disciplinary actions...a final divorce decree was signed in 2010. mathis failed to pre-pare and file...

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388 Texas Bar Journal • May 2016 texasbar.com DISCIPLINARY ACTIONS Contact the Office of Chief Disciplinary Counsel at (512) 453-5535, the Board of Disciplinary Appeals at (512) 475-1578 or txboda.org, or the State Commission on Judicial Conduct at (512) 463-5533. O Our trial team has the experience and unparalleled success to get the right results. Jennifer A. Hasley Board Certified, Civil Trial law Texas Board of Legal Specialization 20 Years Trial Experience including as Assistant Disciplinary Counsel State Bar of Texas Gregory M. Hasley 20 Years Trial Experience Former Vice-Chair of the Texas Disciplinary Rules of Professional Conduct Committee Victor R. Scarano Board Certified, Forensic Psychiatry 24 Years Trial Experience including as a member of the Disability Issues Committee and Texas Lawyers Assistance Program statewide practice ethics, grievance defense, disciplinary appeals, and legal malpractice 5252 Westchester, Suite 125 Houston, Texas 77005 713.667.6900 / 713.667.6904 fax [email protected] www.hasleyscarano.com Hasley Scarano, L.L.P. attorneys & counselors ATTORNEY GRIEVANCES DON’T REPRESENT YOURSELF! How often do you advise clients to represent themselves when accused of wrongdoing? Why give yourself different advice? CONSULTATION OR REPRESENTATION STEVEN L. LEE OVER 30 YEARS EXPERIENCE 11 years experience with the State Bar of Texas as Assistant and Deputy General Counsel as well as Acting General Counsel LAW OFFICE OF STEVEN L. LEE, P.C. 1411 WEST AVENUE, SUITE 100 AUSTIN, TEXAS 78701 (512) 215-2355 Representing Lawyers & Law Students Since 1991 STATEWIDE REPRESENTATION Two Riverway, Suite 1080 Houston, Texas 77056 lated Canons 2A, 2B, 3B(1), 3B(2), and 3B(5) of the Texas Code of Judi- cial Conduct and Article V, section 1-a(6)A of the Texas Constitution. On February 29, 2016, the State Commission on Judicial Conduct issued a public warning and order of additional education to Skeet Lee Jones, county judge in Mentone, Lov- ing County. Jones violated Canons 2A and 3B(2) of the Texas Code of Judi- cial Conduct and Article V, section 1-a(6)A of the Texas Constitution. On February 29, 2016, the State Commission on Judicial Conduct issued a public reprimand to Bradley Wayne Stringer, former justice of the peace of Precinct 3, Place 1 in Hunting- ton, Angelina County. Stringer violated Canons 2A, 3B(2), and 3B(4) of the Texas Code of Judicial Conduct and Article V, section 1-a(6)A of the Texas Constitution. RESIGNATIONS On March 22, 2016, the Supreme Court of Texas accepted the resigna- tion in lieu of discipline of Carrie Beth Crisp [#24074093], 34, of San Marcos. At the time of her resigna- tion, there was one disciplinary matter pending, alleging Crisp accepted or continued employment beyond her competence, continued the represen- tation when her own interest adversely limited her ability to represent her client, neglected the client matter and made false statements to the client about the work that had been per- formed, and failed to return the client JUDICIAL ACTIONS To read the entire public sanctions, go to scjc.texas.gov. On March 3, 2016, the State Com- mission on Judicial Conduct issued a public warning and order of additional education to Ben E. Brady, justice of the peace of Precinct 3, Place 1 in Maxwell, Caldwell County. Brady vio- lated Canons 2A and 3B(2) of the Texas Code of Judicial Conduct and Article V, section 1-a(6)A of the Texas Constitution. On February 25 2016, the State Commission on Judicial Conduct issued a public reprimand and order of additional education to Mike Herrera, 383rd Judicial District Court judge in El Paso, El Paso County. Herrera vio-

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Page 1: Disciplinary Actions...A final divorce decree was signed in 2010. Mathis failed to pre-pare and file a final order awarding the house to the complainant. Finally, Mathis failed to

388 Texas Bar Journal • May 2016 texasbar.com

DISCIPLINARY ACTIONS

Contact the Office of Chief Disciplinary Counsel at (512) 453-5535,the Board of Disciplinary Appeals at (512) 475-1578 or txboda.org,

or the State Commission on Judicial Conduct at (512) 463-5533.

OOur trial team has the

experience and unparalleled success to get

the right results.

Jennifer A. Hasley Board Certified, Civil Trial law

Texas Board of Legal Specialization 20 Years Trial Experience

including as Assistant Disciplinary Counsel

State Bar of Texas

Gregory M. Hasley 20 Years Trial Experience Former Vice-Chair of the

Texas Disciplinary Rules of Professional Conduct Committee

Victor R. Scarano Board Certified, Forensic Psychiatry

24 Years Trial Experience including as a member of the

Disability Issues Committee and Texas Lawyers Assistance Program

statewide practice ethics, grievance defense, disciplinary appeals, and

legal malpractice

5252 Westchester, Suite 125 Houston, Texas 77005

713.667.6900 / 713.667.6904 fax [email protected] www.hasleyscarano.com

Hasley Scarano, L.L.P.attorneys & counselors

ATTORNEY GRIEVANCES

DON’T REPRESENT YOURSELF!

How often do you advise clients to representthemselves when accused of wrongdoing?

Why give yourself different advice?

CONSULTATION OR REPRESENTATION

STEVEN L. LEEOVER 30 YEARS EXPERIENCE

11 years experience with the State Bar of Texas as Assistant and Deputy General

Counsel as well as Acting General Counsel

LAW OFFICE OFSTEVEN L. LEE, P.C.1411 WEST AVENUE, SUITE 100

AUSTIN, TEXAS 78701

(512) 215-2355

Representing Lawyers & Law Students Since 1991

STATEWIDE REPRESENTATION

Two Riverway, Suite 1080Houston, Texas 77056

lated Canons 2A, 2B, 3B(1), 3B(2),and 3B(5) of the Texas Code of Judi-cial Conduct and Article V, section1-a(6)A of the Texas Constitution.

On February 29, 2016, the StateCommission on Judicial Conductissued a public warning and order ofadditional education to Skeet LeeJones, county judge in Mentone, Lov-ing County. Jones violated Canons 2Aand 3B(2) of the Texas Code of Judi-cial Conduct and Article V, section1-a(6)A of the Texas Constitution.

On February 29, 2016, the StateCommission on Judicial Conductissued a public reprimand to BradleyWayne Stringer, former justice of thepeace of Precinct 3, Place 1 in Hunting-ton, Angelina County. Stringer violated

Canons 2A, 3B(2), and 3B(4) of theTexas Code of Judicial Conduct andArticle V, section 1-a(6)A of the TexasConstitution.

RESIGNATIONSOn March 22, 2016, the Supreme

Court of Texas accepted the resigna-tion in lieu of discipline of CarrieBeth Crisp [#24074093], 34, of SanMarcos. At the time of her resigna-tion, there was one disciplinary matterpending, alleging Crisp accepted orcontinued employment beyond hercompetence, continued the represen-tation when her own interest adverselylimited her ability to represent herclient, neglected the client matter andmade false statements to the clientabout the work that had been per-formed, and failed to return the client

JUDICIAL ACTIONSTo read the entire public sanctions, go

to scjc.texas.gov.

On March 3, 2016, the State Com-mission on Judicial Conduct issued apublic warning and order of additionaleducation to Ben E. Brady, justice ofthe peace of Precinct 3, Place 1 inMaxwell, Caldwell County. Brady vio-lated Canons 2A and 3B(2) of theTexas Code of Judicial Conduct andArticle V, section 1-a(6)A of the TexasConstitution.

On February 25 2016, the StateCommission on Judicial Conductissued a public reprimand and order ofadditional education to Mike Herrera,383rd Judicial District Court judge inEl Paso, El Paso County. Herrera vio-

Page 2: Disciplinary Actions...A final divorce decree was signed in 2010. Mathis failed to pre-pare and file a final order awarding the house to the complainant. Finally, Mathis failed to

texasbar.com/tbj Vol. 79, No. 5 • Texas Bar Journal 389

file.Crisp violated Rules 1.01(a), 1.01(b)(1),

1.15(d), and 8.04(a)(3).

On March 22, 2016, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of Jennie R.Mathis [#00793647], 57, of Arling-ton. At the time of Mathis’s resigna-tion, there were two pending matters.In the first matter, in May 2014, thecomplainant hired Mathis in a familylaw matter. Mathis neglected the caseand failed to communicate. In the sec-ond matter, in 2006, the complainanthired Mathis in connection with adivorce. A final divorce decree wassigned in 2010. Mathis failed to pre-pare and file a final order awarding thehouse to the complainant. Finally,Mathis failed to respond to the noticeof complaint.

On March 22, 2016, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of Anirudh

ceedings pending, which among themalleged that Vega neglected legal mat-ters entrusted to him, failed to carryout completely the obligations owed tohis clients, failed to communicate andfailed to keep clients reasonablyinformed about their legal matters,failed to timely return unearned fees,failed to respond to grievances filedagainst him, and failed to properlysupervise nonlawyer staff.

Vega violated Rules 1.01(b)(1),1.01(b)(2), 1.03(a), 1.03(b), 1.15(d),5.03(a), 5.03(b), and 8.04(a)(8). Hewas ordered to pay $27,133 in restitu-tion and $11,357 in attorneys’ fees anddirect expenses.

SUSPENSIONSOn November 10, 2015, Garry Philip

Cantrell [#00789200], 57, of Dallas,received a two-year active suspensioneffective November 10, 2015. The193rd Judicial District Court of DallasCounty found that Cantrell violatedRules 1.04(d) [a contingent fee agree-

D. Sarwal [#24002895], 42, of Austin.At the time of Sarwal’s resignation,a judgment in a criminal case hadbeen entered in the U.S. DistrictCourt for the Northern District ofTexas, Dallas Division, wherein Sarwalpled guilty to conspiracy to commitbank fraud and was committed to thecustody of the Federal Bureau of Pris-ons to be imprisoned for a total termof 57 months and ordered uponrelease from imprisonment to be onsupervised release for a term of twoyears. Sarwal was further ordered topay an assessment in the amount of$100 and restitution in the amountof $13,461,604.31. This convictionwould subject Sarwal to compulsorydiscipline.

On February 16, 2016, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of JoseWilliam Vega [#24034826], 50, ofHouston. At the time of Vega’s resig-nation, there were 38 disciplinary pro-

DISCIPLINARY ACTIONS

Will you REPRESENT YOURSELF? Socrates did and how did that

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State Bar of TexasGrievance Oversight CommitteeAppointed by the Texas Supreme Court

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Texas Board of Disciplinary Appeals

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Conduct Committee    

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Texas Bar Foundation, FellowState Bar of Texas, Member

Brazos County Bar Association, Member

State Bar of TexasGrievance Oversight CommitteeAppointed by the Texas Supreme Court

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Appointed by the Texas Supreme Court   

Chairman, 2001-2003    Vice Chairman, 1994-1996, 1998-2000

   Member, 1992-1996, 1997-2003

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Page 3: Disciplinary Actions...A final divorce decree was signed in 2010. Mathis failed to pre-pare and file a final order awarding the house to the complainant. Finally, Mathis failed to

390 Texas Bar Journal • May 2016 texasbar.com

An evidentiary panel of the District 6Grievance Committee found that inrepresenting the complainant, Fitzger-ald neglected the legal matter entrustedto him. Fitzgerald also failed to keepthe complainant reasonably informedabout the status of her case andpromptly comply with her reasonablerequests for information. Furthermore,Fitzgerald misrepresented informationto the complainant about her case.

Fitzgerald violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(3). He was orderedto pay $1,722.50 in attorneys’ fees anddirect expenses.

On January 26, 2016, Bretton CraigGerard [#07813050], 56, of Richard-son, received a two-year fully probatedsuspension effective February 1, 2016.In February 2013, the complainantrequested representation in a bankruptcymatter and gave property to Gerard tohold toward a retainer. Thereafter,Gerard failed to hold the property sep-arate from his own property. Gerardfailed to deliver the property to thecomplainant upon request and failed topromptly render a full accounting ofthe property.

Gerard violated Rules 1.14(a) and1.14(b). He was ordered to pay $9,800in restitution and $3,570 in attorneys’fees and direct expenses.

On March 10, 2016, Kevin M. Hall[#24041041], 45, of Houston, accepteda one-year fully probated suspensioneffective March 15, 2016. An eviden-tiary panel of the District 4 GrievanceCommittee found that Hall neglecteda legal matter, failed to keep his clientreasonably informed about the status ofher case, and failed to promptly com-ply with his client’s reasonable requestsfor information. Upon the terminationof his representation, Hall failed to sur-render papers and property to whichhis client was entitled and failed totimely respond to the grievance.

Hall violated Rules 1.01(b)(1), 1.03(a),1.15(d), and 8.04(a)(8). He was orderedto pay $1,500 in attorneys’ fees anddirect expenses.

On March 11, 2016, Kevin M. Hall

ment shall be in writing and shall statethe method by which the fee is to bedetermined], 1.14(b) [upon receivingfunds or other property in which aclient or third person has an interest, alawyer shall promptly notify the clientor third person and promptly deliverto the client or third person any fundsor other property that the client orthird person is entitled to receive],3.01 [a lawyer shall not bring ordefend a proceeding, or assert or con-trovert an issue therein, unless thelawyer reasonably believes that thereis a basis for doing so that is not frivo-lous], and 4.04(b)(2) [a lawyer shallnot present civil charges against acomplainant, a witness, or a potentialwitness in a bar disciplinary proceed-ing solely to prevent participation bythe complainant, witness, or potentialwitness therein].

Cantrell was ordered to pay $15,211.57in restitution, $4,821.50 in attorneys’fees, and $530.45 in direct expenses.

On February 18, 2016, Keith F. Ellis[#00790642], 59, of Vidor, received an18-month partially probated suspen-sion effective March 13, 2016, withthe first six months actively suspendedand the remainder probated. An evi-dentiary panel of the District 3 Griev-ance Committee found that Ellisneglected a probate matter, failed tokeep his client reasonably informedabout the status of the probate matter,and failed to promptly comply with hisclient’s reasonable requests for infor-mation. Upon his termination, therespondent failed to refund advancepayments of fees that had not beenearned. The respondent also failed torespond to the grievance.

Ellis violated Rules 1.01(b)(1),1.03(a), 1.15(d), and 8.04(a)(8). Hewas ordered to pay $2,500 in restitu-tion and $1,770 in attorneys’ fees anddirect expenses.

On March 2, 2016, Robert E.Fitzgerald [#07088700], 65, of Dallas,received a five-year partially probatedsuspension effective February 1, 2016,with the first two years actively sus-pended and the remainder probated.

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Page 4: Disciplinary Actions...A final divorce decree was signed in 2010. Mathis failed to pre-pare and file a final order awarding the house to the complainant. Finally, Mathis failed to

texasbar.com/tbj Vol. 79, No. 5 • Texas Bar Journal 391

lawyer to keep a client reasonablyinformed about the status of a matterand promptly comply with reasonablerequests for information].

Jones was ordered to pay $2,494.50in attorneys’ fees and direct expenses.

On March 28, 2016, George GregoryLake [#24081565], 29, of Marshall,received a 36-month partially probatedsuspension effective March 23, 2016,with the first 18 months actively sus-pended and the remainder probated.An evidentiary panel of the District 1Grievance Committee found that inrepresenting the complainant in con-nection with a criminal law matter,Lake neglected the legal matter en-trusted to him by failing to providelegal services. Lake failed to keep thecomplainant reasonably informed aboutthe status of his criminal matter, failedto promptly comply with reasonablerequests for information from the com-plainant about his criminal matter,

and, upon termination of the represen-tation, failed to refund advance pay-ments of fees that had not beenearned.

Lake violated Rules 1.01(b)(1),1.03(a), 1.15(d), and 8.04(a)(8). Hewas ordered to pay $2,000 in restitu-tion and $1,137.25 in attorneys’ fees.

Lake had until April 27, 2016, to filean appeal.

On February 24, 2016, DouglasMatthew McMaster [#13786020], 53,of Brownsville, accepted a 27-monthfully probated suspension effectiveMarch 1, 2016. The District 12 Griev-ance Committee found that McMasterneglected client legal matters, failed topromptly comply with reasonable re-quests for information, and failed torespond to one grievance.

McMaster violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8). He was or-dered to pay $600 in restitution and$1,000 in attorneys’ fees. TBJ

[#24041041], 45, of Houston, accepteda one-year fully probated suspensioneffective March 15, 2016. An eviden-tiary panel of the District 4 GrievanceCommittee found that Hall neglecteda legal matter, failed to keep his clientreasonably informed about the status ofhis case, and failed to promptly complywith his client’s reasonable requests forinformation. Hall further failed to timelyrespond to the grievance.

Hall violated Rules 1.01(b)(1), 1.03(a),and 8.04(a)(8). He was ordered to pay$1,000 in attorneys’ fees and directexpenses.

On February 21, 2016, Robert M.Jones [#10951000], 71, of Duncanville,received a two-year active suspensioneffective March 1, 2016. The 68thJudicial District Court of Dallas Countyfound that Jones violated Rules1.01(b)(1) [prohibiting a lawyer fromneglecting a legal matter entrusted tothe lawyer], and 1.03(a) [requiring a

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DISCIPLINARY ACTIONS