Disciplinary History

The Disciplinary Commission ordered that an attorney receive a public reprimand without general publication for violating Rules 1.7(a) and 1.15(b) and (g), Alabama Rules of Professional Conduct. The attoreny's former law partner consulted with a husband and wife regarding the filing of a wrongful death action after their son was killed in an automobile accident. Thereafter, the attorney and his law partner filed a wrongful death lawsuit on their behalf in the name of the father as next friend. The child’s mother subsequently filed for divorce from the father. Despite the attorney's involvement in the wrongful death action, the attorney and his law partner agreed to represent the father/husband in the divorce matter. After the wrongful death action settled, the attorney failed to notify the mother/wife that he was holding funds to which she was entitled. The attorney continued to represent the husband/father in the divorce action and abided by his instructions to conceal the settlement from the wife/mother and allowed her portion of the settlement funds to remain in the firm’s trust account until the divorce was concluded.

The Disciplinary Commission ordered that an attorney receive a public reprimand without general publication for violating Rules 1.7(a) and 1.15(b) and (g), Alabama Rules of Professional Conduct. The attorney consulted with a husband and wife regarding the filing of a wrongful death action after their son was killed in an automobile accident. Thereafter, the attorney and his law partner filed a wrongful death lawsuit on their behalf in the name of the father as next friend. The child’s mother subsequently filed for divorce from the father. Despite the attorney's involvement in the wrongful death action, the attorney and his law partner agreed to represent the father/husband in the divorce matter. After the wrongful death action settled, the attorney failed to notify the mother/wife that he was holding funds to which she was entitled. The attorney continued to represent the husband/father in the divorce action and abided by his instructions to conceal the settlement from the wife/mother and allowed her portion of the settlement funds to remain in the firm’s trust account until the divorce was concluded.

An attorney received a public reprimand without general publication in November 2013 for violating Rules 1.1, 1.3 1.4 and 8.4(g), Alabama Rules of Professional Conduct. The attorney was retained to file a medical malpractice lawsuit on behalf of a client. The attorney failed to designate or make available an expert witness prior to the deadlines set forth in the court’s scheduling order, or seek relief from those deadlines during the subsequent months prior to the close of discovery. Further, the attorney failed to keep his client reasonably informed about the status of her claim. Summary judgment was entered against the attorney's client and, despite his subsequent efforts on appeal, the trial court’s decision was affirmed.

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 31, 2013. The Supreme Court entered its order based upon the Disciplinary Commission’s acceptance of the attorney's conditional guilty plea wherein the attonrey pleaded guilty to violating Rules 1.8(e), 1.15(a), 1.15(c), 8.4(a), and 8.4(g), Ala. R. Prof. C. The attorney admitted he made numerous impermissible loans and payments from his trust account. The attorney also admitted he misappropriated funds in his trust account for the payoff of a lien and utilized other fees in order to fund the satisfaction of said lien.

In 2011, an attorney received a private reprimand for a violation of Rule 8.4(g), Ala. R. Prof. C. The Office of General Counsel received information that the respondent attorney was arrested in 2008 and charged with driving under the influence of alcohol. The respondent attorney entered a no contest plea to the driving under the influence charge and was issued a fine. The respondent attorney subsequently filed a notice of appeal to the circuit court but later dismissed the appeal. The respondent attorney engaged in conduct that adversely reflects on the fitness to practice law, a violation of Rule 8.4(g), Ala. R. Prof. C.

An attorney received a private reprimand on October 30, 2013, for violating Rules 1.3, 1.4(a) and (b), 1.5(c), and 8.1(b), Ala. R. Prof. C. In June 2011 the respondent attorney entered into an oral agreement to investigate a possible claim against a bank on behalf of a client. The respondent attorney willfully neglected this matter entrusted to him, failed to keep the client reasonably informed about the status of the matter and failed to explain the matter to the extent reasonably necessary for the client to make informed decisions. Additionally, the respondent attorney failed to execute a signed contingency contract with the client and repeatedly failed to respond to this office regarding this complaint, resulting in a summary suspension of his license to practice law.

On October 29, 2013, an attorney received a private reprimand for violating Rule 8.4(g), Ala. R. Prof. C. In March of 2012, the Office of General Counsel learned that the attorney had been arrested for unlawful possession of oxycodone, possession of drug paraphernalia, and DUI. The attorney pled guilty to DUI and received a six-month suspended sentence and a $600.00 fine. In exchange for the guilty plea, the charges for unlawful possession of a controlled substance and possession of drug paraphernalia were dismissed.

An attorney was suspended from the practice of law in the State of Alabama for a period of two (2) years, by Order of the Supreme Court of Alabama, effective October 16, 2013. 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 assisting a non-lawyer in the unauthorized practice of law, sharing fees with a non-lawyer, failing to supervise a non-lawyer employee, and improperly soliciting personal injury clients, violations of Rules 1.15(a), 5.1(a) and (c), 5.3(a), (b) and (c), 5.4(a) and (d), 5.5(a)(2), 7.3(a), and 8.4(a) and (g), Ala. R. Prof. C.

An attorney received a private reprimand on in 2013, for violating Rule 7.1(a), Ala. R. Prof. C. The respondent attorney allowed a billboard advertisement to be erected stating his firm obtained a worker’s compensation settlement of $400,000.00 which omitted a fact necessary to make the statement considered as a whole not materially misleading. With this conduct, the respondent attorney violated Rule 7.1, Ala. R. Prof. C., by allowing a billboard advertisement to be erected containing a misleading statement.

An attorney received a private reprimand in 2013 for violating Rules 1.1 and 1.3, Ala. R. Prof. C. The respondent attorney represented a client whose appellate right to a rehearing was lost because the respondent attorney failed to timely file an application for rehearing. With this conduct, the respondent attorney violated Rule 1.1, Ala. R. Prof. C., by failing to provide competent representation to the client. The respondent attorney also violated Rule 1.3, Ala. R. Prof. C., by willfully neglecting a legal matter entrusted to him.

An attorney was interimly suspended from the practice of law in the State of Alabama, effective October 2, 2013, by Order of the Supreme Court of Alabama. The Supreme Court entered its Order based upon the October 2, 2013 Order of the Disciplinary Commission of the Alabama State Bar, in response to a petition filed by the Office of General Counsel evidencing that the attonrey had mishandled and misappropriated client funds on multiple occasions in violation of Rule 1.15(a), Ala. R. Prof. C., and the attorney's conduct was causing, or was likely to cause, immediate and serious injury to a client or to the public. In 2013, the attorney was transferred to disability inactive status by Order of the Supreme Court of Alabama. The Supreme Court entered its Order based upon the October 14, 2013 Order of the Disciplinary Board of the Alabama State Bar, in response to a Petition to Transfer to Disability Inactive Status filed by the attorney. Pursuant to Rule 20(c)(3), upon the attorney's transfer to disability inactive status, the interim suspension was dissolved by Order of the Supreme Court, effective October 10, 2013.

An attorney received a private reprimand in 2013, after successfully completing 1 year probation for violations of Rules 1.4(b) & 1.15(a), Ala. R. Prof. C. In April of 2007, the attorney was retained to represent a client in both criminal & civil matters. The attorney was paid $2,500 to represent the client in the criminal matter & convinced the complainant to enter a blind plea due to an agreement with the DA. The DA changed his mind indicating he did not need the client’s testimony to convict the other defendants. Because of the attorney's advice, his client felt he received a harsher sentence than if he insisted on a trial. The attorney appealed the case, but the appeal was denied & the conviction upheld. In the civil case, the attorney represented the client in a slip & fall & due to his imminent incarceration, the attorney quickly settled the case for $1,750. The client agreed to this settlement amount. Although the client endorsed the check, when he saw the amount of expenses incurred & the amount he was to receive, he refused to accept the offer. The attorney requested permission from the opposing party’s insurance adjuster to keep the check until the client changed his mind. The adjuster agreed. Later, the client requested the attorney deposit the check into his bank account. The attorney admitted because he did not have an IOLTA account, therefore, he deposited the check directly into his checking account.

An attorney was suspended from the practice of law in the State of Alabama for a period of two years, with all but thirty (30) days deferred pending his successful completion of a two-year probationary period. The attorney shall serve 30 days of the two-year suspension beginning on October 15, 2013. On September 16, 2013, the Disciplinary Commission accepted the attorney's Conditional Guilty Plea to violations of Rules 3.3(a) and 8.4(a), (c) and (g), Ala. R. Prof. C. The attorney admitted that he allowed incomplete and inaccurate bankruptcy schedules and an inaccurate certified Statement of Financial Affairs to be submitted to the bankruptcy court in support of his personal bankruptcy petition, and admitted that he did not remedy the errors until the Section 341 Meeting of Creditors, prior to which he was notified by the Bankruptcy Trustee that the trustee was aware of errors in his petition.

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 September 16, 2013. 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 multiple violations of Rules 1.3, 1.4(a) and (b), 1.5(b), 1.8(1), 1.15(a), 1.16(d), 3.2, 8.1(b), and 8.4(d) and (g), Ala. R. Prof. C. Prior to petitioning for reinstatement, the attorney shall be required to complete the Practice Management Assistance Program, and must submit a full accounting and reconciliation of his client and real estate IOLTA accounts to the Office of General Counsel. In addition to his ninety-one (91) day suspension, the attorney must also make restitution. The attorney is required to provide proof to the Office of General Counsel that all restitution has been made.

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. 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 multiple violations of Rules 1.3, 1.4(a), and 8.4(g), Ala. R. Prof. C. Since the issuance of the Order on Conditional Guilty Plea, the Office of General Counsel received additional bar complaints, evidencing multiple violations of the Alabama Rules of Professional Conduct during the attorney's probationary period. In 2013, the attorney filed a Consent to Revocation of Probation, acknowledging failure to abide by the requirements of the Conditional Guilty Plea, and agreed to the revocation of his probation and the imposition of a ninety-one (91) day suspension of his law license. In 2013, the Supreme Court of Alabama entered an Order suspending the attorney from the practice of law in the State of Alabama for a period of ninety-one (91) days.