Disciplinary History

On December 1, 2017, an Alabama attorney received a private reprimand for violating Rules 1.1, 1.3, 1.4, 8.4(a), (c) and (g), Ala. R. Prof. C. On July 1, 2015, the client executed a Last Will and Testament, Durable Power of Attorney and Advanced Directive for Health Care prepared by respondent attorney’s firm. Along with these documents, an estate plan was also executed by the client’s daughter which was prepared by a Georgia law firm. These documents reflect the Georgia attorney’s signature as well as the respondent attorney’s mother’s signature as witnesses. The respondent attorney notarized the client’s signature. However, the respondent attorney’s mother was not actually present at the execution of the documents.
In addition to the estate planning documents, the client also requested the respondent attorney prepare a caregiver contract and assist in filing a VA Pension application, both of which the respondent attorney failed to complete. Although the respondent attorney communicated to the client the respondent attorney submitted the application, the client was informed by the VA the application was never filed. When the client contacted the respondent attorney to check on the status of the claim, the client was informed the respondent attorney dismissed the claim due to the client’s receipt of settlement funds. The respondent attorney informed the client copies of the documents would be sent, but never were. Over the next ten to twelve months, the client requested copies numerous times and never received them.

On October 16, 2014, an attorney received a private reprimand and was placed on probation for violating Rule 3.4.(c) [Fairness to Opposing Party and Counsel], Alabama Rules of Professional Conduct. The attorney violated an order in limine issued at least 10 days prior to trial prohibiting the parties from arguing or presenting evidence on various matters. The attorney made various inappropriate statements in court, his conduct disrupted the proceedings, and he violated the court’s order. With his conduct in this matter, he engaged in conduct adversely reflecting on his fitness to practice law by knowingly disobeying an obligation under the rules of the tribunal with the violations of the orders regarding the orders in limine and engaging in conduct intended to disrupt the tribunal.

Birmingham attorney Charles Todd Henderson was interimly suspended from the practice of law in the State of Alabama pursuant to Rules 20(a)(1) and 8(c)(2)(A), Alabama Rules of Disciplinary Procedure, by order of the Disciplinary Commission, effective October 24, 2017. The Disciplinary Commission’s Order was based on a petition filed by the Office of General Counsel evidencing Henderson’s conviction of Perjury in the First Degree in the Jefferson County Circuit Criminal Court.

On November 9, 2017, the Supreme Court of Alabama adopted the order of the Alabama State Bar Disciplinary Commission, accepting the surrender of license of an attorney, from the practice of law in the State of Alabama effective October 11, 2017. On October 11, 2017, the attorney submitted his Surrender of License to practice law in Alabama, pursuant to Rule 26(c), Alabama Rules of Disciplinary Procedure. The surrender of license was the result of the attorney's guilty plea to one count of wire fraud which was entered in May 2017.

Birmingham attorney Zebulon Peyton Little was disbarred from the practice of law in the State of Alabama by order of the Supreme Court of Alabama, effective August 23, 2017. The Supreme Court entered its order based on the Disciplinary Board’s order accepting Little’s Consent to Disbarment, in which Little admitted to various violations of the Alabama Rules of Professional Conduct, to include his failure to properly handle and account for client funds. Additionally, Little pled guilty to two counts of Theft of Property in the First Degree in the Circuit Court of Cullman County, Alabama.

Birmingham attorney Zebulon Peyton Little was disbarred from the practice of law in the State of Alabama by order of the Supreme Court of Alabama, effective August 23, 2017. The Supreme Court entered its order based on the Disciplinary Board’s order accepting Little’s Consent to Disbarment, in which Little admitted to various violations of the Alabama Rules of Professional Conduct, to include his failure to properly handle and account for client funds. Additionally, Little pled guilty to two counts of Theft of Property in the First Degree in the Circuit Court of Cullman County, Alabama.

Birmingham attorney Zebulon Peyton Little was disbarred from the practice of law in the State of Alabama by order of the Supreme Court of Alabama, effective August 23, 2017. The Supreme Court entered its order based on the Disciplinary Board’s order accepting Little’s Consent to Disbarment, in which Little admitted to various violations of the Alabama Rules of Professional Conduct, to include his failure to properly handle and account for client funds. Additionally, Little pled guilty to two counts of Theft of Property in the First Degree in the Circuit Court of Cullman County, Alabama.

Birmingham attorney Zebulon Peyton Little was disbarred from the practice of law in the State of Alabama by order of the Supreme Court of Alabama, effective August 23, 2017. The Supreme Court entered its order based on the Disciplinary Board’s order accepting Little’s Consent to Disbarment, in which Little admitted to various violations of the Alabama Rules of Professional Conduct, to include his failure to properly handle and account for client funds. Additionally, Little pled guilty to two counts of Theft of Property in the First Degree in the Circuit Court of Cullman County, Alabama.

An Alabama attorney received a private reprimand for violating Rules 8.4(a), (b) and (g), Ala. R. Prof. C. The attorney self-reported he was arrested for Driving Under the Influence and failure to signal. He completed an inpatient treatment program, continued with an outpatient treatment program, and regularly attends Alcoholics Anonymous meetings. The attorney was found guilty and received probation. The attorney was arrested again several months later for Driving Under the Influence and driving with a suspended license, which was Nolle Prosequi. A month later, the attorney was cited for improper lane change, to which he pleaded guilty while the driving with a suspended license charge was Nolle Prosequi.

On April 12, 2017, an attorney was issued a private reprimand for violating Rules 1.4(a) and 5.3(a) Ala. R. Prof. C. The attorney was retained by a client in 2012 to represent her in matters related to a corporation she jointly owned with her ex-husband. After the client terminated the representation, she made multiple written requests for an itemized accounting of the $3,500.00 retainer she paid at the outset of the representation. The written requests were received by the attorney’s non-lawyer assistant. The attorney failed to provide an itemized accounting demonstrating the retainer was earned until the client filed a Bar complaint. In a separate matter, the attorney was issued a private reprimand for violating Rule 5.3(a), Ala. R. Prof. C. The attorney was retained by a client to file a Contempt and Modification Petition in Baldwin County. The attorney’s assistant filed the petition in Tallapoosa County, the wrong county. The client was adversely affected by the misfiling.

An attorney was summarily 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, in March, 2017. The Disciplinary Commission’s order was based on a petition filed by the Office of General Counsel evidencing the attorney's failure or refusal to participate in formal proceedings in a disciplinary matter. After receiving a copy of the suspension order, the respondent attorney filed a Petition to Dissolve Summary Suspension and a hearing was held. Thereafter, in April, 2017, the Disciplinary Commission entered an order dissolving the summary suspension.

An attorney 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 11/1/16. On 10/27/16, the Disciplinary Commission of the ASB issued an Order revoking the attorney's probation & imposing a (91) day suspension from the practice of law in the State of Alabama. The attorney violated the terms of her probation by committing additional acts of professional misconduct by failing to remit employment taxes withheld from her employees' pay to the appropriate federal & state agencies. [Rule 1.15 and 8.4(b),(c)and (g), Ala. R. Prof. C.]

The attorney 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 11/1/16 for violating RUles 8.4(b), (c) and (g), Ala. R. Prof. C. On 10/27/16, the Disciplinary Commission of the ASB issued an Order revoking the attorney's probation & imposing a (91) day suspension from the practice of law in the State of Alabama. The attorney violated the terms of her probation by committing additional acts of professional misconduct by failing to remit employment taxes withheld from her employees' pay to the appropriate federal & state agencies.

Powell was suspended for a period of (91) days by Order of the DC of the ASAB, effective 5/16/14. The suspension was ordered held in abeyance & Powell was placed on probation for two years. The Order of the Disciplinary Commission was based upon Powell’s Conditional Guilty Plea to violating Rule 1.15, Ala. R. Prof. C. In ASB No. 2013-1481, Powell admitted that she failed to employ proper trust accounting procedures & failed to keep accurate trust account records as required by Rule 1.15, Ala. R. Prof. C. While on probation, Powell is required to file quarterly trust account reports, submit to a random audit of her trust account, consult with & implement all recommendations of the ASB PMAP, & meet with a mentor at least once monthly & seek the mentor’s counsel & guidance regarding issues that arise during her practice of law. In exchange for Powell’s plea, ASB Nos. 2013-529 and 2013-2022 are dismissed.

The attorney received a public reprimand with general publication on October 28, 2016, for violating Rules 1.15(a) and (e), Ala. R. Prof. C., wherein the attorney failed to properly maintain trust account records and paid personal expenses directly from his trust account using earned fees.

On October 7, 2016, the attorney received a private reprimand for violating Rule 5.5(a), Ala. R. Prof. C. During the course of the respondent attorney’s representation of a client in a probate matter, the respondent attorney failed to timely pay for his 2015 Alabama State Bar License to Practice Law. As a result, the respondent attorney practiced law in this matter without being properly licensed.