobikeze failed to keep funds or other property in which both the lawyer and another person claimed interests separate until there was an accounting and severance of their interests.

Waobikeze violated Rules 1.14(a),

(b) , and (c). He agreed to pay $2,200 in attorney’s fees and costs.
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