Disciplinary History

On August 2, 2019, the Disciplinary Commission issued a private reprimand to an attorney for violating Rules 1.15 [Safekeeping Property] and 8.4(g) [Misconduct], Alabama Rules of Professional Conduct. In February 2019, the Office of General Counsel of the Alabama State Bar received an insufficient funds notice from Wells Fargo Bank regarding the attorney’s trust account. The notice indicated the trust account was overdrawn by $64.01 as a result of payment to Discover Card. On February 26, 2019, the General Counsel’s office sent notice of the overdrawn account to the attorney and asked the attorney to provide a written explanation regarding the overdraft. In her written response, the attorney stated she went to the bank and asked the bank if there were any pending transactions on the account. When informed there were not pending transactions, the attorney made a withdrawal. Another payment cleared the account sometime later, resulting in the overdraft. As a result, the General Counsel’s Office ordered the attorney to provide copies of her trust-account bank statements from October 2018 to March 2019, copies of canceled checks, records of deposit and her general ledger. Rule 1.15(e), Alabama Rules of Professional Conduct requires an attorney to maintain each of these records for the last six years. However, the attorney was unable to provide copies of canceled checks and records of deposit. In addition, the attorney did not maintain a general ledger for the trust account as required. The attorney did, however, provide copies of her trust-account bank statements, which demonstrated the attorney commingled personal and client funds. On several occasions, the attorney deposited unearned client funds in the trust account and immediately withdrew the funds to pay personal expenses. In addition, the attorney repeatedly made personal payments directly from the trust account. The attorney later admitted she did not maintain a business or operating account for her law firm but instead used the trust account for both personal and business banking needs.

On August 2, 2019, an attorney was issued a private reprimand for violating Rules 1.4 [Communication] and 8.4(g) [Misconduct], Ala. R. Prof. C. In August of 2015, the attorney was hired to represent a client in a post-divorce matter. The final order was issued on April 3, 2018. A letter was sent from the attorney’s office to the client informing her of the order. However, the letter was mistakenly sent to the wrong address. Additionally, the order was not emailed, nor a telephone call made to the client to inform her of the order. As a result, the client was unaware she had thirty (30) days to file a Motion to Alter, Amend or Vacate the final order of the court.

On July 8, 2019, the Disciplinary Board determined Indiana attorney Michael Ray Jeffries should receive reciprocal discipline in the form of a 3-year suspension. On August 21, 2018, the Indiana Supreme Court issued an order suspending Jeffries for 3 years for failure to cooperate with an investigation in that state, violating Rules 1.3, 1.4(a)(3), 1.8(a)(2), 1.15(a), 3.2, 7.1, 8.1(b), and 8.4(c), Indiana Professional Conduct Rules, and Rules 23(29)(a)(2) and 23(29)(a)(5), Indiana Admissions and Discipline Rules. Jeffries is also required to pay any costs taxed against him pursuant to Rule 33, Alabama Rules of Disciplinary Procedure, including but not limited to, a $1,000 administrative fee.

On June 28, 2019, an attorney was issued a private reprimand for violating Rules 1.15 [Safekeeping Property], 8.1 [Bar Admission and Disciplinary Matter] and 8.4(g) [Misconduct], Ala. R. Prof. C. In January of 2019, the Office of General Counsel received an insufficient funds notice from Traders and Farmers Bank regarding the attorney’s trust account. The notice indicated the trust account was overdrawn by $111.86 and, as a result, the account had been closed. The Office of General Counsel sent a notice of the overdrawn account and asked that the attorney provide a written explanation regarding the overdraft. The attorney failed to respond. As a result, a formal investigative file was opened and a petition for summary suspension prepared. On March 14, 2019, the attorney was notified that a petition for summary suspension was about to be filed based on his failure to respond to a disciplinary matter. The attorney responded that same day, via email, and acknowledged receipt of the overdraft notice. In his response, he promised to have his written response and copies of his trust account records mailed to the Bar the following day. The attorney failed to mail a written response or provide copies of his trust account documentation. On March 22, 2019, the attorney admitted that he had not maintained trust account records as required by Rule 1.15(e) and was having to obtain the records from his bank. The trust account statements demonstrated that the attorney had a personal loan deposited directly into his trust account in violation of Rule 1.15(a), Alabama Rules of Professional Conduct. In addition, the attorney made personal payments directly from trust in violation of Rule 1.15(a), Alabama Rules of Professional Conduct.

Jasper attorney Garfield Woodrow Ivey, Jr. was disbarred from the practice of law in the State of Alabama by order of the Supreme Court of Alabama, effective June 26, 2019. The Supreme Court entered its order based on the order of the Disciplinary Commission of the Alabama State Bar, disbarring Ivey after he was convicted for first-degree theft of property in the Walker County Circuit Court on February 20, 2019.

Montgomery attorney Leon David Walker III was disbarred from the practice of law in the State of Alabama, effective June 26, 2019. 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 Walker in ASB No. 2011-636 for violating Rules 1.16(d), 8.4(a), and 8.4(g), Alabama Rules of Professional Conduct; in ASB No. 2012-595 for violating Rules 1.16(d), 8.4(a) and (g), Alabama Rules of Professional Conduct; in ASB No. 2012-625 for violating Rules 1.16(d), 8.4(a) and (g), Alabama Rules of Professional Conduct; in ASB No. 2012-836 for violating Rules 1.15(a), 1.15(b), 1.16(a)(1), 1.16(d), 8.1(b), 8.4(a) and (g), Alabama Rules of Professional Conduct; in ASB No. 2012-1363 for violating Rules 1.16(a)(1), 1.16(d), 5.5(a)(1), 8.1(b), 8.4(a), (b), (c), and (g), Alabama Rules of Professional Conduct; in ASB No. 2012-1760 for violating Rules 1.4, 1.15(a) and (b), 1.16(a)(1), 1.16(d), 8.1(b), 8.4(a) and (g), Alabama Rules of Professional Conduct; in ASB No. 2012-1853 for violating Rules 1.3, 1.4, 1.16(a)(1), 1.16(d), 8.1(b), 8.4(a) and (g), Alabama Rules of Professional Conduct; in ASB No. 2012-2090 for violating Rules 1.4, 1.16(a)(1), 1.16(d), 8.1(b), 8.4(a) and (g), Alabama Rules of Professional Conduct; in ASB No. 2012-2241 for violating Rules 1.4, 1.16(a)(1), 1.16(d), 8.1(b), 8.4(a) and (g), Alabama Rules of Professional Conduct; in ASB No. 2013-112 for violating Rules 1.4, 1.16(a)(1), 1.16(d), 8.1(b), 8.4(a) and (g), Alabama Rules of Professional Conduct; in ASB No. 2013-710 for violating Rules 1.4, 1.15(a), 1.16(a)(1), 1.16(d), 8.1(b), 8.4(a) and (g), Alabama Rules of Professional Conduct; and in ASB No. 2013-1935 for violating Rules 1.16(a)(1), 1.16(d), 5.5(a)(1), 8.1(b), 8.4(a), (b), (c), and (g), Alabama Rules of Professional Conduct. [ASB Nos. 2011-636, 2012-595, 2012-836, 2012-1363, 2012-1760, 2012-1853, 2012-2090, 2012-2241, 2013-112, 2013-710, and 2013-1935 ]

Birmingham attorney Scott Lee Loftis was suspended from the practice of law in the State of Alabama for a period of ninety (90) days by Order of the Supreme Court of Alabama, effective June 24, 2019 through September 22, 2019. Loftis admitted to violating Rules 1.15 [Safekeeping Property], and 8.4(g) [Misconduct], Ala. R. Prof. C. Loftis was previously employed by Stephen Klimjack, a bankruptcy attorney with offices in Mobile, Montgomery, and Birmingham. Loftis was the local attorney for Klimjack’s firm in Birmingham and was responsible for handling client and firm funds. In October of 2018, Klimjack instructed Loftis to deposit client funds into the firm’s trust account. The deposit was compromised of 71 individuals and totaled $4,220.00. Prior to making the deposit, Lofts discovered the deposit was short by approximately $2,347.00. Rather than inform Klimjack of the shortage, Loftis included a personal check in the deposit for the amount of $2,347.00. The personal check was subsequently returned for insufficient funds. Loftis subsequently made a personal deposit of $500.00 into the trust account. Loftis failed to properly safeguard and account for the client funds.

Birmingham attorney Felicia Deanna Harris-Daniels was suspended from the practice of law in the State of Alabama for a period of ninety (90) days by Order of the Supreme Court of Alabama, effective June 24, 2019 through September 22, 2019. Harris-Daniels admitted to violating Rules 1.3 [Diligence], 1.4 [Communication], and 1.16(d) [Declining and Terminating Representation], Ala. R. Prof. C. Harris-Daniels was retained to represent a client on a personal injury claim that occurred earlier in the year of 2015. In November of 2015, the client accepted a $3,000.00 settlement offer and executed a Confidential Release and Settlement Agreement and sent the signed agreement and release to Harris-Daniels’ office. Thereafter, the client had difficulty contacting Harris-Daniels’ office. Harris-Daniels believed she had sent the signed agreement and release to the opposing counsel in December of 2015 and also believed she had requested opposing counsel to send the settlement funds directly to the client. The client sent Harris-Daniels several text messages in 2016, seeking an update on the matter and the status of her settlement funds. In response, Harris-Daniels informed the client she was waiting on opposing counsel to check on the status of the settlement. However, Harris-Daniels failed to take any action on behalf of the client to check on the status of the settlement. In September of 2017, Harris-Daniels learned from the client that she never received any of the settlement funds. Harris-Daniels later learned opposing counsel did not receive the signed agreement and release.

Birmingham attorney Benjamin Howard Cooper was disbarred from the practice of law in the State of Alabama, effective June 21, 2019. 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 Cooper in ASB No. ASB 2015-1600 for violating Rules 1.4, 1.15(a), 8.l(b), 8.4(a), and 8.4(g), Alabama Rules of Professional Conduct; in ASB 2015-1626 for violating Rules 1.3, 1.4, 1.16(b), 8.l(b), 8.4(a), and 8.4(g), Alabama Rules of Professional Conduct; in ASB 2015-1656 for violating Rules 1.3, 1.4, 1.16(b), 8.l(b), 8.4(a), and 8.4(g), Alabama Rules of Professional Conduct; in ASB 2015-1671 for violating Rules 1.3, 1.4, 1.16(b), 8.l(b), 8.4(a), and (g), Alabama Rules of Professional Conduct; in ASB 2015-1693 for violating Rules 1.3, 1.4, 1.16(b), 8.l(b), 8.4(a), and 8.4(g), Alabama Rules of Professional Conduct; in ASB No. 2016-129 for violating Rules 1.3, 1.4, 1.16(b), 8.l(b), and 8.4(a) and (g), Alabama Rules of Professional Conduct; in ASB 2017-530 for violating Rules 1.3, 1.4, 1.16(b), 8.l(b), 8.4(a) and (g), Alabama Rules of Professional Conduct; and in ASB No. 2017-1186 for violating Rules 1.3, 1.4, 1.16(b), 8.l(b), 8.4(a) and (g), Alabama Rules of Professional Conduct. [ASB Nos. 2015-1600, 2015-1626, 2015-1656, 2015-1671, 2015-1693, 2016-129, 2017-530]

Muscle Shoals attorney Chase Russell Hutcheson was summarily suspended pursuant to Rule 20a, Ala. R. Disc. P., from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective June 19, 2019. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Hutcheson be summarily suspended for failing to respond to formal requests for information concerning a disciplinary matter.

Tuscaloosa attorney Anne Dishuck LaCoste was suspended from the practice of law in the State of Alabama for a period of one (1) year, to serve ninety (90) days by Order of the Supreme Court of Alabama, effective June 1, 2019 through August 30, 2019. The remainder of the one-year suspension shall be held in abeyance and LaCoste will be placed on a two (2) year probationary period. The suspension was based upon LaCoste’s Conditional Guilty Plea, wherein she admitted to violating Rules 1.15 [Safekeeping Property] and 5.3 [Responsibilities Regarding Nonlawyer Assistants], Ala. R. Prof. C. In September of 2018, the Office of General Counsel received insufficient funds notices regarding LaCoste’s trust account. After being notified by the Bar of the overdrafts, LaCoste began an investigation into the matter. As a result, LaCoste learned that an employee responsible for maintaining the trust account and other bookkeeping matters had been mishandling client funds. Beginning in 2013, the employee, without LaCoste’s knowledge or consent, began withholding payment of collected funds to the firm’s clients. Instead, some of those funds were improperly used by the employee to pay firm bills, including payroll. The employee would then use subsequently collected funds from other clients to fund payments to those clients whose funds had been improperly used to pay firm bills and payrolls. Over time, the misuse of client funds by the employee created a substantial shortage in LaCoste’s trust account that led to the account being overdrawn. After learning of the employee’s misconduct, LaCoste replaced all missing funds and made sure all clients received any outstanding monies owed to them.

Birmingham attorney Roderick Walls was suspended from the practice of law in the State of Alabama for a period of ninety-one (91) days, with the suspension to be held in abeyance. Walls will be placed on probation for a period for two (2) years. The suspension was based upon the Disciplinary Commission’s acceptance of Walls’s Conditional Guilty Plea, wherein Walls pled guilty to violating Rules 1.8(e) [Conflict of Interest: Prohibited Transactions], 1.15 [Safekeeping Property], and 8.4(g) [Misconduct], Ala. R. Prof. C. The Office of General Counsel of the Alabama State Bar received an insufficient funds notice regarding Walls’s IOLTA account, where Walls had overdrawn his trust account by approximately $4,000.00. The shortage was as the result of his failure to properly memorialize the source of fees when withdrawn from trust.

Dothan attorney Thomas Kirven Brantley, Jr. was transferred to Inactive Status, effective May 15, 2019, by Order of the Supreme Court of Alabama. The Supreme Court entered its Order based upon the May 15, 2019 Order of Panel II of the Disciplinary Board of the Alabama State Bar in response to a petition filed on Brantley’s behalf and submitted to the Office of General Counsel requesting he be transferred to inactive status.

Fort Payne attorney Charles McCracken Scott was suspended from the practice of law for a period of ninety-one (91) days in the State of Alabama by the Supreme Court of Alabama, effective May 10, 2019. The Supreme Court entered its order based upon the Disciplinary Commission’s acceptance of Scott’s Conditional Guilty Plea, wherein Scott pled guilty to violating Rules 1.4 [Communication], 1.5 [Fees], 1.7(b) [Conflict of Interest: General Rule], 1.16(a) [Declining or Terminating Representation], and 8.4(d), and (g) [Misconduct], Ala. R. Prof. C. Scott undertook to represent three individuals in probate court regarding a last will and testament. Scott failed to communicate the basis or rate of his fee in the matter and failed to obtain a written fee agreement authorizing him to assume the representation on a contingency fee basis. In August of 2014, Scott filed a claim against the estate for attorney’s fees, claiming $12,000.00 to $18,000.00 in legal fees and reserved the right to claim additional fees for services performed after the date of the claim. In addition, Scott requested a lien secured by real property of the estate owned by the deceased at the time of her death. Scott failed to inform the executor of the estate of his intention to file a claim against the estate in the amount of $12,000.00 to $18,000.00. By seeking a lien on the real property of the estate, Scott became adverse to the estate and his clients. Scott’s claim to an excessive attorney’s fee unnecessarily delayed the closing of the estate and caused unnecessary expense to the estate.

Hayneville attorney Logan Ryan Taylor was suspended from the practice of law for a period of ninety-one (91) days in the State of Alabama by the Supreme Court of Alabama, effective May 10, 2019. The Supreme Court entered its order based upon the Disciplinary Commission’s acceptance of Taylor’s Conditional Guilty Plea, wherein Taylor pled guilty to violating Rules 1.4 [Communication] and 8.1(b) [Bar Admission and Disciplinary Matters], Ala. R. Prof. C. Taylor was hired in February of 2016 to represent an individual in a criminal matter. In December of 2016, the client entered a blind plea and was sentenced to prison. The sentence was to be reviewed within six months. However, in June of 2017, the client and her family made several attempts to contact Taylor without success. The client, unable to contact Taylor, retained other counsel. The client subsequently filed a bar complaint. Thereafter, Taylor failed to respond to formal requests for information concerning a disciplinary matter and was summarily suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective June 18, 2018.