disciplinary actions - houston, texas · of houston, has filed a petition in the 430th district...

820 Texas Bar Journal • November 2015 texasbar.com

Conduct and Article V, § 1-a(6)A ofthe Texas Constitution. She mustobtain four hours of instruction witha mentor in addition to her requiredjudicial education for fiscal year 2016.

REINSTATEMENTS

G. Allen Price [#16287400], 63,of Houston, has filed a petition inthe 430th District Court of HidalgoCounty for reinstatement as a memberof the State Bar of Texas.

DISBARMENTS

On July 9, 2015, George MichaelBarnes [#01767100], 61, of FortWorth, was disbarred. The District 7Grievance Committee found thatBarnes violated a disciplinary judg-ment. Barnes failed to timely furnishto the Office of Chief DisciplinaryCounsel a response or other informa-tion as required by the Texas Rules ofDisciplinary Procedure. Barnes didnot in good faith timely assert a priv-ilege or other legal ground for hisfailure to do so. Barnes engaged inthe practice of law when his right topractice had been suspended.

Barnes violated Rules 8.04(a)(7),8.04(a)(8), and 8.04(a)(11). He wasordered to pay $4,074.17 in attorneys’fees and direct expenses.

On August 21, 2015, Cyril OkeyChukwurah [#24048394], 59, ofHouston, was disbarred. An eviden-tiary panel of the District 4 GrievanceCommittee found that Chukwurahfailed to promptly deliver to the clientand to a third party funds they wereentitled to receive. He also violatedtwo prior disciplinary judgments.

Chukwurah violated Rules 1.14(b)and 8.04(a)(7). He was ordered topay $4,442.75 in attorneys’ fees anddirect expenses.

Chukwurah filed a notice of appealon September 1, 2015.

RESIGNATIONS

On August 28, 2015, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of AlbertoAcevedo Jr. [#00829720], 61, of SanAntonio. Acevedo gave, offered, andagreed to give gifts, payments, andother things of value to then-JudgeAngus McGinty in exchange forfavorable judicial rulings.

Acevedo violated Rule 1.06(z).

On August 28, 2015, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of VernonOrville Carden Jr. [#03787500], 68,of East Bernard. The respondent actedas counsel in a lawsuit that includedclaims against the client related tothe status of title to the minerals andthe status of payments in the pastand future related to the minerals.The claims against the client involveddecisions made and actions takenbased on the respondent’s past work,including his title opinions. Therespondent failed to disclose his in-volvement and his own interests inthe case and failed to inform his clientthat he should not represent his clientin the litigation because he wouldreasonably be anticipated to be anecessary witness. The respondentneglected legal matters entrusted tohim, altered and falsified title-relateddocuments that were of evidentiaryvalue in the litigation, and engaged indeceitful conduct regarding suspendedpayments due to others related to theminerals that came to be in issue inthe lawsuit against the client. He didnot keep the funds in a trust account,did not inform the third persons whohad claims to the funds that he hadreceived the money, and did notpromptly distribute the funds to thepersons entitled to them.

Carden violated Rules 1.01(b)(2),1.03(a), 1.03(b), 1.06(b)(2), 1.14(a),

JUDICIAL ACTIONS

On September 5, 2015, the StateCommission on Judicial Conductissued a public reprimand to EricClifford, judge of the 6th DistrictCourt in Paris, Lamar County. Clif-ford violated Canons 2A, 2B, 3B(1),3B(2), 3B(4), 3B(5), 3B(8), 3B(10),and 4D(2) of the Texas Code of Judi-cial Conduct and Article V, § 1-a(6)A of the Texas Constitution.

On September 5, 2015, the StateCommission on Judicial Conductissued a public warning and order ofadditional education to Jeanine L.Howard, judge of the Criminal Dis-trict Court No. 6 in Dallas, DallasCounty. Howard violated Canon3B(10) of the Texas Code of Judicial

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.

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texasbar.com/tbj Vol. 78, No. 10 • Texas Bar Journal 821

1.14 (b), 1.14(c), 3.03(a)(1), 3.04(a),3.04(b), 3.08(a), 3.08(b), 4.01(a),8.04(a)(1), and 8.04(a)(3).

On August 28, 2015, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of Paul A.Esquivel [#00797917], 47, of SanAntonio. At the time of Esquivel’sresignation, there were nine discipli-nary matters pending alleging thatEsquivel failed to carry out completelythe obligations owed to clients, failedto communicate with clients, failedto ensure that his employees’ conductwas compatible with the ethical obli-gations of a lawyer, charged or collectedunconscionable fees, filed frivolouspleadings, failed to exercise properprofessional judgment, made a falsestatement of material fact to a tribunal,failed to properly safeguard clients’funds, failed to properly deliver fundsthat belonged to clients, committedtheft, failed to return clients’ files, hadmisleading communications on hiswebsite, failed to have on file therequired filing for his website with theAdvertising Review Committee, andviolated his prior disciplinary judgments.

Esquivel violated Rules 1.01(b)(2),1.03(a), 1.03(b), 1.04(a), 1.14(a), 1.14(b),1.15(d), 2.01, 3.01, 3.03(a)(1), 5.03(a),5.03(b), 1.15(d), 7.02(a)(1), 7.02(a)(3),7.02(a)(4), 7.05(a)(3), 7.07(c),8.04(a)(2), 8.04(3), and 8.04(7).

On September 8, 2015, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of GregoryG. Jones [#10889370], 59, of South-lake. At the time of Jones’s resigna-tion, there were two pending casesagainst him.

In the first case, in representingthe complainant in an employmentmatter, Jones neglected the legalmatter by failing to perform legalservices after filing the lawsuit, failedto keep the complainant reasonablyinformed of the status of the matter,failed to respond to requests forinformation from the complainant

legal matters; failed to promptlycomply with reasonable requests forinformation from clients about theirlegal matters; failed to explain mattersto the extent reasonably necessary topermit clients to make informeddecisions regarding the representation;entered into an arrangement for,charging, or collecting an uncon-scionable or illegal fee from clients;failed to hold funds belonging toclients separate from her own property;failed to promptly deliver to clientsfunds that clients were entitled toreceive; upon termination of repre-sentation, failed to surrender papersor property to which clients wereentitled; made a false or misleadingcommunication about her qualificationsor services; failed to comply with theState Bar of Texas Advertising ReviewCommittee’s application requirements;made a false statement of materialfact in a disciplinary matter; commit-

about the legal matter, failed to pro-vide an accounting of the retainerafter requested by the complainant,failed to return the unearned fee afterhis services were terminated, andfailed to respond to the grievance.

In the second case, in representingthe complainant in a breach of contractmatter, Jones neglected the legal mat-ter by failing to perform legal servicesafter filing the lawsuit, failed to keepthe complainant reasonably informedof the status of the matter, failed torespond to requests for informationfrom the complainant about the legalmatter, failed to return the unearnedfee and legal documents after hisservices were terminated, failed tokeep funds received by the com-plainant in a separate account, andfailed to respond to the grievance.

It is alleged that Jones violatedRules 1.01(b)(1), 1.03(a), 1.14(a),1.14(b), 1.15(d), and 8.04(a)(8).

On August 28, 2015, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of ErnestM. Powell III [#16195010], 55, ofHouston. At the time of Powell’s res-ignation, there were four disciplinaryproceedings pending alleging thatPowell neglected legal matters entrustedto him, failed to keep clients reason-ably informed about their legal mat-ters, failed to timely return unearnedfees, failed to respond to grievancesfiled against him, and engaged inconduct involving dishonesty, fraud,deceit, or misrepresentation.

Powell violated Rules 1.01(b)(1),1.03(a), 1.15(d), 8.04(a)(3), and8.04(a)(8).

On September 8, 2015, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of SherinThawer [#00798542], 45, of Irving.

At the time of Thawer’s resigna-tion, there were 21 matters pendingalleging that she neglected legal mat-ters; failed to keep clients reasonablyinformed about the status of their


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Barry [#24036192], 38, of Austin,received a 12-month probated sus-pension effective September 1, 2015.An evidentiary panel of the District9 Grievance Committee found thatBarry disseminated the websites barrylawaustin.com and austin-injury-law-answers.com but did not, on or priorto their first posting on the Internet,file the lawyer advertising and solici-tation communication application andrequired filing fee with the Advertis-ing Review Committee of the StateBar of Texas. Although notified inboth instances of his failure to fileand instructed to comply, Barry failedto submit the required filings. Barrywas sent a second notice of his failureto file on the barrylawaustin.com siteand the required remedial steps, butagain failed to submit the requiredfiling.

The austin-injury-law-answers.comsite contains the description of a set-tlement in a DWI case but does notinclude information about the dam-ages or injuries sustained by the client.Barry referenced results obtained forseveral clients. Although he listedthe amount of the settlement and anapproximate distribution to the client,he failed to provide information regard-ing the attorneys’ fees and expenseswithheld from the settlement.

Barry violated Rules 7.02(a)(2),7.07(c), and 8.04(a)(1). He was orderedto pay $2,681.70 in attorneys’ fees anddirect expenses.

On August 26, 2015, Jose AngelBecerra [#24026790], 41, of Laredo,received a two-year partially probatedsuspension effective August 24,2015, with 15 days actively servedand the remainder probated. TheDistrict 12 Grievance Committeefound that Becerra neglected clientrepresentations, failed to abide by hisclient’s decision on whether toaccept a settlement, failed to keepclients reasonably informed, failed toreturn client files, and failed torespond to the grievance.

of America v. Timothy L. Wright, AliasesTimothy L. Wright, III, The Judge, andTimothy Lane Wright, III, Defendant,in the U.S. District Court for theWestern District of Texas, AustinDivision, wherein the respondentpled guilty to count 1—engaging inthe business of dealing firearms with-out a license—and count 2—falsestatement to government agents. Hewas committed to the custody of theFederal Bureau of Prisons to beimprisoned for 18 months on eachcount, to be served concurrently. Therespondent was ordered upon releasefrom imprisonment to be on supervisedrelease for three years on each countto be served concurrently and to payan assessment of $200 and a fine of$15,000. This conviction would sub-ject Wright to compulsory discipline.

SUSPENSIONS

On August 19, 2015, Carl Redford

ted a serious crime; engaged in conductinvolving dishonesty, fraud, deceit,or misrepresentation; violated a dis-ciplinary judgment; failed to respondto grievances; engaged in the practiceof law when her right to practice hadbeen suspended; and violated lawsrelating to the professional conductof lawyers and to the practice of law.

It is alleged that Thawer violatedRules 1.01(b)(1), 1.03(a), 1.03(b), 1.04(a),1.14(a), 1.14(b), 1.15(d), 7.02(a)(2)(i),7.07, 8.01(a), 8.04(a)(2), 8.04(a)(3),8.04(a)(7), 8.04(a)(8), 8.04(a)(11),and 8.04(a)(12).

On September 8, 2015, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of TimothyLane Wright [#22060000], 70, ofGeorgetown. At the time of Wright’sresignation, a judgment in a criminalcase had been entered in Case No.A15-CR-0089-SS, styled United States

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Becerra violated Rules 1.01(b)(2),1.02(a), 1.03(a), 1.03(b), 1.15(d),8.01(b), and 8.04(a)(8). He was orderedto pay $3,307.51 in attorneys’ feesand direct expenses.

On September 23, 2015, Scott K.Huber [#24013905], 48, of Dallas,received a 12-month partially probatedsuspension effective October 15, 2015,with the first three months activelysuspended and the remainder probated.An evidentiary panel of the District6 Grievance Committee found thaton or about June 26, 2009, the com-plainant hired Huber in connectionwith a civil matter. In representingthe complainant, Huber neglectedthe legal matter entrusted to him byfailing to perform any work on thematter, and he failed to promptly com-ply with reasonable requests from thecomplainant for information abouther civil matter. Huber failed totimely furnish to the Office of ChiefDisciplinary Counsel a response orother information as required by theTexas Rules of Disciplinary Proce-dure. Huber did not in good faithtimely assert a privilege or other legalground for his failure to do so.

Huber violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8). He was orderedto pay $1,000 in restitution, $2,120in attorneys’ fees, $250 in attorneys’fees as ordered in the petitioner’smotion for discovery sanctions(entered on March 11, 2015), and$972.88 in direct expenses.

On June 29, 2015, Jennie R.Mathis [#00793647], 57, of Arling-ton, was actively suspended from thepractice of law for a period of fiveyears beginning September 1, 2015,and ending August 31, 2020. An evi-dentiary panel of the District 7Grievance Committee found thatMathis failed to both safeguard thecomplainant and supervise a non-lawyer employee. In addition, sheengaged in conduct involving dishon-esty, fraud, deceit, or misrepresentation.

with three years active and two yearsprobated. An evidentiary panel ofthe District 7 Grievance Committeefound that in June 2008, Tafel washired to represent his client in asocial security disability matter.Thereafter, Tafel neglected the caseby failing to provide legal services,failed to communicate with hisclient, and failed to respond to thegrievance.

Tafel violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8). He wasordered to pay $1,300 in attorneys’fees and direct expenses.

On September 17, 2015, JohnFisher Taylor II [#19706050], 63, ofSan Antonio, agreed to a six-monthfully probated suspension effectiveSeptember 15, 2015. The District 10Grievance Committee found thatTaylor failed to keep his client rea-sonably informed, failed to hold his

Mathis violated Rules 1.14(a),5.03(a), 5.03(b)(1), 5.03(b)(2)(ii),and 8.04(a)(3). She was ordered topay $230,000 in restitution and $1,500in direct expenses and attorneys’ fees.

On August 31, 2015, Frederick L.McGuire [#24001190], 67, of Hous-ton, accepted an 18-month fully pro-bated suspension effective September1, 2015. The 164th Civil DistrictCourt of Harris County found thatMcGuire violated Rule 1.14(c)[failed to keep disputed funds sepa-rate and to distribute undisputedfunds appropriately].

McGuire was ordered to pay $2,125in attorneys’ fees and $629.51 indirect expenses.

On August 5, 2015, Roger MathewTafel [#19607775], 53, of Euless,received a five-year partially probatedsuspension effective August 5, 2015,


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September 1, 2015. The District 16-3 Grievance Committee found thatWilliams neglected a client matter.

Williams violated Rule 1.01(b)(1).He was ordered to pay $500 in resti-tution and $800 in attorneys’ feesand direct expenses.

PUBLIC REPRIMANDS

On July 13, 2015, Frank E. MannIII [#12924250], 57, of Houston,accepted a public reprimand. The333rd Civil District Court of HarrisCounty found that Mann committedprofessional misconduct by violatingRule 5.03(a) [With respect to a non-lawyer employed or retained by orassociated with a lawyer: a lawyerhaving direct supervisory authorityover the non-lawyer shall makereasonable efforts to ensure that theperson’s conduct is compatible withthe professional obligations of thelawyer].

Mann agreed to pay $1,000 inrestitution and $1,339.10 in attor-neys’ fees and direct expenses.

On July 17, 2015, James L.Mitchell [#14214100], 63, of SanAntonio, accepted a public repri-mand. The District 10 GrievanceCommittee found that Mitchellfailed to return a client file andunearned fees and failed to respondto the grievance.

Mitchell violated Rules 1.15(d)and 8.04(a)(8). He agreed to pay$1,000 in restitution and $800 inattorneys’ fees and direct expenses.

On August 17, 2015, Patrick J.Ruzzo [#17469440], 52, of Houston,received an agreed judgment of pub-lic reprimand. An evidentiary panelof the District 4 Grievance Commit-tee found that in representing aclient, Ruzzo neglected the legalmatter entrusted to him and failed tokeep the client reasonably informedabout the status of the legal matter.Upon termination of representation,Ruzzo failed to refund advanced

client’s funds in a trust account,failed to account for fees paid, andfailed to return the client’s file.

Taylor violated Rules 1.03(a),1.14(a), 1.14(b), and 1.15(d). He wasordered to pay $1,000 in attorneys’fees and direct expenses.

On September 14, 2015, AlexVasquez [#20502050], 57, of Ama-rillo, received an 18-month probatedsuspension effective September 15,2015. The District 13 GrievanceCommittee found that Vasquez en-gaged in conduct involving dishon-esty, fraud, deceit, or misrepresentation.

Vasquez violated Rule 8.04(a)(3).He was ordered to pay $2,125 inattorneys’ fees and direct expenses.

On September 8, 2015, PaulKobbe Williams [#21566400], 59,of Midland, accepted a three-monthfully probated suspension effective

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payments of fees that had not beenused.

Ruzzo violated Rules 1.01(b)(1),1.03(a), 1.03(b), and 1.15(d). Hewas ordered to pay $500 in restitu-tion and $1,025 in attorneys’ feesand direct expenses.

On July 23, 2015, Daniel ArmandoSandoval [#24075521], 34, of SanAntonio, accepted a judgment ofpublic reprimand. The District 10Grievance Committee found thatSandoval failed to carry out com-pletely the obligations owed to aclient, abide by the client’s decisionsconcerning the objectives of repre-sentation, keep the client reasonablyinformed, and withdraw when clientswere adverse.

Sandoval violated Rules 1.01(b)(2),1.02(a)(1), 1.03(a), and 1.06(d). Hewas ordered to pay $1,500 in attor-neys’ fees and direct expenses.

fessional misconduct by violatingRule 1.14(a) [failing to hold fundsand other property belonging inwhole or part to clients or third per-sons in a lawyer’s possession separatefrom the lawyer’s own property].

Lanfear violated Rule 1.14(a). Shewas ordered to pay $750 in attorneys’fees and direct expenses.

On September 15, 2015, Gary M.Riebschlager [#16902200], 59, ofHouston, accepted an agreed judg-ment of public reprimand. An evi-dentiary panel of the District 4Grievance Committee found that inconnection with a bar admissionapplication for the state of Kansas,Riebschlager failed to correct a mis-apprehension known to have arisenin the matter.

Riebschlager violated Rule 8.01(b).He was ordered to pay $500 in attor-neys’ fees. TBJ

On September 24, 2015, TravisRichard Alley [#01078010], 59, ofFort Worth, received an agreed judg-ment of public reprimand. An evi-dentiary panel of the District 7Grievance Committee found that inrepresenting the complainant, Alleyneglected the legal matter entrustedto him, failed to keep the com-plainant reasonably informed aboutthe status of his legal matter, andfailed to refund unearned legal fees.

Alley violated Rules 1.01(b)(1),1.03(a), and 1.15(d). He was orderedto pay $10,000 in restitution and$1,350 in attorneys’ fees and directexpenses.

On September 15, 2015, MichelleSorokwasz Lanfear [#00784444],47, of San Antonio, accepted a judg-ment of public reprimand. The 408thCivil District Court of Bexar Countyfound that Lanfear committed pro-


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disciplinary actions - houston, texas · of houston, has filed a petition in the 430th district...

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