Disciplinary History

The attorney was suspended from the practice of law in Alabama by order of the Supreme Court of Alabama, effective February 1, 2015. The Supreme Court entered its order based upon the January 7, 2015 order entered by the Disciplinary Commission of the Alabama State Bar accepting the attorney’s conditional guilty plea to violations of Rules 1.15(a), 1.15(e), 1.15(j), 8.1(a), 8.4(a), 8.4(c), and 8.4(g), Ala. R. Prof. C. The attorney admitted he did not maintain an IOLTA or trust account. The attorney also admitted he accepted funds from clients and did not place the funds into an IOLTA or trust account.

On January 29, 2015, the attorney was disbarred from the practice of law in the State of Alabama by order of the Supreme Court of Alabama, effective January 29, 2015. The Court’s order was based upon the Alabama State Bar’s Disciplinary Board’s order disbarring the attorney after he was found to have stolen funds belonging to an Association on multiple occasions from February of 2013 through October of 2013. The attorney also forged another individual’s signature on two checks. Additionally, he also stole funds belonging to another entity.

The attorney received a public reprimand without general publication on January 9, 2015, for a violation of Rule 8.4(c), Ala. R. Prof. C. In January of 2014, the Office of General Counsel received a complaint regarding a recent audit of the attorney’s personal investment advisory firm, which he founded and operated prior to opening his law office. During the routine audit, it was discovered that the attorney had overcharged and collected fees in excess of the fee as outlined in his client agreements, amounting to approximately $33,000.00. In March of 2013, the attorney advised the complainant that he had reimbursed the clients who had been overcharged, but it was later discovered that the refunds were not paid to the clients until September and October of 2013 because the attorney was unable to make contact with one of the clients. In addition, the attorney held one of the refund checks until an estate was open. In his response to the Bar, the attorney admitted to giving a false statement to the complainant as to the status of the refunds to his investment clients.

An attorney received a public reprimand with general publication for violating Rules 1.15(a) and 8.4(g), Ala. R. Prof. C., pursuant to the July 16, 2014, decision of the Disciplinary Commission. On September 23, 2013, the Office of General Counsel received notification the respondent attorney’s trust account was overdrawn. In the respondent attorney’s October 21, 2013 and June 6, 2014 responses, the attorney acknowledged an overdrawn check from her trust account as a result of the attorney's mistake as well as a retainer from one client appearing to be utilized to pay restitution costs of another client as a result of this mistake.

On November 5, 2013, the Disciplinary Commission determined the attorney should receive a public reprimand with general publication for violating Rules 1.1, 1.3, 1.4(b), 1.8(e) and (j), 5.3, and 8.4(a) and (g), Ala. R. Prof. C. In or about January of 2012, the attorney was retained by a client to assist him with reinstatement of life insurance policies on his mother. During the representation of the client, the attorney admitted he was often under the influence of prescription narcotics and unable to provide the client competent advice and failed to recall what actions were taken on behalf of the client. The attorney loaned the client approximately $15,000 with an agreement to pay his fee by making himself the beneficiary of one of the life insurance policies for which the attorney filed a lawsuit in order to be reinstated. The attorney admitted he did not properly supervise his office staff when this impermissible loan was made which gave him a proprietary interest in the subject matter of litigation.

An attorney was issued a private reprimand on January 6, 2015 by the Disciplinary Commission of the Alabama State Bar for violations of Rules 3.4(c) and 8.4(g), Ala. R. Prof. C. The complainant began dating a female friend of the respondent attorney. The respondent attorney disapproved of the relationship and contacted the complainant’s ex-wife. The respondent attorney subsequently began dating the complainant’s ex-wife. Thereafter, the complainant filed a petition for sole custody of his child. In response, the respondent attorney began representing the ex-wife and filed a counter-petition for contempt and modification of the original divorce decree. The respondent attorney was well aware that in the original divorce decree, which remained in full force and effect during the post-divorce proceedings, both parties were prohibited from having unrelated persons of the opposite sex as overnight guests during their parenting time. Despite being aware of the court’s order, the respondent attorney traveled with his client and her daughter to the beach and to Atlanta on at least one occasion. While at the beach, the respondent attorney shared a house with his client and her daughter. While the court order was not directed at the respondent attorney, he had an obligation to not assist the client in violating a court order or in causing the client to violate a court order.

On January 5, 2015, an attorney received a private reprimand for violating Rule 1.3, Ala. R. Prof. C. In 2007, the respondent attorney filed a civil complaint for defamation on behalf of the complainant. Thereafter, for four years and eight months, the respondent attorney failed to take any further action in the case. In February of 2012, the respondent attorney filed a motion to have the case set for hearing. In March of 2012, the defendant filed a motion to dismiss for lack of prosecution. The respondent attorney subsequently failed to file a response to the motion to dismiss. Shortly thereafter, the judge recused himself, and the Administrative Office of Courts reassigned the case and a hearing on all pending motions was set for May 17, 2012. A few days prior to the hearing, the complainant confronted the respondent attorney about the pending motions and the status of the case, at which time he terminated the respondent attorney’s service and picked up his file.

On December 22, 2014, an attorney received a private reprimand for violations of Rules 1.2(a), 1.4(a) and 1.5(a), Ala. R. Prof. C. The respondent attorney was retained by a client to probate her mother’s will, which should have been a straight-forward matter. The respondent attorney performed unnecessary and unrequested work for which he billed his client and refused to comply with her reasonable requests for information relating to the matter.

The attorney was suspended from the practice of law in the State of Alabama for a period of two years by order of the Supreme Court of Alabama, effective December 14, 2014. The Supreme Court entered its order based on the Disciplinary Commission’s order accepting the attorney’s Conditional Guilty Plea, wherein the attorney admitted to the unauthorized practice of law while suspended from the practice of law in the State of Alabama. Rule violated: 5.5(a)(1), Ala. R. Prof. C.

An attorney was disbarred from the practice of law in Alabama, pursuant to Rule 23, Ala. R. Disc. P., by order of the Supreme Court of Alabama, effective December 4, 2014. The Supreme Court entered its order based upon the November 13, 2014 order by Panel I of the Disciplinary Board of the Alabama State Bar accepting the attorney's Consent to Disbarment. The attorney consented to disbarment based upon a pending Bar investigation concerning his criminal arrest and conviction in Alabama. On August 19, 2014, the attorney pleaded guilty to Attempted Sexual Misconduct.

Rule 23(a) Consent to Disbarment - The attorney was disbarred from the practice of law in Alabama by order of the Supreme Court of Alabama, effective December 4, 2014. The Supreme Court entered its order based upon the October 17, 2014 order of Panel I of the Disciplinary Board of the Alabama State Bar accepting the attorney’s Consent to Disbarment. The attorney consented to disbarment based upon the following facts: the attorney was the subject of a pending Bar investigation concerning the attorney's failure to diligently represent a client with the Alabama Court of Civil Appeals and Alabama Supreme Court wherein the attorney failed to make appropriate efforts to stay execution, failed to file an appeal and failed to properly administer monies in trust. During the course of the investigation it was determined the attorney was in violation of Rules 1.5, 1.5(e), 1.15(a), 8.4(a), (c), (d), and (g), Ala. R. Prof. C. The attorney’s consent to disbarment is also premised on an unrelated potential class action lawsuit filed in the United States Bankruptcy Court for the Middle District of Alabama wherein the attorney, as the named local party along with other listed individuals and corporate entities, participated in a referral system whereby a company in another state comprised of non-attorneys was referring clients to the attorney with the stated purpose of negotiated debt settlement in lieu of bankruptcy yet little to no work can be substantiated. Based on the foregoing, the attorney consented to disbarment in light of possible multiple violations of Rules.

An attorney was suspended from the practice of law in the State of Alabama for a period of forty-five (45) days, by Order of the Supreme Court of Alabama, effective November 19, 2014. The Supreme Court entered its order based upon the Disciplinary Commission’s acceptance of the attorney's Consent to Discipline, wherein the attorney was deemed guilty of violating Rules 1.3, 1.4(a), 1.16(d), 3.2, and 8.4(a), (d), and (g), Ala. R. Prof. C. In June of 2013, the attorney entered a Notice of Appearance on behalf of the complainant regarding criminal charges, and was paid a fee of $2,700.00. After filing a plea of not guilty and a waiver of arraignment, the attorney failed to communicate further with the client and failed to appear on his behalf on multiple occasions. The Office of General Counsel also received a letter from a Circuit Judge, reporting that the attorney had failed to appear on behalf of her client for a pre-trial hearing. The judge sent the attorney a certified letter, directing her to appear on September 9, 2013 and explain why she should not be held in contempt. The attorney did not appear or respond to the letter, and failed to respond to the prosecutor’s attempts to contact her regarding the matter.

An attorney was summarily suspended from the practice of law in the State of Alabama pursuant to Rules 8(e) and 20(a), Alabama Rules of Disciplinary Procedure, by order of the Disciplinary Commission of the Alabama State Bar effective November 3, 2014. The order of the Disciplinary Commission was based on a petition filed by the Office of General Counsel evidencing that the attorney had failed to respond to requests for information from a disciplinary authority.

On October 31, 2014, an atorney received a public reprimand without general publication for violating Rules 1.3, 1.4(a) and (b), 1.16(d), and 8.4(a) and (g), Ala. R. Prof. C. In May of 2012, the attorney was hired for $350.00 plus filing fee to pursue a temporary restraining order against an individual who was picketing the complainant’s business and posting libelous accusations on social media websites. The complainant was unhappy with the limited scope of the court’s order on the temporary restraining order and requested that the attorney file a defamation/libel lawsuit against the individual. The attorney agreed to file suit for $1,500.00, which was paid in October of 2012. In January of 2013, the attorney informed the complainant that a court date was set for February, 2013. Subsequently, the complainant learned that the lawsuit had not been filed and the court date did not exist.

An attorney was suspended from the practice of law in the State of Alabama for a period of ninety (90) days by Order of the Disciplinary Commission of the Alabama State Bar, effective February 20, 2014. The suspension was ordered held in abeyance and the attorney was placed on probation for two years and ordered to obtain six hours of additional CLE in Ethics and Professionalism by December 31, 2014. the attorney was also ordered to receive a Public Reprimand with General Publication. The Order of the Disciplinary Commission was based upon the attorney's Conditional Guilty Plea to violations of Rules 1.1, 1.3, 1.4(b), 7.1(b) and (c), 7.2(e), 7.5(a), and 8.4(c), Ala. R. Prof. C. The attorney was retained by a seller’s agent to conduct a real estate closing. At closing, the attorney failed to obtain an executed Acknowledgement of Non-Representation from either the seller or the buyer, and failed to discover a second mortgage on the property. Therefore, the sellers were given excess funds at closing, the second mortgage was not paid off, and title insurance could not be issued. the attorney failed to disclose to the purchaser the failure to satisfy the second mortgage. It was also discovered during the investigation that the attorney had violated other rules regarding advertising and firm names and letterheads.