Disciplinary History

Alpharetta, Georgia attorney Clarence Richard, III, 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 July 31, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Richard be suspended for failing to comply with the 2018 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

San Francisco, California, attorney Rebecca Lynn Sherman, 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 July 31, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Sherman be suspended for failing to comply with the 2018 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

The Alabama Supreme Court issued an order suspending McCalla attorney Cynthia Vines Butler from the practice of law in Alabama for a period of ninety-one (91) days, effective July 20, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s Order, wherein Butler admitted to violating Rules 1.5 [Fees], 1.7 [Conflict of Interest: General Rule], 1.8 [Conflict of Interest: Prohibited Transactions], 1.15 [Safekeeping Property], and 8.4(g) [Misconduct], Alabama Rules of Professional Conduct. Butler represented a client in matters relating to a wrongful death case and an estate. Butler was named as trustee and given sole discretion to determine how much of the net income and principal of the trust to distribute to her client. A total of $1,007,443.63 was collected and placed into trust. Butler opened a bank account for the trust and all monies were deposited into the trust. However, Butler failed to immediately remove her earned fees from the account. Butler had the client open a personal account at the same bank so that the distributions from the trust could be transferred directly into the client’s personal account. Butler was placed on the account as a joint owner with rights of survivorship. Butler distributed approximately $33,000.00 from the trust into the client’s personal bank account. Butler inadvertently used the majority of the funds to pay personal credit cards and/or make payments on her behalf. While acting as trustee, Butler collected an excess fee of approximately $42,610.04. Butler later repaid a portion of the excess fees. Additionally, Butler failed to maintain all trust account records, as required by Rule 1.15 [Safekeeping Property], Alabama Rules of Professional Conduct. Butler is required to repay $13,000 to the trust and complete the Practice Management Assistance Program.

Haleyville attorney Jerry Dean Roberson was interimly suspended from the practice of law in the State of Alabama pursuant to Rules 8(c) and 20(a), Ala. R. Disc. P., by order of the Disciplinary Commission of the Alabama State Bar, effective July 15, 2020. The Disciplinary Commission’s order was based on a petition filed by the Office of General Counsel. Since April 16, 2019, Roberson has been ordered held in contempt at least seven (7) times by both circuit and district courts in Winston County. The most recent contempt order entered against Roberson, issued on February 20, 2020, ordered Roberson incarcerated in the Winston County jail for five (5) days. The court made the determination that Roberson submitted, for the second time, a forged, altered, or fraudulent document to the court in an effort to secure the release of a client from Winston County jail.

Opelika attorney Wanda Marler Rabren was disbarred from the practice of law in the State of Alabama by order of the Supreme Court of Alabama, effective July 15, 2020. The Supreme Court entered its order based on the order of the Disciplinary Commission of the Alabama State Bar, disbarring Rabren after she was convicted on November 1, 2019 for Unlawful Distribution of a Controlled Substance and Promoting Prison Contraband III. Rabren attempted to smuggle suboxone strips, an opioid, to her son while he was incarcerated at the Covington County Jail.

Birmingham attorney Charles Todd Henderson was disbarred from the practice of law in the State of Alabama by order of the Alabama Supreme Court, effective July 15, 2020. The Supreme Court entered its order based on the Disciplinary Board’s order accepting Henderson’s Consent to Disbarment, in which Henderson had pending formal charges in ASB No. 2016-666. Additionally, Henderson was convicted of Perjury in the First Degree in the Jefferson County Circuit Court. [Rule 23(a), Pet. 2020-639, ASB No. 2016-666]

Birmingham attorney Charles Todd Henderson was disbarred from the practice of law in the State of Alabama by order of the Alabama Supreme Court, effective July 15, 2020. The Supreme Court entered its order based on the Disciplinary Board’s order accepting Henderson’s Consent to Disbarment, in which Henderson had pending formal charges in ASB No. 2016-666. Additionally, Henderson was convicted of Perjury in the First Degree in the Jefferson County Circuit Court. [Rule 23(a), Pet. 2020-639, ASB No. 2016-666]

Opelika attorney Wanda Marler Rabren was disbarred from the practice of law in the State of Alabama by order of the Supreme Court of Alabama, effective July 15, 2020. The Supreme Court entered its order based on the order of the Disciplinary Commission of the Alabama State Bar, disbarring Rabren after she was convicted on November 1, 2019 for Unlawful Distribution of a Controlled Substance and Promoting Prison Contraband III. Rabren attempted to smuggle suboxone strips, an opioid, to her son while he was incarcerated at the Covington County Jail.

Birmingham attorney Edward Eugene May was disbarred from the practice of law in the State of Alabama by order of the Supreme Court of Alabama, effective July 15, 2020. The Supreme Court entered its order following affirmance of an appeal filed by May to the Supreme Court. The Supreme Court’s order affirmed the Disciplinary Board’s order of disbarment filed on April 11, 2019, finding May guilty of violating Rules 5.5 [Unauthorized Practice of Law], and 8.4(d) and (g) [Misconduct], Alabama Rules of Professional Conduct. May had previously been suspended from the practice of law in the State of Alabama in April of 2018 for a period of ninety-one (91) days by the Supreme Court of Alabama for repeatedly violating the terms of his probation in another disciplinary matter. While suspended, May appeared on behalf of a client before the Alabama State Board of Medical Examiners and filed legal pleadings on his client’s behalf with the Board of Medical Examiners. Additionally, in August of 2018, May also appeared on behalf of another client for an Examination Under Oath of the client by a representative of American Resources Insurance Company for an incident relating to arson of the client’s restaurant. During the transcribed interview with the representative, the client indicated May was representing him on related criminal charges. At no time did May disclose he was suspended from the practice of law.

Arab attorney Mark Edgar Johnson 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 July 8, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Johnson be summarily suspended for failing to respond to requests for information concerning a disciplinary matter.

Elba attorney Mart Wayne Marler is currently suspended from the practice of law in the State of Alabama. Marler has received a twenty-six (26) month suspension, effective July 1, 2020, to run consecutively to his current suspension 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, suspending Marler after he was found guilty of violating Rules 5.5(a)(1) [Unauthorized Practice of Law], and 8.4 (d) and (g) [Misconduct], Ala. R. Prof. C. After Marler was suspended from the practice of law in the State of Alabama which became effective January 1, 2017, Marler formed the Marty Marler Land and Title Company, LLC, where he engaged in preparing legal documents for the title company and its customers. Marler subsequently admitted he engaged in the unauthorized practice of law during his suspension by preparing property deeds for various clients of his title company.

On June 19, 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], 1.5(b) [Fees], 1.15 [Safekeeping Property], and 8.4(c) [Misconduct], Alabama Rules of Professional Conduct. The attorney was hired to represent a client in a divorce for a retainer of $4,000. The attorney failed to show up for court after filing for a continuance that was denied by the Court. After failing to appear for court, the attorney instructed the client to contact another attorney. The attorney informed the client that the other attorney had agreed to represent him in the matter without any further payment. However, when the client contacted the other attorney, he was told he would have to pay additional fees. As such, the client hired other counsel. The attorney stated he suffered from physical ailments and was unable to continue the representation of the client. The client later requested that the attorney provide him with an itemization of the fee and a refund of any unearned amount. The attorney failed to provide the accounting, but did later refund $2,000.00 after the client filed a complaint. In addition, the attorney admitted he did not place the unearned retainer into his trust account as required by Rule 1.15, Alabama Rules of Professional Conduct. In addition, the fee contract the attorney used described the retainer as a “non-refundable payment”.

On June 19, 2020, the Disciplinary Commission of the Alabama State Bar issued a private reprimand to an attorney for violating Rules 7.2 [Advertising] and 7.3 [Direct Contact with Prospective Clients], Alabama Rules of Professional Conduct. The attorney represented a client in a very contentious custody dispute between the client and the client’s ex-wife. The attorney contended that the ex-wife and her new husband had “weaponized” the legal system to prevent the client from exercising his visitation rights with his child. The attorney was removed from the case due to a conflict of interest after the attorney hired a paralegal that previously worked for the ex-wife’s prior counsel. While the custody matter was ongoing, the ex-wife’s grandmother passed away and an estate was opened. The personal representative of the estate was the ex-wife. The attorney subsequently sent solicitation letters to potential heirs of the estate offering to represent them in the matter. The solicitation letters did not fully comply with the requirements of Rule 7.3, Alabama Rules of Professional Conduct. In addition, the attorney did not file the solicitation letters with the Alabama State Bar as required by Rule 7.2, Alabama Rules of Professional Conduct. Along with the solicitation letter sent to potential heirs, the attorney also attached another letter in which he informed the individual that the ex-wife and her new husband had “repeatedly failed multiple drug tests”. The attorney then asked the individual to contact him if the potential heir had any information regarding the welfare of his client’s children. While seeking information from potential witnesses is permissible, the letter from the attorney should not have been included with the solicitation letter.