Disciplinary History

Birmingham attorney Edward Eugene May was suspended from the practice of law in the State of Alabama for a period of ninety-one (91) days by Order of the Supreme Court of Alabama, effective April 4, 2018. On January 30, 2018, the Disciplinary Commission of the Alabama State Bar issued an Order revoking May’s probation and imposing a ninety-one (91) day suspension from the practice of law in the State of Alabama. May violated the terms of his probation by committing a violation of Rules 1.15(a) and (e), Ala. R. Prof. C.

Cullman attorney Randy Allan Hames was interimly suspended from the practice of law in the State of Alabama, pursuant to Rule 20(a), Ala. R. Prof. C.,effective March 26, 2018. The Supreme Court entered its order based upon the Disciplinary Commission’s Order finding probable cause existed that Hames was causing or likely to cause, immediate and serious injury to a client and to the public. Hames was arrested on March 5, 2018 in Cullman County, Alabama on two counts of Human Trafficking, Second Degree.

On March 23, 2018, an attorney was issued a private reprimand for violating Rules 1.1, 1.3, and 1.4(a) Ala. R. Prof. C. In February of 2015, the attorney was hired to represent a client to file a Chapter 7 bankruptcy. The Chapter 7 petition was filed on June 25, 2015. A notice of deficient filing was issued the following day based on the attorney’s failure to submit the client’s income record. The case was subsequently dismissed for failure to comply. The attorney did not respond to the dismissal and the client filed a pro se motion to reinstate on August 5, 2015. The Court entered an order setting the pro se motion to reinstate for a hearing on August 17, 2015. On August 14, 2015, the attorney filed the client’s income records, which the client had already filed pro se. The attorney and the client attended the hearing on August 17, 2015, in which the attorney told the Court that there had been a “miscommunication.” The Court reinstated the case on September 5, 2015. Thereafter, the attorney repeatedly failed to communicate with the client regarding the completion of the financial management course, as the client had to complete the course twice. On November 30, 2015, the attorney filed the Certificate of Completion of the Personal Financial Management course and the client was discharged the following day on December 1, 2015.

On March 23, 2018, an attorney was issued a private reprimand for violating Rule 1.15(a) and (e), 8.1(b), and 8.4(g) Ala. R. Prof. C. On July 5, 2017, the Office of General Counsel received an insufficient funds notice from CCB Community Bank regarding the attorney’s IOLTA account for a returned check written in the amount of $850.00. Letters, emails, and telephone calls were made to the attorney requesting a written explanation regarding the insufficient funds notice. The attorney did not respond. In the attempted notices, the attorney was advised that the failure to respond to the requests for information concerning the insufficient funds notice would be a violation of Rule 8.1(b), Ala. R. Prof. C. A written response was received from the attorney on November 17, 2017, wherein the attorney stated the returned check had been written to the IRS and that the matter had been cleared up by sending the IRS a cashier’s check. However, the attorney did not explain the purpose of the check to the IRS. Subsequently, the attorney was requested that he provide all trust account records required to be maintained under Rule 1.15(e), Ala. R. Prof. C., from January of 2016 to the present. The attorney failed to produce the records and an email was sent, advising that if the records were not immediately produced, a Petition for Summary Suspension would be filed pursuant to Rules 8 and 20 of the Alabama Rules of Disciplinary Procedure. The attorney responded via email and produced some trust account bank statements. However, the statements only included the months of September of 2016, January, February, August and November of 2017.

Northville, Michigan attorney Carolyn Tubbs Mardis, who is also licensed in the State of Alabama, was ordered by the Supreme Court of Alabama on March 9, 2018, to receive the reciprocal discipline of disbarment from the practice of law in the State of Alabama, effective February 12, 2018. Mardis was previously disbarred by the District of Columbia for violating Rule 1.5(b), 1.15(a), 1.7(b)(4), 3.3(a), 8.1(a), 8.4(b), (c), and (d). Mardis was found guilty of conspiring with others in a fraudulent scheme to unlawfully obtain title to a property that was subject to a tax sale. In addition, Mardis unlawfully took possession of the property owner’s personal property, lied to her law firm about her actions, and testified falsely under oath in a related civil matter.

Birmingham attorney Thedric Brackett, Jr. was disbarred from the practice of law in the State of Alabama, effective March 9, 2018. 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 1.3, 1.4(a), 1.5, 1.16(d), and 8.4(a) and (g), Ala. R. Prof. C. In March of 2013, Brackett was hired by a client to represent her to probate and take other action with regard to the estate of her deceased mother. The client paid Brackett $1,200.00 as an attorney fee in the matter. Aside from a single letter to the mortgagee of the property of the estate in April of 2013, Brackett took little to no action on behalf of the client prior to August of 2014. Bracted told the client that he filed a petition to probate her mother’s estate, when at that time, he had not. Brackett did not, at any time, file a petition or other pleading with the Probate Court with regard to the client’s mother’s estate. In August of 2014, the client discovered that Brackett still had not filed anything with the Probate Court on her behalf or in furtherance of the probate of her mother’s estate. Thereafter, Brackett failed to respond to the client’s calls and texts seeking information about the matter and the client was forced to hire another attorney to represent her in the probate matter. Brackett failed to earn the $1,200.00 fee and failed to refund the unearned portion of the fee after he was terminated by the client.

Birmingham attorney Minerva Camarillo Dowben was disbarred from the practice of law in the State of Alabama, effective March 9, 2018. The Supreme Court entered its order based on the Report and Order of the Disciplinary Board of the Alabama State Bar, disbarring Dowben after she was found guilty of violating Rules 1.3, 3.2, 8.1(b), and 8.4(d) and (g), Ala. R. Prof. C. In September of 2013, Dowben filed a 1983 Civil Rights Act suit on behalf of a client. The suit named numerous defendants who each filed motions to dismiss for a failure to state a claim. The Court ordered Dowben to file an opposition brief by November 1, 2013. Dowben failed to file any response or otherwise respond to the defendants’ motions to dismiss. The Court issued Dowben a Show Cause Order on December 23, 2013. Dowben failed to respond to the Court’s Show Cause Order. On January 15, 2014, the Court terminated Dowben as counsel. On February 21, 2014, Dowben filed a “Motion to Show Cause,” in which she sought the Court’s permission to continue representing the client. The Court granted Dowben’s motion. However, Dowben took no other action in the case.

Mobile attorney Sidney Moxey Harrell, Jr. was disbarred from the practice of law in the State of Alabama by order of the Supreme Court of Alabama, effective February 22, 2018. The Supreme Court entered its order based on the Report and Order of the Disciplinary Board of the Alabama State Bar, disbarring Harrell after he was found guilty of violating Rules 1.3, 1.4, 1.7(b), 1.15(a), (b), (e), and (f), 4.19(a), and 8.4(a), (c), (d), and (g), Ala. R. Prof. C. Harrell represented a client in criminal proceedings. Harrell negotiated and reached a plea agreement with the U.S. Attorney’s Office, wherein the client agreed to transfer $20,000.00 in cash to Harrell, which was to be maintained by Harrell until it was surrendered to the government as part of a forfeiture agreement upon which the plea agreement was conditioned. Harrell did not deposit the cash into his trust account, but rather put the cash in a gun safe in his law office, where the cash went missing. Harrell never informed his client, failed to report the money as missing, and lied to the U.S. Assistant Attorney handling the client’s prosecution regarding the matter. Harrell also failed to properly maintain his IOLTA Trust account, as required by Rule 1.15, Ala. R. Prof. C.

Birmingham attorney Steven Clyde Reed Brown was interimly suspended from the practice of law in the State of Alabama, effective February 21, 2018. The Supreme Court entered its order based upon the Disciplinary Commission’s Order finding Brown’s conduct is continuing in nature and is causing, or likely to cause, immediate and serious injury to a client and/or to the public. Brown was indicted on August 25, 2017 by the Grand Jury of Jefferson County, Alabama, wherein he was charged with multiple felony counts of securities fraud.

On February 21, 2018, an attorney was issued a private reprimand for violating Rules 1.7(b) and 8.4(c), (d), and (g), Ala. R. Prof. C. In September of 2017, the attorney unlawfully signed a property bond for a client she was representing in a criminal matter. The attorney signed a sworn and notarized Affidavit of Surety affirming that she could be a surety for her client and that she, herself, was not an attorney. Once the bond was issued and the court became aware of the attorney’s actions, the client’s bond was revoked and the client was rearrested. The attorney self-reported the incident and subsequently admitted that she did not read the Affidavit of Surety before signing and was unaware of the prohibition.

On February 21, 2018, an attorney was issued a private reprimand for violating Rules 1.1, 1.15(a), 1.16(d), and 8.4(g) Ala. R. Prof. C. In July of 2016, the attorney was paid a flat fee of $7,500.00 to represent a client’s son, who was a minor, in a criminal case. The fee was deposited in error in the attorney’s firm’s business account instead of the trust account. The attorney erroneously advised the family that they could move during the case. The client discovered through the son’s probation officer that approval by the court was required. A motion was then filed asking the court to approve the move but the judge denied the motion. The client’s son was arrested in October of 2016, based on the move to Tennessee and was placed on house arrest. That same day, the attorney filed a motion to withdraw as counsel, but failed to timely inform the client. The attorney was also ordered to refund a portion of the fee to the client.

Theodore attorney Ronald Ray Goleman, Jr. was disbarred from the practice of law in the State of Alabama, pursuant to Rule 23(a), Ala. R. Disc. P., by order of the Supreme Court of Alabama, effective February 15, 2018. The Supreme Court entered its order based on Goleman’s Consent to Disbarment wherein he admitted to mishandling and continuing to utilize his trust account while he was suspended from the practice of law in violation of Rule 1.15, Ala. R. Prof. C.

On January 26, 2018, an attorney was issued a private reprimand for violating Rules 1.3 and 8.4(a) Ala. R. Prof. C. In June of 2010, the attorney was retained to represent a client regarding a conservatorship and guardianship for the client’s mother. In order to serve as conservator and guardian over the client’s mother, the attorney obtained a bond on behalf of the client from an insurance company. The client was required to renew the bond yearly while the conservatorship and guardianship was open. Subsequently, the attorney failed to communicate with the bonding company on behalf of the client, and failed to timely file accountings with the probate court beginning in 2015.

On February 21, 2018, an attorney was issued a private reprimand for violating Rule 1.7(a) Ala. R. Prof. C. In the fall of 2014, the attorney provided legal services to an insurance company as part of a loan closing on December 11, 2014, wherein the attorney also served as President of the insurance company and is a minority shareholder. During the course of a loan transaction and leading up to the loan closing on December 11, 2014, the attorney also provided legal representation to a client in negotiating with her creditors and provided general advice about the loan. The attorney should not have undertaken to represent both the lender and the borrower in the transaction without first obtaining appropriate conflict waivers.

On December 8, 2017, an attorney received a private reprimand for violating Rules 1.4 (a) and (b), 1.5, and 1.15(b), Ala. R. Prof. C. The attorney was hired to file a garnishment against the client’s ex-husband related to a judgment. The attorney indicated to the client the garnishment was filed, but actually filed the garnishment approximately (11) eleven months after it was originally represented to the client it was filed. Furthermore, the garnishment was initially filed for the incorrect amount. Also during this time, the client hired the attorney to handle another matter. The attorney represented to the client he would be able to resolve the matter quickly. After that meeting, the client had a difficult time communicating with the attorney.