Date
Discipline Imposed
Description
9/14/2012
Public Reprimand Without Publication
The attorney was ordered to receive a public reprimand without general publication for violations of Rules 1.15(c) and 8.4(g), Ala. R. Prof. C. A review of the attorney's trust account…
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Date: 9/14/2012
Discipline Imposed: Public Reprimand Without Publication
Description:
The attorney was ordered to receive a public reprimand without general publication for violations of Rules 1.15(c) and 8.4(g), Ala. R. Prof. C. A review of the attorney's trust account records demonstrated that he had repeatedly made personal payments directly from his trust account. It did not appear, however, that any client funds were used to make personal payments from the trust account. Rather, the attorney improperly deposited earned attorney’s fees into the trust account and failed to transfer the earned fees from the trust account into his operating or personal account. In addition, the attorney failed to label his trust account as either “Trust Account”, Fiduciary Account”, or “Escrow Account”, as required by Rule 1.15(a), Ala. R. Prof. C. The Disciplinary Commission also ordered the attorney to enroll in and complete the Alabama Lawyer Practice Management Assistance Program within six months of the date of the Order on Conditional Guilty Plea.
9/4/2012
Private Reprimand
On September 4, 2012, the attorney received a private reprimand for violating Rules 1.3, and 1.4, Ala. R. Prof. C. In October of 2008, the respondent attorney filed a long-term…
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Date: 9/4/2012
Discipline Imposed: Private Reprimand
Description:
On September 4, 2012, the attorney received a private reprimand for violating Rules 1.3, and 1.4, Ala. R. Prof. C. In October of 2008, the respondent attorney filed a long-term disability claim for a client in circuit court. The case was removed to federal court because the matter involved an ERISA claim. A scheduling order was issued notifying the parties that amended pleadings were due by May 1, 2009. In September of 2009, a status conference was held because there had been no activity on the case for six months. At the status conference, the respondent attorney requested the court to allow him until October 1, 2009 to file the proposed amended complaint. On October 1, 2009, the respondent attorney filed the amended complaint, but did not show cause why the amended complaint should be allowed. As a result, the magistrate judge concluded that the amended complaint should be deemed untimely and that the matter was due to be dismissed. The respondent attorney was then notified to file any objections to the court’s ruling by November 16, 2009, but the respondent attorney did not file any objection. According to the complainant, the respondent attorney failed to keep him informed as to the disposition of the case, and failed to advise him that his case had been dismissed.
8/31/2012
Suspended
The attorney was suspended from the practice of law in the State of Alabama by order of the Alabama Supreme Court for a period of 91 days, with 30 to…
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Date: 8/31/2012
Discipline Imposed: Suspended
Description:
The attorney was suspended from the practice of law in the State of Alabama by order of the Alabama Supreme Court for a period of 91 days, with 30 to serve, effective August 31, 2012. The remaining 61 days of the suspension were suspended and deferred pending successful completion of a two-year probationary period. The Supreme Court entered its order based upon the decision of the Disciplinary Commission of the Alabama State Bar wherein the attorney was found guilty of violating Rule 4.2, Ala. R. Prof. C. While representing a client, the attorney admitted that he communicated about the subject of the representation with a party he knew to be represented by another lawyer in the matter without the consent of the other lawyer and without being otherwise authorized to do so.
8/30/2012
Private Reprimand
On August 30, 2012, the attorney received a private reprimand for a violation of Rule 8.4(g), Ala. R. Prof. C. A client being represented by the respondent attorney’s son wanted…
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Date: 8/30/2012
Discipline Imposed: Private Reprimand
Description:
On August 30, 2012, the attorney received a private reprimand for a violation of Rule 8.4(g), Ala. R. Prof. C. A client being represented by the respondent attorney’s son wanted to talk to the respondent attorney. Thereafter, the respondent attorney and the client communicated numerous times over the course of several days by text message. The text messages contained language that was romantically and sexually suggestive, which was inappropriate, under any circumstances, between a lawyer and client or potential client. Although there was no evidence that the respondent attorney and the client ever engaged in any physical relationship or that respondent attorney offered to represent her in exchange for sex, the text messages, under the circumstances, were inappropriate.
8/30/2012
Private Reprimand
On August 30, 2012, the attorney received a private reprimand for violating Rules 7.1(a), 7.5(a), and 8.4(g), Ala. R. Prof. C. In May of 2011, the respondent attorney purchased two…
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Date: 8/30/2012
Discipline Imposed: Private Reprimand
Description:
On August 30, 2012, the attorney received a private reprimand for violating Rules 7.1(a), 7.5(a), and 8.4(g), Ala. R. Prof. C. In May of 2011, the respondent attorney purchased two web domains using the names of two other bankruptcy attorneys in the area. Whenever a potential client clicked on links to these domains, the client would be directed to the respondent attorney’s webpage, luring the clients away from the other two bankruptcy attorneys. The respondent attorney denied any attempt to mislead or confuse potential clients, and acknowledged that he purchased both web domains after hiring a consulting firm that specializes in internet advertising and searches.
8/20/2012
Private Reprimand
On August 20, 2012, the attorney received a private reprimand for violations of Rules 8.1(b) and 8.4(g), Ala. R. Prof. C. On October 7, 2011, the respondent attorney issued a…
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Date: 8/20/2012
Discipline Imposed: Private Reprimand
Description:
On August 20, 2012, the attorney received a private reprimand for violations of Rules 8.1(b) and 8.4(g), Ala. R. Prof. C. On October 7, 2011, the respondent attorney issued a check for $150.00 for payment of her special membership dues. The check was returned for insufficient funds. The respondent attorney was notified of same. She did not remit payment until May 31, 2012.
8/20/2012
Private Reprimand
On August 20, 2012, the attorney received a private reprimand for violating Rules 1.3, 1.15(a), 1.16(d), and 8.4(g), Ala. R. Prof. C. In June of 2011, the respondent attorney was…
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Date: 8/20/2012
Discipline Imposed: Private Reprimand
Description:
On August 20, 2012, the attorney received a private reprimand for violating Rules 1.3, 1.15(a), 1.16(d), and 8.4(g), Ala. R. Prof. C. In June of 2011, the respondent attorney was hired to probate the will of the complainant’s deceased grandmother, and was paid $1,000.00 at the outset of the representation. The respondent attorney failed to deposit the funds into her trust account. In August of 2011, the complainant terminated the respondent attorney’s services based on her failure to file the will for probate. The respondent attorney did not provide the client a refund of the unearned portion of the fee or an itemized statement until December of 2011. In addition to the private reprimand, the respondent attorney was ordered to make restitution to the complainant in the amount of $300.00. The respondent attorney has also been ordered to enroll in and complete the Alabama Practice Management Assistance Program within six months of the Order accepting the conditional guilty plea.
8/20/2012
Private Reprimand
On August 20, 2012, the attorney received a private reprimand for violating Rule 1.3, Ala. R. Prof. C. In November of 2008, the respondent attorney was hired to represent a…
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Date: 8/20/2012
Discipline Imposed: Private Reprimand
Description:
On August 20, 2012, the attorney received a private reprimand for violating Rule 1.3, Ala. R. Prof. C. In November of 2008, the respondent attorney was hired to represent a client regarding a potential wrongful death claim for the estate of the client’s deceased mother. In December of 2009, the respondent attorney filed a complaint for wrongful death, naming the client as the administratrix of her mother’s estate. After filing suit, the case went to arbitration. During arbitration, the respondent attorney learned that an estate had never been opened. By this time, the statute of limitations had passed which meant that any claim for wrongful death was time barred because the claim had not been brought by the personal representative of the estate within the two-year statute of limitations.
8/10/2012
Private Reprimand
On August 10, 2012, the attorney received a private reprimand for violations of Rules 7.3(b)(1)(ii), and 8.4(a), Ala. R. Prof. C. The respondent attorney sent improper solicitation letters to another…
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Date: 8/10/2012
Discipline Imposed: Private Reprimand
Description:
On August 10, 2012, the attorney received a private reprimand for violations of Rules 7.3(b)(1)(ii), and 8.4(a), Ala. R. Prof. C. The respondent attorney sent improper solicitation letters to another attorney’s client, prior to the client being served with notice of a claim by an opposing party, and prior to the passage of seven days from the date of service.
8/10/2012
Private Reprimand
On August 10, 2012, the attorney received a private reprimand for violating Rule 8.4(g), Ala. R. Prof. C. In March of 2012, the respondent attorney self-reported that he had been…
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Date: 8/10/2012
Discipline Imposed: Private Reprimand
Description:
On August 10, 2012, the attorney received a private reprimand for violating Rule 8.4(g), Ala. R. Prof. C. In March of 2012, the respondent attorney self-reported that he had been arrested and pled guilty to Driving While Ability Impaired, with a prior conviction for DWI in October of 1991.
8/5/2012
Suspended
The Supreme Court of Alabama adopted the September 17, 2012, order of the Alabama State Bar Disciplinary Commission suspending the attorney from the practice of law in the State of…
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Date: 8/5/2012
Discipline Imposed: Suspended
Description:
The Supreme Court of Alabama adopted the September 17, 2012, order of the Alabama State Bar Disciplinary Commission suspending the attorney from the practice of law in the State of Alabama for a period of ninety-one (91) days effective August 5, 2012. On September 10, 2012, the attorney entered a conditional guilty plea in several matters. In several different cases, the attorney admitted to violations of Rules 1.6, 1.7, 1.8(b), 1.9, and 1.16, Ala. R. Prof. C. The attorney also admitted to violations of Rules 8.1(b) and 8.4(g), Ala. R. Prof. C., in a case, Rules 1.3, 1.4(a) and 8.1(b), and Rule 5.5(a)(1), Ala. R. Prof. C. The attorney admitted to a breach of confidential information, willful neglect, failure to communicate, failure to respond to the Bar in disciplinary matters, and the continued practice of law while his law license was suspended.
7/25/2012
Disbarred
The attorney was disbarred from the practice of law in the State of Alabama by order of the Alabama Supreme Court effective 07/25/12. The Supreme Court entered its order based…
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Date: 7/25/2012
Discipline Imposed: Disbarred
Description:
The attorney was disbarred from the practice of law in the State of Alabama by order of the Alabama Supreme Court effective 07/25/12. The Supreme Court entered its order based upon the decision of the Disciplinary Board, Panel II, of the Alabama State Bar wherein the attorney was found guilty of violating Rules 1.1, 1.2(d), 1.3, 1.4(a), 1.4(b), 1.7(b), 1.15(b), 1.15(c), 3.3(a)(1), 8.1(a), and 8.4 (a), (c) and (g), Ala. R. Prof. C. In a case, the attorney was retained by a client to represent her in a divorce. During the proceedings, the client threatened that if her husband did not agree to pay her two million dollars in cash and ignore an antenuptial agreement, she was going to contact the FBI, the DEA, and the IRS to report her husband’s alleged involvement in criminal activity. These threats were made at the behest and with the encouragement of the attorney and were made solely to obtain an advantage in the divorce proceeding. During the representation, issues arose concerning the attorney's relationship with his client. When testifying relative to those issues, the attorney made material misrepresentations of fact about his residence, the nature of the relationship, and the date the relationship began. During the course of the Bar’s investigation of the matter, the attorney also made material misrepresentations of fact to investigators.
7/25/2012
Disbarred
The attorney was disbarred from the practice of law in the State of Alabama by order of the Alabama Supreme Court effective July 25, 2012. The Supreme Court entered its…
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Date: 7/25/2012
Discipline Imposed: Disbarred
Description:
The attorney was disbarred from the practice of law in the State of Alabama by order of the Alabama Supreme Court effective July 25, 2012. The Supreme Court entered its order based upon the decision of the Disciplinary Board, Panel II, of the Alabama State Bar wherein the attorney was found guilty of violating Rules 1.1, 1.2(d), 1.3, 1.4(a), 1.4(b), 1.7(b), 1.15(b), 1.15(c), 3.3(a)(1), 8.1(a), and 8.4 (a), (c) and (g), Ala. R. Prof. C. In a case, a client retained the attorney in March of 2005 to represent her in a sexual harassment claim. During the representation, the attorney failed to respond to discovery, including requests for admissions, and failed to communicate with the client about the discovery issues and the resulting sanctions imposed by the court. The attorney failed to take any corrective action for his deficient performance and conceded substantive issues without discussing them with the client. In addition, the attorney did not reasonably respond to the client’s requests for information regarding the status of the matter and when he did communicate with her, he did not give her complete and accurate information.
7/25/2012
Disbarred
The attorney was disbarred by order of the AL Supreme Court effective 7/25/12. The Supreme Ct entered its order based upon the decision of the Disciplinary Board, Panel II, of…
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Date: 7/25/2012
Discipline Imposed: Disbarred
Description:
The attorney was disbarred by order of the AL Supreme Court effective 7/25/12. The Supreme Ct entered its order based upon the decision of the Disciplinary Board, Panel II, of the ASB wherein he was found guilty of violating Rules 1.1, 1.2(d), 1.3, 1.4(a)&(b), 1.7(b), 1.15(b)&(c), 3.3(a)(1), 8.1(a),& 8.4 (a),(c)& (g), Ala. R. Prof. C. A company made a $10,000. and a $20,000. cash advance to the attorney’s client against the client’s anticipated recovery in a pending worker’s comp. action. The attorney actively participated in each of the cash advances & signed an “Attorney Acknowledgment,” in which he acknowledged the cash advance to his client; & that the advance created a lien against the file & any recovery in the action; promised to contact the company to determine the actual payoff amount of the lien when the proceeds from the worker’s compensation action were distributed; promised to send a check in the amount necessary to satisfy the lien to the company no later than the day he disbursed funds to his client; & promised to provide periodic updates to the company on the status of the case. The attorney did not remit any of the proceeds of the worker’s comp. settlement to the company as agreed. During the course of the investigation of the matter by the local grievance committee, the investigator requested that the attorney produce documentation to support his claim that he notified the company of the settlement. The attorney did not provide the information or otherwise follow up with the investigator.
7/10/2012
Disbarred
Former attorney was disbarred from the practice of law in the State of Alabama, effective July 10, 2012, by Order of the Supreme Court of Alabama. The Supreme Court entered…
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Date: 7/10/2012
Discipline Imposed: Disbarred
Description:
Former attorney was disbarred from the practice of law in the State of Alabama, effective July 10, 2012, by Order of the Supreme Court of Alabama. The Supreme Court entered its order based upon the July 10, 2012, Order on Consent to Disbarment of Panel II of the Disciplinary Board of the Alabama State Bar. The attorney consented to disbarment based upon an investigation concerning his mishandling of client funds. [Rule 23(a), Ala. R. Disc. P.]