On January 10, 2020, the Disciplinary Commission of the Alabama State Bar issued a private reprimand to an attorney for violating Rules 1.3 [Diligence], 1.4 [Communication], and 8.4(d) [Misconduct], Alabama Rules of Professional Conduct. In January 2017, the attorney was retained to represent a client on a charge of Rape 1st. The client agreed to pay the attorney $15,000.00 in total, with an initial payment of $3,000.00 and then $1,000.00 monthly for twelve months. On Sunday, March 31, 2019, the attorney filed a Motion to Continue the trial, citing a conflict with a trial scheduled to begin on April 1 in federal court in Decatur. The Motion to Continue was denied on the morning of April 1 and the case was called for trial. The client was present in Court and the attorney advised the client the day before court to attend without her to “avoid any failure to appear” issues. The Court attempted to contact the attorney on that day. However, they were unable to reach anyone. The Court then continued the trial, entered an Order removing the attorney as defense counsel, and appointed a separate attorney to defend the client.

The Alabama Supreme Court issued an order suspending former Birmingham attorney Mark Bishop Turner from the practice of law in Alabama for a period of ninety-one days, split to serve forty-five days, followed by a two-year probationary period, effective December 19, 2019 through February 2, 2020. In addition, Turner was ordered to make a full refund to the client. The Supreme Court entered its order based upon the Disciplinary Commission’s Order, wherein Turner admitted to violating Rules 1.1 [Competence], 1.3 [Diligence], 1.4 [Communication], 1.15(a) [Safekeeping Property], 1.16(d) [Declining or Terminating Representation], and 8.4(d) and (g) [Misconduct], Alabama Rules of Professional Conduct. In December 2016, Turner was retained to probate the estate of a client’s deceased brother and to file suit to prevent the deceased brother’s girlfriend from selling any of his possessions until after the estate had been probated. Turner agreed to accept a flat fee of $5,000.00 in the matter. From December 2016 until April 2017, the client repeatedly questioned Turner as to whether he had taken any action to preserve her brother’s property or open an estate. Turner promised to file suit in district court to prevent the girlfriend from selling or disposing of any property belonging to the deceased brother and he repeatedly informed the client he would be filing for probate of her brother’s estate. However, Turner failed to do so. Instead, in March 2017, a stepdaughter from a former marriage of the deceased brother submitted a 2002 will for probate. Turner subsequently entered a notice of appearance on the client’s behalf, which was the only filing on the client’s behalf prior to Turner’s termination by the client in April 2017. After Turner’s termination, he failed to refund any unearned fees to the client. Additionally, the client issued a check to Turner in the amount of $680.77 to pay property taxes on her deceased brother’s home. Turner failed to place the funds in trust as required by Rule 1.15, Alabama Rules of Professional Conduct. Turner also failed to pay the property taxes until approximately three months later.

Issaquah, Washington attorney Brett Lee Wadsworth, who is also licensed in Alabama, was suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective August 28, 2019. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Wadsworth be suspended for failing to comply with the 2018 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

An attorney received a public reprimand without general publication on November 1, 2019 for violating Rules 5.5 [Unauthorized Practice of Law], and 8.4 (d) and (g) [Misconduct], Alabama Rules of Professional Conduct. On January 15, 2019, the attorney was officially listed as inactive after failing to renew his occupational license. Prior to being listed as inactive, the attorney received four emails reminding him to renew his license between September 1, 2018 and November 1, 2018. The attorney then received three letters from the Bar reminding him to renew his license from November of 2018 to January 15, 2019, when the attorney was notified that he was listed as inactive for failing to renew his occupational license. On January 31, 2019, the Office of General Counsel was notified that the attorney was continuing to practice law despite not being licensed to do so. On January 31, 2019, the attorney emailed the Clerk of the Supreme Court of Alabama on behalf of his client. In the attorney’s email, he stated he was pursuing a Petition for Writ of Certiorari before the United States Supreme Court and requested a certified copy of the record before the Court. On that same day, the attorney filed a Response to a Motion in a Circuit Court matter. The attorney’s response was subsequently struck by the Court after the Court determined the attorney was not licensed to practice law. The attorney also filed a pleading on behalf of a plaintiff in another Circuit Court matter on January 18, 2019.

On November 13, 2019, an attorney received a private reprimand for violating Rules 1.1 [Competence], 1.4(a) [Communication], 1.5(a) [Fees], 3.2 [Expediting Litigation], 8.4(a) and 8.4(g) [Misconduct] of the Alabama Rules of Professional Conduct. An inmate retained the attorney in April of 2016 and paid the attorney $8,500 to file an appeal. On October 19, 2016, the Court of Criminal Appeals denied the appeal. The attorney notified the client the appeal was denied and took full responsibility for the untimely filing due to the attorney’s own illness. A few months later the Court of Criminal Appeals affirmed the judgment against the client. The attorney informed the client he would file an expedited appeal from the denial which required an additional $400 to obtain the transcript. On January 12, 2017, the attorney filed a motion for an out-of-time appeal and requested a hearing. A hearing regarding the motion was held and the appeal was granted but the judge ordered the attorney to withdraw.

On November 13, 2019, an attorney received a private reprimand for violating Rules 1.1 [Competence], 2.1 [Advisor], and 8.4(a) [Misconduct] of the Alabama Rules of Professional Conduct. The attorney agreed to assist a family member in purchasing a successful pizza business. The family member was a citizen of a country prohibited from conduction banking transactions with the United States. As such, the seller was required to accept funds from a third-party in a country permitted to conduct banking business with the United States. Furthermore, successful immigration required a very large financial investment in the United States, totaling in excess of one million dollars. Because of the attorney’s inexperience and lack of knowledge about these issues, the family member became dissatisfied with the transaction and the attorney’s representation. The attorney admitted to negligently taking on more responsibility in the representation of the family member than he should have. The attorney negligently failed to appreciate the language and cultural differences that made it almost impossible for the family member to successfully operate the business.

- On November 13, 2019, an attorney received a private reprimand for violating Rules 5.1(b) [Responsibilities of Partner or Supervisory Lawyer] and 8.4(a) [Misconduct] of the Alabama Rules of Professional Conduct. The attorney’s subordinate attorney admitted he agreed to assist a family member in purchasing a successful pizza business. The family member was a citizen of a country prohibited from conduction banking transactions with the United States. As such, the seller was required to accept funds from a third-party in a country permitted to conduct banking business with the United States. Furthermore, successful immigration required a very large financial investment in the United States, totaling in excess of one million dollars. Because of the subordinate attorney’s inexperience and lack of knowledge about these issues, the family member became dissatisfied with the transaction and his representation. The subordinate attorney admitted he negligently took on more responsibility in the representation of the family member than he should have. He negligently failed to appreciate the language and cultural differences that made it almost impossible for the family member to successfully operate the business. The attorney admitted he failed to properly monitor the actions of his subordinate during their representation of their family member. The attorney failed to restrict the scope of his subordinate attorney’s efforts to assist the family member in the negotiations regarding the purchase of the business.

On November 7, 2019, the Disciplinary Commission of the Alabama State Bar issued a private reprimand to an attorney for violating Rules 1.4(a) and (b) [Communication], and 3.2 [Expediting Litigation], Alabama Rules of Professional Conduct. On August 7, 2017, the attorney was retained by a client regarding the eviction of two (2) tenants. The client paid the attorney a $400.00 retainer. The attorney and the client both agreed the attorney’s fee for performing the legal work was $750.00, plus the process server and filing fees of $341.00. The attorney was paid in full on September 7, 2017. Thereafter, the attorney failed to adequately communicate with the client and expedite the litigation consistent with the client’s interests.

On November 7, 2019, the Disciplinary Commission of the Alabama State Bar issued a private reprimand to an attorney for violating Rule 1.15(e) [Safekeeping Property], Alabama Rules of Professional Conduct. In April 2019, the Office of General Counsel received two insufficient funds notices regarding an attorney’s trust account. The attorney was asked to provide a written explanation regarding the overdraft. In his written response, he stated he inadvertently wrote a personal check to the IRS for income taxes in the amount of $20,000.00 from his trust account rather than his payroll account. The attorney was ordered to provide the last year of his trust account bank statements, copies of cancelled checks, records of deposit and his general ledger to the Office of General Counsel. According to Rule 1.15(e), Alabama Rules of Professional Conduct, an attorney is required to maintain each of these records for the last six years. However, the attorney was unable to provide a general ledger because he did not maintain a general ledger for the trust account, as required.

A Mobile attorney was issued a public reprimand without general publication on November 1, 2019, as ordered by the Disciplinary Commission of the Alabama State Bar, for violating Rules 5.5 [Unauthorized Practice of Law], and 8.4(d) and (g) [Misconduct], Alabama Rules of Professional Conduct. On January 15, 2019, the attorney was officially listed as inactive after failing to renew his occupational license. Prior to being listed as inactive, the attorney received several notifications from September 1, 2018 to January 15, 2019, reminding him to renew his occupational license. On January 30, 2019, the presiding municipal judge for the City of Mobile reported the attorney had been engaging in the unauthorized practice of law. On January 30, 2019, the attorney approached the judge ex parte and asked him to continue a case to allow him and the prosecutor additional time to negotiate an agreement. The judge agreed to do so and then subsequently engaged in small talk. After a few minutes of small talk, the attorney asked the judge to keep the conversation private and to not put anything on the record regarding the continuance because the attorney had an ongoing issue with the Bar. The attorney then informed the judge he had failed to renew his license timely and was not authorized to practice law.

On November 1, 2019, the Disciplinary Commission issued the respondent attorney a public reprimand without general publication for violating Rules 5.5 [Unauthorized Practice of Law], and 8.4 (d) and (g) [Misconduct], Alabama Rules of Professional Conduct. In January 2018, the respondent attorney was involved in a dispute with the complainant involving the respondent attorney's employer in the State of Texas. The complainant advised the Bar that the respondent attorney submitted an affidavit in the complainant's divorce case in which the respondent attorney averred he was an attorney providing legal services to his employer in the State of Texas. However, the respondent attorney was not actually licensed to practice law in the State of Texas. Further, Texas does not have a rule allowing lawyers licensed in other states to serve as in-house counsel for a Texas based company. Additionally, the respondent attorney identified himself on his LinkedIn page as General Counsel for his employer in the State of Texas.

A Phenix City attorney received a public reprimand without general publication on November 1, 2019, as ordered by the Disciplinary Commission of the Alabama State Bar, for violating Rules 1.3 [Diligence], 1.4 [Communication], 8.1(a) [Bar Admission and Disciplinary Matters], and 8.4(g) [Misconduct], Alabama Rules of Professional Conduct. In April of 2018, the attorney was hired by a client to file an uncontested divorce for a flat fee of $750.00. A week later, the client picked up the paperwork to be signed by himself and his wife. The executed paperwork was returned at the end of April and the client provided the attorney with the $236.13 filing fee. The check for the filing fee was negotiated by the attorney on May 16, 2018. The client heard nothing further from the attorney until August of 2018. At that time, the attorney informed the client to provide a family member who could serve as a witness. After doing so, the client heard nothing further from the attorney and subsequently filed a bar complaint on December 10, 2018. The client and his mother repeatedly attempted to contact the attorney for a status update without success. In her response to the Bar complaint, the attorney stated she filed the uncontested divorce upon receipt of the signed documents from the client. The attorney also stated that after filing the uncontested divorce, she requested the court on numerous occasions to finalize the divorce. However, the Court later informed the attorney that she was also required to file a Commission Statement by a non-party since there were no children born from the marriage. The attorney stated that she immediately notified the client of the new requirement and a week later, the witness came to the attorney’s office and signed the Commission Statement. Additionally, the attorney stated she filed the Commission Statement the same day and three days later, the Court issued the final divorce decree. However, the attorney’s response to the client’s bar complaint was not truthful and contained material misrepresentations of fact. Contrary to the attorney’s response to the client’s complaint, she did not file the uncontested divorce until October 13, 2018, six months after receiving the signed paperwork from the client and his wife. The Commission Statement was signed by the witness on November 14, 2018. However, the attorney did not file the Commission Statement the same day as she stated in her response to the Bar, but rather three weeks later on December 3, 2018. The Court issued the final divorce decree three days later.

Irvington attorney, Paul Ricky Kornis received a Public Reprimand with General Publication on November 1, 2019 for violating Rule 3.5 [Impartiality and Decorum of the Tribunal], Alabama Rules of Professional Conduct. In 2017, Kornis was retained by Huntsville International Research Institute (“HIRI”) and its principals on federal claims involving an alleged fraudulent attempt by a third-party to obtain insurance for HIRI, to steal money from HIRI, and to steal a government subcontract. During this time period, HIRI was represented by another attorney on related claims in state court. While not counsel of record for HIRI in the matter pending in state court, Kornis improperly communicated ex parte with the judge presiding over the state court matter. On or about April 9, 2018, Kornis emailed the state court judge a letter in which Kornis attempted to argue the merits of the matter involving HIRI and pending before the judge. In doing so, Kornis accused one of the parties and their attorney of various criminal acts.

Scottsboro attorney Frank Brian Rice was disbarred from the practice of law in the State of Alabama, effective October 23, 2019. The Supreme Court entered its order based on the Disciplinary Board’s Order, wherein Rice was found guilty of violating Rules 1.3 [Diligence], 1.4 [Communication], 1.15(a), (b), (e), and (n) [Safekeeping Property], 8.1(a) and (b) [Bar Admission and Disciplinary Matters], and 8.4(d) and (g) [Misconduct], Alabama Rules of Professional Conduct. Rice was hired by a client to draft and file an uncontested divorce on her behalf. The client paid $400 to Rice as his legal fee in the matter. On September 14, 2018, the client and her husband signed all of the paperwork and paid Rice $225 for the filing fee. Rice informed the client he would file the paperwork on September 17, 2018. Rice failed to do so. The client attempted to communicate with Rice as to why the uncontested divorce had not been filed. Rice failed to respond until November 19, 2018, when he informed the client, via text message, that he would file the paperwork the next day. However, Rice failed to do so. On November 26, 2018, the client learned the paperwork had not been filed and demanded a refund of her fee and the filing fee. Rice responded he would file her paperwork the next day. Again, Rice failed to do so. After the client filed a Bar complaint, Rice represented to the Bar that the filing fee and legal fee were still being held in his trust account. However, Rice did not deposit either in this trust account as required by Rule 1.15, Alabama Rules of Professional Conduct. Rice had already spent both the legal and filing fees paid by the client. Additionally, Rice was ordered to provide the Bar with all trust account records required to be maintained under Rule 1.15, Alabama Rules of Professional Conduct. However, Rice failed to produce any of the trust account records.

Mobile attorney John Walter Sharbrough, III was disbarred from the practice of law in the State of Alabama, effective October 23, 2019. The Supreme Court entered its order based on the Report and Order of the Disciplinary Board of the Alabama State Bar, disbarring Sharbrough after he was found guilty of violating Rules 1.3 [Diligence] and 8.4(d) and (g) [Misconduct], Alabama Rules of Professional Conduct. On January 27, 2017, the appellant, Health Options Plus, Inc. filed a Notice of Appeal from the Mobile Circuit Court in Case No. CV-14-86. Sharbrough represented the appellee in the appeal, Winfred Petrey. The case was subsequently selected for mediation screening by the Appellate Mediation office on February 16, 2017. Sharbrough failed to return the mediation materials as directed. On March 20, 2017, the Appellate Mediation Office issued an order to Sharbrough requiring the forms to be completed and returned no later than March 2, 2017. Sharbrough failed to return the materials as directed. On March 20, 2017, the Appellate Mediation Office issued an order to Sharbrough requiring the forms to be submitted no later than March 27, 2017. Sharbrough subsequently failed to comply with the order. As a result, the Appellate Mediation Office reinstated the appeal to the active docket of the Supreme Court on March 28, 2017. Sharbrough subsequently failed to file an appellee’s brief on behalf of his client, Winfred Petrey. As such, the matter was submitted to the Supreme Court of Alabama on the appellant’s brief. The Supreme Court of Alabama affirmed the trial court’s judgment, without opinion, on September 15, 2017. On October 27, 2017, the Supreme Court of Alabama voted to impose a monetary sanction of $500.00 against Sharbrough as a result of his failure to respond to and comply with the Appellate Mediation Office. Sharbrough failed to pay the sanction or respond to the order. As a result, on December 14, 2017, the Supreme Court of Alabama issued a Show Cause Order to Sharbrough based on his failure to pay the sanction or otherwise respond to the Court’s order. The Show Cause Order warned that Sharbrough’s failure to respond would result in the matter being reported to the Disciplinary Commission of the Alabama State Bar. Sharbrough failed to respond and the Court reported the matter to the Bar. Thereafter, the Office of General Counsel made repeated attempts to contact Sharbrough and obtain a written response to the Court’s complaint. Sharbrough failed to respond. As a result, Sharbrough was summarily suspended from the practice of law on July 23, 2018, for failing to respond to a disciplinary matter.