Disciplinary History

On April 4, 2014 an attorney received a private reprimand for violating Rule 8.4(g), Ala. R. Prof. C. In March of 2013, the attorney was arrested and charged with possession of marijuana for personal use and drug paraphernalia.

An attorney received a private reprimand on April 1, 2014, for violations of Rules 1.1, 1.3, 1.4, and 8.4(a), 8.4(c), and 8.4(g), Ala. R. Prof. C. In late 2010 or early 2011, the attorney was hired by a client in a criminal matter in another State. The attorney informed the client he was licensed to practice law in that State although he was not. Additionally, the respondent attorney failed to appear at the client’s arraignment. The respondent attorney violated Rule 1.1, by failing to provide competent representation as he did not possess a license to practice law in the other State and failed to appear at the client’s arraignment. The respondent attorney violated Rule 1.3, by willfully neglecting a legal matter when he failed to appear at the client’s arraignment. The respondent attorney violated Rule 1.4(b), because he failed to explain the matter to the extent reasonably necessary to permit the client to make informed decisions about his case when he misrepresented that he held a license to practice law in the other State. Finally, the respondent attorney violated Rules 8.4(a), (c), and (g), as he engaged in conduct involving dishonesty, fraud, deceit, and misrepresentation when he informed his client that he held a license to practice law in another State.

An attorney received a private reprimand on April 1, 2014, for a violation of Rule 3.10, Ala. R. Prof. C. On or about June 9, 2011, the attorney stated in correspondence, “…[t]his settlement will result in the criminal charges against Mr…not being pursued.” In doing so, the attorney threatened to present criminal charges if a settlement was not accepted. With this conduct, the attorney violated Rule 3.10, Ala. R. Prof. C., by attempting to gain an advantage in a civil matter by offering not to pursue criminal charges.

An attorney was disbarred from the practice of law in the State of Alabama, pursuant to Rule 23, Ala. R. Disc. P., by Order of the Supreme Court of Alabama, effective March 31, 2014. The Supreme Court entered its order based upon the February 25, 2014, Order on Consent to Disbarment of the Disciplinary Board of the Alabama State Bar. The attorney's consent to disbarment was based upon his self-report that he had misappropriated client funds.

An attorney was suspended from the practice of law in the State of Alabama for a period of one hundred twenty (120) days, by Order of the Supreme Court of Alabama, effective March 21, 2014. The Supreme Court entered its order based upon the January 30, 2014 Order and Judgment of Panel II of the Disciplinary Board of the Alabama State Bar, for violations of Rules 5.3(c)(1), 8.1(a), and 8.4(a). The Disciplinary Board found the attorney guilty of using case runners to improperly solicit personal injury cases, and guilty of providing false information to the Bar during the investigation of the matter.

An attorney received a private reprimand on March 17, 2014, for a violation of Rule 5.5(a)(1), Ala. R. Prof. C. On or about November 11, 2012, the attorney admitted in correspondence another State Bar he engaged in the unauthorized practice of law when he undertook to represent a resident from another state in a matter without a license to practice law in that jurisdiction.

An attorney, on March 14, 2014, received a public reprimand without general publication for violating Rules 1.3, 1.4(a), 1.4(b), 8.1(b), 8.4(a), and 8.4(g), Ala. R. Prof. C. In March of 2013, a complaint was filed against the attorney for failing to timely file uncontested divorce papers with the court. The attorney was advised that a Bar complaint had been filed against her, and was requested to submit a written response to the complaint within fourteen (14) days of the date of our letter. Despite numerous attempts to contact the atorney a written response was not received. As a result, a Petition for Summary Suspension was filed on June 13, 2013, and granted by the Disciplinary Commission on June 14, 2013. On July 29, 2013, the attorney submitted a written response to the Bar complaint and a Petition to Dissolve Summary Suspension, which was granted by the Disciplinary Commission on July 31, 2013. In the response to the complaint, the attorney admitted to failing to timely file the paperwork for the uncontested divorce, resulting in a delay in the proceedings.

The Disciplinary Commission ordered that an attorney receive a public reprimand with general publication for violating Rules 1.4(b), 1.8(k) and 8.4(a) and (g), Alabama Rules of Professional Conduct. The attorney met with a husband and wife regarding an uncontested divorce. At the direction of the husband, who paid the attorney’s fee, the attorney agreed to represent the wife and make her the complainant in the divorce. While purportedly representing the wife, the attorney failed to meet with her separately from her husband and failed to advise her regarding her right to alimony based on the duration of the marriage. The attorney also failed to require the husband to execute an Acknowledgment of Non-Representation. The divorce settlement agreement the attorney prepared and filed for the parties listed the attorney as counsel for the husband and did not provide an award of alimony for the wife.

An attorney received a private reprimand for violating Rules 1.1, 1.3, 8.4(a) and 8.4(g), Ala. R. Prof. C. In September of 2013, the Office of General Counsel received a copy of an Order issued by the Alabama Court of Criminal Appeals, stating that on or about August 26, 2013, an attorney submitted a brief to the Alabama Court of Criminal Appeals on behalf of an Appellant. The brief was untimely filed, and a preliminary review of the brief showed the brief did not conform to the requirements of the Alabama Rules of Appellate Procedure. A notice was issued on August 27, 2013, stating the brief was conditionally filed, although deficient. The notice set forth the specific deficiencies, and provided that the Appellant had 14 days from the date of the notice to file a corrected brief with the Court. The attorney failed to file a corrected brief on behalf of the Appellant.

An attorney received a private reprimand for violating Rules 1.3 and 1.4, Ala. R. Prof. C. In December of 2012, the attorney was hired by a client to appeal an unfavorable determination of his VA disability claim, after seeing the attorney’s advertisement in a telephone directory. From the date of determination, the client had sixty days to file a written notice of appeal with the VA. In July of 2013, the client had not heard from the attorney and decided to stop by the attorney’s office. At that time he was told by the attorney that he no longer handled VA claims. The client was unable to file an appeal of his application for disability claim because it had been more than sixty days and no request for an extension had been filed.

On February 12, 2014, an attorney received a private reprimand for violating Rule 3.4(c), Ala. R. Prof. C. The attorney represented a minor, regarding injuries the minor received at a child care center. The matter settled for $11,000.00, and a guardian ad litem was appointed to review the settlement on behalf of the minor. The settlement was approved by the court, and the court ordered that $1,857.07 in settlement funds be set aside to pay a Medicaid lien. Medicaid reduced its lien to $846.86, and the attorney filed a motion to amend the court’s order to resolve the lien, and sought an additional attorney fee of $333.36 for negotiating the lien to a lesser amount. The court granted the attorney’s request but reversed its order after the GAL objected to the attorney receiving an additional fee. The court then ordered the attorney to return the $333.36, and ordered the attorney to pay GAL’s fees in handling the post-settlement proceedings. The attorney appealed the order to the Alabama Court of Civil Appeals, which later affirmed the circuit court’s order, and ordered the attorney to pay the GAL an additional $2,000. After the attorney failed to comply with the court’s order, the GAL filed a motion for contempt. The court denied the motion for contempt and ruled that the fee should be collected as a judgment. In attempting to collect the judgment, the GAL issued two separate discovery requests which were ignored by the attorney.

An attorney received a private reprimand on February 10, 2014, for violating Rules 1.2, 1.4(b), 1.6, 1.7(b), and 8.4(a) and (g), Ala. R. Prof. C. The attorney represented clients from August of 2011 through January of 2012 regarding ongoing disability issues their family member experienced with the City Schools. During this time, the attorney corresponded with the opposing party and expressed disagreement with actions taken by his clients and failed to disclose and discuss this with his clients. In spite of these actions, the attorney continued to represent his clients and failed to immediately file a motion to withdraw.

On February 10, 2014,an attorney received a private reprimand for violations of Rules 1.3, 1.4, 1.5, 1.15(a) and 8.4(g), Ala. R. Prof. C. The respondent attorney received a $1,200.00 fee to represent a client in a criminal matter. After accepting the fee, the respondent attorney’s ability to perform his professional responsibilities became limited by his personal responsibilities, specifically the need to care for a sick family member. The respondent attorney did not communicate to his client that he would be unable to provide diligent representation or advise him he should seek substitute counsel. The respondent attorney failed to appear at a hearing on behalf of his client and the court appointed new counsel. Thereafter, the respondent attorney failed to promptly refund the unearned fee upon the client’s request, and sought permission from the client to refund the fee in installments.

An attorney received a private reprimand for violations of Rules 1.15(a) and (j), Ala. R. Prof. C. The respondent attorney was hired in 2006 to handle the sale of property belonging to the complainant’s grandfather’s estate. The complainant, who was incarcerated at the time, signed the necessary documents to facilitate the sale. It was the complainant’s understanding that his share of the proceeds from the sale of the property would be held in trust, and that he would receive them upon his release. Upon the complainant’s release, the respondent attorney did not honor the request and, instead, disbursed the complainant’s funds in installments. During the course of the investigation, the respondent attorney did not promptly and completely respond to the Bar’s request for copies of her trust records. A review of the trust account records revealed that the respondent attorney did not employ proper trust accounting practices and commingled client and personal and/or attorney funds.

An attorney received a private reprimand for violating Rule 1.4(b), Ala. R. Prof. C. In 2001, the attorney was retained to represent a client who had been appointed the executrix of an estate. In or around January of 2003, a dispute arose between the client, the attorney, and the bank where the estate account was located. After being called by the bank in response to a phone call the bank had received from the client regarding the dispute, the attorney communicated with the bank about the bank’s response to the client’s phone call, but failed to inform the client about the communication with the bank.