Disciplinary History

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 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.

On March 13, 2023, the Disciplinary Board issued a private reprimand to an attorney for violating Rules 4.2 (a) [Communication with Person Represented by Counsel] and 8.4(g) [Misconduct], Alabama Rules of Professional Conduct. The attorney admitted to directly contacting an opposing party who was represented by counsel regarding the subject of the litigation and inquiring about confidential communications. The attorney had complete knowledge the client was represented by counsel, but he chose to contact the represented party instead of the opposing attorney. During the course of the investigation, the attorney provided false or misleading information.

Birmingham attorney Thedric Brackett, Jr. is currently disbarred from the practice of law in the State of Alabama. He has received another disbarment, effective March 10, 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 Brackett after he was found guilty of violating Rules 1.2(d) [Scope of Representation], 3.4 [Fairness to Opposing Parties and Counsel], 4.1 [Truthfulness in Statements to Others], 8.1(b) [Bar Admission and Disciplinary Matters], and 8.4(a), (c), (d), and (g) [Misconduct], Ala. R. Prof. C. In 2016, Brackett was retained by a client to sue an individual regarding possession or title of a vehicle. Brackett provided copies of pleadings to the credit union that held the loan on the vehicle. Subsequently, when the individual attempted to pay off and obtain title to the vehicle, the payment was not accepted due to the purported lawsuit. The individual insisted she had never been served with a lawsuit. Corporate counsel for the credit union researched the AlaCourt filing system and discovered the case number on the purported pleadings were for another lawsuit. The Jefferson County Clerk confirmed that the case number provided by Brackett was fictitious or incorrect. No such lawsuit was filed and the pleadings provided to the credit union were fraudulent. Additionally, Brackett failed to respond to multiple requests from the Office of General Counsel of the Alabama State Bar for a written response to the client’s complaint.

On November 4, 2022, the Disciplinary Commission of the Alabama State Bar issued a private reprimand to an attorney for violating Rule 1.1 [Competence], Alabama Rules of Professional Conduct. The pertinent facts are that the attorney prepared an Option to Purchase Agreement for the sale of an immediate family member’s homestead giving the right to purchase the homestead for a sum certain within a specified time frame upon the death of the immediate family member to a second family member. The probate judge presiding over the estate of the immediate family member found the attorney, either deliberately or ineptly, prepared the Option to Purchase Agreement without consideration to cause the agreement to not be a valid contract and not enforceable.

On January 18, 2022, the Disciplinary Commission of the Alabama State Bar ordered a private reprimand be issued to an attorney for violating Rules 1.1 [Competence], 4.1 [Truthfulness to Others], 5.3 [Responsibilities Regarding Non-Lawyer Assistants], and 8.4 (c) and (g) [Misconduct], of the Alabama Rules of Professional Conduct. The attorney was retained by a purchaser to close a real estate transaction. The attorney admitted he failed to obtain confirmation from the buyers as to their agreement to a slight price change. Also, the attorney admitted that the attorney and/or attorney’s staff indicated an incorrect sales price on the closing documents. The attorney acknowledged a correct sales price is one of the most important pieces of information to verify when handling a real estate closing and admitted responsibility for their own actions as well as the actions of non-attorney employees. Further, the attorney admitted to failing to take action to correct the incorrect sales price after the buyers brought the error to the attorney’s attention, aside from suggesting the buyers contact the sellers.

Georgia, attorney Michael Anthony Eddings, who is also licensed in the State of Alabama, was ordered by the Disciplinary Board of the Alabama State Bar, to receive reciprocal discipline of disbarment in the State of Alabama, effective January 31, 2023, pursuant to Rule 25, Alabama Rules of Disciplinary Procedure. Eddings was disbarred from the practice of law in the State of Georgia for violating Rules 3.3, 4.1, 4.2(a), 8.1(a), and 8.4(a)(4) of the Georgia Rules of Professional Conduct. According to the Supreme Court of Georgia, Eddings, while representing a client charged with murder, interviewed a material witness that was represented by an attorney and failed to obtain permission prior to interviewing the material witness. During the witnesses’ murder trial Eddings testified under oath that he was aware that the witness was represented by other counsel and that he had not obtained counsel’s permission to speak with the witness. Eddings maintained that he was not required to obtain permission prior to speaking to the witness. The day following testimony, Eddings sent an email to the judge presiding over the murder trial and recanted his sworn trial testimony and averred that he had been given permission to speak with the witness by counsel.

Montgomery attorney Brian Daniel Mann was interimly suspended from the practice of law in the State of Alabama by order of the Disciplinary Commission of the Alabama State Bar effective December 28, 2022. The Disciplinary Commission’s order was based on a Petition for Interim Suspension filed by the Office of General Counsel of the Alabama State Bar wherein it was determined that Mann 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 Mann’s interim suspension effective December 28, 2022.

Fairhope attorney James McCauley Smith was suspended from the practice of law for a period of one (1) year in the State of Alabama by the Supreme Court of Alabama, effective December 15, 2022. The Supreme Court entered its order based upon the Disciplinary Board’s Report and Order, wherein Smith was found guilty of violating Rules 1.15 [Safekeeping] and 8.4(b), (c) and (g) [Misconduct] Alabama Rules of Professional Conduct. Smith admitted that he failed to deposit earned fees into his trust account and failed to file business and personal taxes for the past 4-5 years.

On November 28, 2022, the Supreme Court of Alabama issued an order accepting the voluntary surrender of Samuel Mark Hill’s license to practice law in the State of Alabama, with an effective date of November 28, 2022.

Bessemer attorney Lonnie Anthony Washington, Sr., was disbarred from the practice of law in the State of Alabama by Order of the Supreme Court of Alabama, effective November 23, 2022. The Supreme Court entered its order based upon the November 4, 2022, Order of Panel I of the Disciplinary Board of the Alabama State Bar. The Supreme Court entered its order based on the Disciplinary Board’s acceptance of Washington’s Consent to Disbarment based on pending disciplinary matters.

Bessemer attorney Lonnie Anthony Washington, Sr., was disbarred from the practice of law in the State of Alabama by Order of the Supreme Court of Alabama, effective November 23, 2022. The Supreme Court entered its order based upon the November 4, 2022, Order of Panel I of the Disciplinary Board of the Alabama State Bar. The Supreme Court entered its order based on the Disciplinary Board’s acceptance of Washington’s Consent to Disbarment based on pending disciplinary matters.

On November 18, 2022, the Supreme Court of Alabama issued an order accepting the voluntary surrender of Frederic Lamar Washington’s license to practice law in the State of Alabama, with an effective date of October 25, 2022.

Mobile attorney Sonya Alexandrial Ogletree-Bailey is currently disbarred from the practice of law in the State of Alabama. She has received another disbarment, effective November 17, 2022, to run consecutively to her 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 Ogletree-Bailey after she was found guilty of violating Rules 1.3 [Diligence], 1.4 [Communication], 1.15(a) [Safekeeping Property], 1.16(d) [Declining or Terminating Representation], 8.1(b) [Bar Admission and Disciplinary Matters], and 8.4 (d) and (g) [Misconduct], Ala. R. Prof. C. In July of 2015, Ogletree-Bailey was hired by a client to represent her in a divorce. According to the contract signed by the client, she was to be charged an hourly rate of $250.00 per hour. The client provided a note that appears to be written by Ogletree-Bailey in which Ogletree-Bailey quotes a fee of $750.00 and a $208.00 filing fee. The note stated that the client must pay $300.00 - $400.00 of the attorney’s fee prior to filing. The client maintained she paid Ogletree-Bailey a total of $958.00 to file the petition for divorce. Ogletree-Bailey failed to place the funds in trust, failed to file the divorce petition, failed to return the client’s calls, and failed to refund any portion of the attorney’s fees or filing fee. Additionally, Ogletree-Bailey failed to respond to multiple requests from the Office of General Counsel of the Alabama State Bar for a written response to the client’s complaint.