Disciplinary History

On October 31, 2014, an attorney received a public reprimand with general publication for multiple violations of Rules 1.7(a) & (b), 4.1(b) and 4.3(a), Ala. R. Prof. C. In 2008 and 2009, the attorney was hired to perform various title searches on parcels of land owned by various property owners. The attorney was then asked to prepare deeds, transferring the property from the property owners to his client, in exchange for a loan secured by the property. The attorney prepared and notarized the deeds, and notarized notes prepared by his client memorializing the initial loan amount and repayment terms. The repayment term of the loans stated at the time the notes were paid in full, the deeds would be delivered back to the property owners. The attorney subsequently recorded the deeds on behalf of his client. On several occasions, once the deeds were recorded, the client applied for loans secured by the various properties. The attorney was hired by lending companies to conduct a title search and render a title commitment, but did not disclose that the “Borrower” was a current client, the client’s agreement with the property owners, or the existence of notes on the properties. During the Bar’s investigation, the attorney stated he had not read the notes prior to notarizing them, and was therefore unaware of their contents.

On October 31, 2014, an attorney received a private reprimand for violating Rule 1.3, Ala. R. Prof. C. In October of 2011 the attorney filed a notice of appearance on behalf of a client who had received an adverse ruling in circuit court. At that same time, the attorney filed a Motion for Statement of Findings of Fact and Conclusions of Law and/or For New Trial. On January 2, 2012, the circuit court denied the motion for new trial. As such, the notice of appeal was due to be filed on or before February 13, 2012. The attorney failed to file a notice of appeal on or before February 13, 2012, but instead, filed a notice of appeal on February 14, 2012, along with a Motion for Extension of Time to File Notice of Appeal. The circuit court granted the motion and ruled that the notice of appeal was timely filed. However, the Court of Civil Appeals later dismissed the appeal concluding, without opinion, that the notice of appeal had not been timely filed.

On October 31, 2014, an attorney received a private reprimand for violating Rules 1.15(a) and (e), Ala. R. Prof. C. In June of 2014, the Office of General Counsel received insufficient funds notices from a bank regarding the attorney’s trust account. The attorney was ordered to produce trust account records, including statements, canceled checks, and copies of deposits from January 2013 to the present. The attorney provided copies of trust account statements and carbon copies of checks issued from the account, but was not able to produce copies of canceled checks and deposits, as he had not maintained these records. A review of the available records revealed little activity on the IOLTA account, and the few transactions occurring on the account involved personal payments made from the trust account.

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 October 27, 2014. The Supreme Court entered its order based upon the Disciplinary Commission’s acceptance of the attorney's Conditional Guilty Plea, wherein the attorney pled guilty to violating Rules 1.15(a), (e), and (f), Ala. R. Prof. C. The attorney was appointed to represent a client on criminal charges of trafficking marijuana, and subsequently requested a mental health evaluation for the client. The mental health assessment was unfavorable for the client; therefore, the attorney suggested that the client obtain an independent evaluation. The attorney received approximately $1,200.00 from the client and her mother to prepare for obtaining an evaluation. According to bank records, the attorney received $700.00 from the client; however, the client stated that her mother also gave the attorney approximately $500.00 in cash at the same time. Prior to the independent evaluation, the client entered into a plea agreement with the prosecutor, and requested a refund of the monies that had been paid to the attorney. In his written response to the Bar, the attorney admitted that the funds were not deposited into his trust account. The attorney also admitted that he had been depositing client funds and unearned fees into his operating account, and had used the operating account for both business and personal transactions.

On October 24, 2014, an attorney received a private reprimand for violations of Rules 1.3, 1.4 and 3.2, Ala. R. Prof. C. The respondent attorney represented a client in a probate matter concerning the probate of her father’s will. The respondent attorney prepared and submitted a brief in support of his client’s position in September of 2012. Thereafter, the respondent attorney did not respond to the client’s requests for information concerning the matter. The Probate Court contacted the respondent attorney’s client directly asking for a proposed order, which she submitted directly to the court. The Probate Court denied the client’s request to admit the will to probate on May 22, 2013, and served a copy of the order on the respondent attorney. The client never received a copy of the order and the respondent attorney had no record of the order being in his file. Thereafter, the client requested a copy of her file and the respondent attorney did not respond until after a bar complaint was filed. When the client attempted to remove the matter to Circuit Court, her request for removal was dismissed because it was untimely filed.

On October 24, 2014, an attorney received a private reprimand for violations of Rules 1.3, 1.4(a) and (b), 1.16(d), and 8.4(g), Ala. R. Prof. C. The respondent attorney represented a client in a dispute with a merchant. The client initially paid the respondent attorney $250.00 to write a letter to the shop’s owner to secure the return of the client’s auto parts which were in the auto shop owner’s possession. While the respondent attorney alleges that he informed his client that the owner of the shop advised he could retrieve his auto parts, the respondent attorney has no record of that alleged communication. The client subsequently paid the respondent attorney an additional $600.00 to file suit against the owner of the auto shop. The respondent attorney advised that the lawsuit had been filed, but failed to return subsequent calls of his client concerning the status of the matter. The client discovered that the lawsuit had not been filed, and filed the lawsuit pro se. The respondent attorney did not refund the unearned portion of the flat fee until after the client filed the bar complaint.

An attorney was disbarred from the practice of law in Alabama by order of the Supreme Court of Alabama, effective October 24, 2014. The Supreme Court entered its order based upon the October 24, 2014 order entered by Panel III of the Disciplinary Board of the Alabama State Bar. The attorney was found guilty of violating Rules 1.4(a) and (b), 1.5(a), 5.5(a)(1), 8.1(b) and 8.4(a), (c), (d), and (g), Alabama Rules of Professional Conduct. The attorney was previously suspended on February 13, 2012. While suspended, the attorney accepted a case in February of 2013, and performed legal services on behalf of a client. The attorney did not inform the client of the suspension, and tried to obtain compensation for services of which the attorney was not lawfully allowed to perform. Once the client learned of the attorney's suspension, the client terminated the relationship with the attorney. The attorney then sought reimbursement for services rendered by filing an attorney’s lien in the amount of $13,806.32.

An attorney was disbarred from the practice of law in Alabama by order of the Supreme Court of Alabama, effective October 14, 2014. The Supreme Court entered its order based upon the October 14, 2014 order entered by Panel III of the Disciplinary Board of the Alabama State Bar. The attorney was found guilty of multiple violations of Rules 1.3, 1.4(a) and (b), 1.16(d), 8.1(b), 8.4(a) and (g), Alabama Rules of Professional Conduct. The attorney accepted fees and failed to substantially perform the services, failed to respond to requests for information from his client and in some cases refused to respond to communications from the Alabama State Bar in connection with the complaints.

An attorney, on January 10, 2014, received a public reprimand without general publication for violating Rules 1.3, 1.4(a), 1.4(b), and 8.4(g), Ala. R. Prof. C. In February of 2009, the attorney was hired to represent a client concerning a personal injury claim. In August of 2009, the attorney informed the client that he was ready to file suit. Thereafter the client was unable to contact the attorney, and subsequently contacted the Bar and discovered the attorney had been transferred to disability inactive status. In June of 2011, the attorney was reinstated. After repeated attempts to contact the attorney without success, the client terminated representation in February of 2012. In March of 2012, the attorney returned the file to the client. After providing the file to another attorney, the client learned that the statute of limitations had expired on any potential claim. In attorney's response to the Bar, he asserted the error in calculating the statute of limitations was based on his initial research of the case, and later learned and advised the client that the statute had run. The attorney also informed the client of his illness and intent to stop practicing law, and informed the client to seek other counsel; however, the attorney did not advise the client, in writing, that he had been transferred to disability inactive status.

An attorney was suspended from the practice of law in Alabama for a period of ninety-one (91) days by the Supreme Court of Alabama, effective October 1, 2014. The Supreme Court entered its order based upon the Disciplinary Commission’s acceptance of the attorney's conditional guilty plea, wherein the attorney pleaded guilty to violating Rules 1.3, 1.4(a), 1.4(b), 3.2, 8.4(a), 8.4(c), and 8.4(g), Ala. R. Prof. C. The attorney admitted she failed to adequately communicate with her client after she filed his civil case. The attorney failed to schedule any depositions. After an order was entered granting summary judgment as to Count 2 of the complaint and the attorney was allowed 30 days to file an alias summons and complaint, as well as perfect service on the defendant, she failed to do so. The attorney also failed to notify her client that the court entered another order granting summary judgment in favor of the defendant and against the plaintiff as to all remaining counts. The atorney also admitted she failed to respond to the Bar complaint until August 12, 2013, even after receiving several extensions.

On October 1, 2014, the attorney received a private reprimand for violating Rules 1.3, 1.4(a) and (b), and 8.4(d) and (g), Ala. R. Prof. C. In February of 2014, the Office of General Counsel received a copy of a court order finding the attorney in contempt of court. According to the order, the attorney had been retained to represent a client who had been indicted on criminal charges. During the course of the case, the attorney failed to appear for three separate hearings. An order was entered requiring the attorney to appear before the court and show cause why he should not be held in contempt as a result of his failure to appear. In the interim, the case was scheduled for trial. The defendant appeared for trial, but the attorney did not. As a result, the trial and the contempt hearing were rescheduled. The attorney appeared at the contempt hearing, but offered no reasonable explanation for failing to appear before the court. The judge issued a contempt order and ordered the attorney to pay a $1,000.00 fine to the circuit court. In addition, the judge removed the attorney from the case and ordered him to refund his entire fee to the client. Shortly thereafter, the attorney filed a Motion to Alter, Amend, or Vacate the finding of contempt, contending the sanctions exceeded those allowed by law and that he had not been afforded due process. The judge subsequently vacated his order.

On September 23, 2014, an attorney received a private reprimand for violations of Rules 1.3, 1.4(a) and (b) and 1.16(a) and (d), Ala. R. Prof. C. The respondent attorney represented multiple parties in an employment discrimination lawsuit against their employer. Although the respondent attorney alleged that he was discharged by his clients following a dispute over the merits of their claim, and that their claim was procedurally barred through no fault of his own, the respondent attorney maintained no documentation of his confirmation of termination with the clients, their need to locate substitute counsel or their need to file a response to the motion for summary judgment. The respondent attorney also failed to file a motion to withdraw, and while he was still attorney of record for the complainants, and without filing a responsive pleading to the motion for summary judgment, summary judgment was granted in favor of the defendant.

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 Disciplinary Commission of the Alabama State Bar, effective September 22, 2014. The suspension was ordered held in abeyance and the attorney was placed on probation for two years. The Order of the Disciplinary Commission was based upon the attorney's Conditional Guilty Plea to violating Rules 1.15(a) and (e), Ala. R. Prof. C. The attorney admitted that he failed to employ proper trust accounting procedures and failed to keep accurate trust account records as required by Rule 1.15(a) and (e), Ala. R. Prof. C.

An attorney received a public reprimand without general publication for violating Rules 8.4(d) and (g), Ala. R. Prof. C., by decision of the Disciplinary Commission on February 12, 2014. On November 2, 2007, the Client Security Fund paid a claim to a complainant in the amount of $1,646.80. In spite of multiple opportunities provided to her, the attorney failed to reimburse the Client Security Fund for payment made on this claim filed against her. The attorney is also ordered to re-pay the Client Security Fund $1,646.80 within 60 days of the receipt of this reprimand.

The Disciplinary Commission ordered that an attorney receive a public reprimand without general publication for violating Rule 8.4(g), Alabama Rules of Professional Conduct. The attorney met with a female client in his office concerning a divorce action. While she was in his office waiting for the petition to be drafted, the attorney told her he needed her picture for his files. The attorney then took two pictures of the complainant, asking her to pose with her shoulders back for the second one. As the client was leaving his office the attorney asked her whether or not she would like to make quick, easy money by posing nude and then gave her his business card.