Disciplinary History

On October 24, 2023, an Anniston Alabama attorney was issued a private reprimand pursuant to Rule 12(d)(1), Alabama Rules of Disciplinary Procedure for violating Rule 1.3 [Diligence], 1.4 [Communication], and 8.4(d) and (g) [Misconduct], Alabama Rules of Professional Conduct. The attorney was hired to represent a client in a personal injury claim in July 2020. Thereafter, the attorney failed to diligently represent the client and failed to communicate with the client as to the status of the claim. The attorney admitted he never sent the demand letter and had little communication with the insurer and missed the statute of limitations.

Florence attorney Mollie Hunter McCutchen was ordered disbarred from the practice of law in the State of Alabama effective at the end of her current disbarment, October 24, 2023. The Alabama Supreme Court entered its order based upon the Report and Order entered May 8, 2019, by Panel III of the Disciplinary Board of the Alabama State Bar, disbarring McCutchen in ASB No. 2012-1276 for violating Rules 1.15(d), 8.1(b), 8.4(a), 8.4(c), and 8.4(g), Alabama Rules of Professional Conduct, and in ASB No. 2013-2046 for violating Rules 1.3, 1.4, 1.15(d), 8.1(b), 8.4(a), and 8.4(g), Alabama Rules of Professional Conduct. [ASB No. 2012-1276 and 2013-2046]

Mobile attorney Patrick Mattox Hyndman was suspended from the practice of law in the State of Alabama for a period of ninety (91) days, pursuant to Rule 8(b), Alabama Rules of Disciplinary Procedure, by the Disciplinary Board of the Alabama State Bar. The Disciplinary Board ordered the suspension to be held in abeyance and that Hyndman be placed on probation for a period of 2-years effective October 12, 2023. While on probation Hyndman is ordered to enroll and complete the Practice Management Assistance Program within thirty (30) days. In ASB No. 2021-1123, the Disciplinary Board found Hyndman guilty of violating Rules 1. 4 [Communication] and 8.4(c) and (g) [Misconduct], Alabama Rules of Professional Conduct. Hyndman was ordered to make restitution to the client. The Disciplinary Board determined that Hyndman undertook to represent the client on an estate matter in December 2020. While representing the client, Hyndman informed the client on multiple occasions that he was going to file the petition to open the estate but then failed to do so.

In ASB No. 2022-467 and ASB No. 2022-891, Hyndman admitted the factual allegations of the formal charges previously filed by the Bar. In ASB No. 2022-467, Hyndman pled guilty to violating Rules 1.3 [Diligence], 1.4 [Communication], 1.5(b) [Fees], 1.15 [Safekeeping Property], 5.1 [Responsibilities of a Partner or Supervisory Lawyer], 8.1(b) [Bar Admission and Disciplinary Matters], 8.4(d) and (g) [Misconduct], Alabama Rules of Professional Conduct. In ASB No. 2022-891, Hyndman pled guilty to violating Rules 1.15 [Safekeeping Property], 8.1(a) [Bar Admission and Disciplinary Matters], 8.4(c) and (g) [Misconduct], Alabama Rules of Professional Conduct. [ASB Nos. 2021-1123; 2022-467; 2022-891]

Mobile attorney Patrick Mattox Hyndman was suspended from the practice of law in the State of Alabama for a period of ninety (91) days, pursuant to Rule 8(b), Alabama Rules of Disciplinary Procedure, by the Disciplinary Board of the Alabama State Bar. The Disciplinary Board ordered the suspension to be held in abeyance and that Hyndman be placed on probation for a period of 2-years effective October 12, 2023. While on probation Hyndman is ordered to enroll and complete the Practice Management Assistance Program within thirty (30) days. In ASB No. 2021-1123, the Disciplinary Board found Hyndman guilty of violating Rules 1. 4 [Communication] and 8.4(c) and (g) [Misconduct], Alabama Rules of Professional Conduct. Hyndman was ordered to make restitution to the client. The Disciplinary Board determined that Hyndman undertook to represent the client on an estate matter in December 2020. While representing the client, Hyndman informed the client on multiple occasions that he was going to file the petition to open the estate but then failed to do so.

In ASB No. 2022-467 and ASB No. 2022-891, Hyndman admitted the factual allegations of the formal charges previously filed by the Bar. In ASB No. 2022-467, Hyndman pled guilty to violating Rules 1.3 [Diligence], 1.4 [Communication], 1.5(b) [Fees], 1.15 [Safekeeping Property], 5.1 [Responsibilities of a Partner or Supervisory Lawyer], 8.1(b) [Bar Admission and Disciplinary Matters], 8.4(d) and (g) [Misconduct], Alabama Rules of Professional Conduct. In ASB No. 2022-891, Hyndman pled guilty to violating Rules 1.15 [Safekeeping Property], 8.1(a) [Bar Admission and Disciplinary Matters], 8.4(c) and (g) [Misconduct], Alabama Rules of Professional Conduct. [ASB Nos. 2021-1123; 2022-467; 2022-891]

Mobile attorney Patrick Mattox Hyndman was suspended from the practice of law in the State of Alabama for a period of ninety (91) days, pursuant to Rule 8(b), Alabama Rules of Disciplinary Procedure, by the Disciplinary Board of the Alabama State Bar. The Disciplinary Board ordered the suspension to be held in abeyance and that Hyndman be placed on probation for a period of 2-years effective October 12, 2023. While on probation Hyndman is ordered to enroll and complete the Practice Management Assistance Program within thirty (30) days. In ASB No. 2021-1123, the Disciplinary Board found Hyndman guilty of violating Rules 1. 4 [Communication] and 8.4(c) and (g) [Misconduct], Alabama Rules of Professional Conduct. Hyndman was ordered to make restitution to the client. The Disciplinary Board determined that Hyndman undertook to represent the client on an estate matter in December 2020. While representing the client, Hyndman informed the client on multiple occasions that he was going to file the petition to open the estate but then failed to do so.

In ASB No. 2022-467 and ASB No. 2022-891, Hyndman admitted the factual allegations of the formal charges previously filed by the Bar. In ASB No. 2022-467, Hyndman pled guilty to violating Rules 1.3 [Diligence], 1.4 [Communication], 1.5(b) [Fees], 1.15 [Safekeeping Property], 5.1 [Responsibilities of a Partner or Supervisory Lawyer], 8.1(b) [Bar Admission and Disciplinary Matters], 8.4(d) and (g) [Misconduct], Alabama Rules of Professional Conduct. In ASB No. 2022-891, Hyndman pled guilty to violating Rules 1.15 [Safekeeping Property], 8.1(a) [Bar Admission and Disciplinary Matters], 8.4(c) and (g) [Misconduct], Alabama Rules of Professional Conduct. [ASB Nos. 2021-1123; 2022-467; 2022-891]

Mobile attorney Timothy Marion Shepard, Jr., was suspended from the practice of law in the State of Alabama for a period of ninety (91) days with the suspension to be held in abeyance. Shepard was placed on probation for a period of 2-years effective October 12, 2023. While on probation, Shepard must complete the Practice Management Assistance Program within thirty (30) days. Shepard was also ordered to refund the client the legal fee. The suspension was based upon the Disciplinary Commission’s acceptance of Shepard’s Conditional Guilty Plea, wherein Shepard pled guilty in ASB No. 2023-332, to violating Rules 1.3 [Diligence], 1.4 [Communication], and 8.4 (c), (d), and (g) [Misconduct], Alabama Rules of Professional Conduct. Shepard was hired to represent a client in May 2018, to quiet title to property adjoining his land which the client had purchased at a tax sale. Shepard filed suit on behalf of the client on June 4, 2018, and an amended complaint on July 8, 2019. Shepard subsequently moved for the appointment of a GAL to protect the interests of potential unknown parties. Shepard filed a second amended complaint on May 3, 2021, naming the parties identified by the GAL. Shepard and his client, as well as the defendants, failed to appear at the hearing on June 3, 2021. As such, the Court issued another order setting the final hearing of the matter for June 17, 2021. In the Order, the Court warned that failure to attend would result in the dismissal of the case. On June 17, 2021, the defendants appeared in Court, but neither Shepard nor his client appeared. As such, the case was dismissed without prejudice. After the case was dismissed, the GAL filed a motion seeking payment of his GAL fee in the amount of $1,575. On July 2, 2021, the Court issued a Show Cause Order directing Shepard and his client to appear on August 10, 2021, to show cause as to why the fee was not previously paid. Shepard and his client failed to appear. The Court then issued a judgment against the client. In September 2022, Shepard exchanged text messages with his client in which Shepard informed the client that his case was ongoing. Shepard’s text messages gave the impression that he had been in contact with the Court to check on the status of the case. In fact, Shepard had not contacted the court or checked on the status of the case.

Albertville attorney Albert Dalton Chandler was summarily and interimly suspended from the practice of law in the State of Alabama by order of the Disciplinary Commission of the Alabama State Bar effective October 11, 2023. The Disciplinary Commission’s order was based on a Petition for Summary/Interim Suspension filed by the Office of General Counsel of the Alabama State Bar wherein it was determined that Chandler was engaging in continuing conduct that was causing or likely to cause immediate and serious injury to a client or the public. The Alabama Supreme Court noted Chandler’s interim suspension effective October 11, 2023.

On September 8, 2023, a Birmingham attorney received a public reprimand without general publication for violating Rules 1.1 [Competence], 1.3 [Diligence]; 1.4 [Communication]; and, 8.1 [Bar Admission and Disciplinary Matters], Alabama Rules of Disciplinary Procedure. The pertinent facts are that the attorney was retained by a client to assist in being refunded a tax payment overage. The attorney failed to return multiple phone calls from the client, failed to return the client’s documents or properly conclude the representation.

Florence, Alabama, attorney Andrew Jay Spry was issued a Public Reprimand without General Publication by the Disciplinary Commission of the Alabama State Bar on September 8, 2023, for violating Rules 8.4(c), (d), and (g), Alabama Rules of Professional Conduct. An attorney formerly employed by Spry’s office filed a complaint after Spry signed her name to final title insurance policies, without her permission, after she was terminated. At the time of her termination, the attorney had reviewed several dozen title searches in preparation for the issuance of the title policy/opinion. During this time period, the firm was several months behind on issuing final title insurance policies on closings already conducted by the firm. Spry’s firm utilizes a real estate software program called Qualia to prepare the title policies/opinions. The software automatically populates the responsible attorney’s name into the policy or opinion. In addition, the software allowed a “signature stamp” of the attorney’s name to be added to the policy. After the attorney’s termination, Spry continued to use the attorney’s “signature stamp” in the software to sign the attorney’s name to final title insurance policies because the attorney conducted the closing and acted as title agent. After the attorney revoked permission to use her name on any further policies, Spry continued to add her signature to approximately 20-75 other policies issued by the firm.

Dothan attorney Arthur Ross Medley, upon completion of a two (2) year probationary period, was issued a public reprimand with general publication, as ordered by the Disciplinary Commission on January 5, 2021, for violating Rules 1.3 [Diligence] and 8.4(a) and (g) [Misconduct], Alabama Rules of Professional Conduct. The order of Disciplinary Commission was based on a complaint filed with the Office of General Counsel wherein, after investigation, it was determined that Medley failed to timely file a brief in representing a client before the Alabama Court of Criminal Appeals. Further, Medley previously failed to timely file briefs at the Alabama Court of Criminal Appeals on multiple occasions and had been disciplined for doing so within the two years preceding 2021. [ASB No. 2020-227]

Tuscaloosa, Alabama, attorney Edward Hopkins Pradat was suspended from the practice of law in the State of Alabama for a period of one hundred eighty (180) days by Order of the Supreme Court of Alabama, effective August 23, 2023. The Supreme Court entered its order based on the Disciplinary Commission’s order of July 18, 2023, accepting Pradat’s conditional guilty plea wherein Pradat admitted to violating Rules 1.8(a), 1.15, 8.4(b), (c) and (g), Alabama Rules of Professional Conduct. During the interview with the Office of General Counsel, Pradat initially denied having engaged in any type of sexual relationship with the client. Pradat subsequently admitted to having a consensual relationship with the client but claimed it was during a period of time in which he was not actively representing the client in any legal matter. Pradat also initially denied asking any client to procure prescription medication on his behalf, but later admitted to providing money to a client and having the client procure Adderall on his behalf. Pradat also borrowed trust account funds belonging to a client without complying with Rule 1.8(a), Ala. R. Prof. C. In addition, Pradat commingled personal and client funds in his trust account and failed to properly maintain trust account records.

Birmingham attorney Ashley Rose Rhea was summarily suspended from the practice of law in the State of Alabama by the Disciplinary Commission of the Alabama State Bar, effective August 9, 2023, for failing to respond to formal requests for a written response concerning a disciplinary matter. Rhea subsequently submitted a written response and petitioned for dissolution of the summary suspension. The Disciplinary Commission granted the petition and ordered that the summary suspension be dissolved on August 14, 2023.

Mobile attorney Malcolm Bailey Conway is currently disbarred from the practice of law in the State of Alabama. He has received another disbarment, effective August 9, 2023, to run consecutively to his current disbarment from the practice of law. The Supreme Court entered its order based on the Report and Order of the Disciplinary Board of the Alabama State Bar, disbarring Conway after he was found guilty of violating Rules 1.16(d) [Declining or Terminating Representation], 8.1(b) [Bar Admission and Disciplinary Matters], and 8.4 (g) [Misconduct], Ala. R. Prof. C. In August of 2016, a client retained Conway for a child support matter. At the conclusion of the case, the client requested his file and the return of tax documents that were previously provided to Conway. Despite numerous phone calls and emails by the client requesting the file and the tax documents, Conway failed to return the file or the tax documents to the client. Conway failed to respond to the client’s bar complaint despite requests to do so by the Office of General Counsel of the Alabama State Bar.

Birmingham attorney TREMELE DESHUN PERRY was disbarred from the practice of law in the State of Alabama by order of the Alabama Supreme Court, effective August 9, 2023. The Supreme Court entered its order based on the Disciplinary Board’s Order, of June 26, 2023, wherein Perry was found guilty of violating Rules 1.3 [Diligence], 1.4 [Communication], 8.4 (a), (c), and (g) [Misconduct], in ASB-2021-693 and ASB-2022-218. Perry was found guilty of violations of Rules 1.3 [Diligence], 1.4 [Communication], 8.4 (a), and (g) [Misconduct], in ASB-2022-137, ASB-2022-149, ASB-2022-339, and ASB-2022-446. Perry was found guilty of violations of Rules 3.3(a)(1) [Candor Toward the Tribunal], 4.1 [Truthfulness in Statements to Others], 5.5(a) and (d) [Unathorized Practiced of Law], and 8.4, (a), (c), and (g) [Misconduct], in ASB-2022-967, Alabama Rules of Professional Conduct. Formal charges were filed against Perry on or about October 21, 2022. Perry did not file an answer. On February 23, 2023, the Disciplinary Board issued an Order finding the formal charges admitted as a matter of law pursuant to Rule 12(e)(1), Alabama Rules of Disciplinary Procedure. In ASB-2021-693, the Office of General Counsel received a complaint that Perry failed to settle or otherwise prosecute a matter entrusted to him. Perry repeatedly misrepresented that an offer had been tendered in the matter. Perry also repeatedly failed to respond to reasonable requests for information. In ASB-2022-149, ASB-2022-339, and ASB-2022-446, the Office of General Counsel received three complaints alleging Perry failed to settle or otherwise prosecute matters entrusted to him. Perry also continuously failed to respond to reasonable requests for information or otherwise keep the clients abreast of the progress of the matters. In ASB-2022-137, the Office of General Counsel received a complaint that Perry filed a lawsuit and then otherwise failed to prosecute the matter. Perry also failed to respond to reasonable requests for information. In ASB-2022-218, the Office of General Counsel received a complaint alleging Perry failed to inform the client of an upcoming hearing. Perry failed to attend the hearing and the client was ordered to pay a judgment of $135,000.00, without the benefit of availing himself to the court. In ASB-2022-967, the Office of General Counsel opened a complaint against Perry for practicing law without a license. Perry was summarily suspended from the practice of law on March 23, 2023, for failure to respond to pending complaints with the Office of General Counsel. Perry filed a motion in a pending matter on April 25, 2022.

Birmingham attorney TREMELE DESHUN PERRY was disbarred from the practice of law in the State of Alabama by order of the Alabama Supreme Court, effective August 9, 2023. The Supreme Court entered its order based on the Disciplinary Board’s Order, of June 26, 2023, wherein Perry was found guilty of violating Rules 1.3 [Diligence], 1.4 [Communication], 8.4 (a), (c), and (g) [Misconduct], in ASB-2021-693 and ASB-2022-218. Perry was found guilty of violations of Rules 1.3 [Diligence], 1.4 [Communication], 8.4 (a), and (g) [Misconduct], in ASB-2022-137, ASB-2022-149, ASB-2022-339, and ASB-2022-446. Perry was found guilty of violations of Rules 3.3(a)(1) [Candor Toward the Tribunal], 4.1 [Truthfulness in Statements to Others], 5.5(a) and (d) [Unathorized Practiced of Law], and 8.4, (a), (c), and (g) [Misconduct], in ASB-2022-967, Alabama Rules of Professional Conduct. Formal charges were filed against Perry on or about October 21, 2022. Perry did not file an answer. On February 23, 2023, the Disciplinary Board issued an Order finding the formal charges admitted as a matter of law pursuant to Rule 12(e)(1), Alabama Rules of Disciplinary Procedure. In ASB-2021-693, the Office of General Counsel received a complaint that Perry failed to settle or otherwise prosecute a matter entrusted to him. Perry repeatedly misrepresented that an offer had been tendered in the matter. Perry also repeatedly failed to respond to reasonable requests for information. In ASB-2022-149, ASB-2022-339, and ASB-2022-446, the Office of General Counsel received three complaints alleging Perry failed to settle or otherwise prosecute matters entrusted to him. Perry also continuously failed to respond to reasonable requests for information or otherwise keep the clients abreast of the progress of the matters. In ASB-2022-137, the Office of General Counsel received a complaint that Perry filed a lawsuit and then otherwise failed to prosecute the matter. Perry also failed to respond to reasonable requests for information. In ASB-2022-218, the Office of General Counsel received a complaint alleging Perry failed to inform the client of an upcoming hearing. Perry failed to attend the hearing and the client was ordered to pay a judgment of $135,000.00, without the benefit of availing himself to the court. In ASB-2022-967, the Office of General Counsel opened a complaint against Perry for practicing law without a license. Perry was summarily suspended from the practice of law on March 23, 2023, for failure to respond to pending complaints with the Office of General Counsel. Perry filed a motion in a pending matter on April 25, 2022.