Disciplinary History

On 11/2/12 the attorney received a public reprimand without general publication for violations of Rules 1.2(c), 1.3, & 1.4(a), Ala. R. Prof. C.In August of 2007, the attorney entered into a contract with the complainant to represent her in an EEOC employment discrimination matter as well as worker’s compensation case. The complainant alleged she was the victim of discrimination by the Police Department because she was transgendered. The attorney did not pursue the complainant’s worker’s compensation case and allowed the statute of limitations to expire. Initially, the attorney informed the complainant he carried malpractice insurance. However, when he admitted to the complainant he failed to pursue her worker’s compensation case, he also admitted to her he no longer carried malpractice insurance. The attorney failed to inform the complainant he was not pursuing the worker’s compensation case. Additionally, he did not diligently pursue both her cases. His conduct in this matter violated Rules 1.2(c), & 1.3, Ala R Prof C. Although the complainant attempted to contact the attorney on a weekly basis, he failed to adequately communicate with her during a large part of the time that he represented her. Therefore, his conduct violated Rule 1.4(a), Ala. R. Prof. C.

The attorney was ordered to receive a public reprimand without general publication for violations of Rules 1.3 and 1.4(a), Ala. R. Prof. C. In 2001, the attorney was retained to represent a client in an action regarding injuries she sustained in an automobile accident. In June of 2006, the attorney negotiated a settlement for policy limits, from which disbursements were made, and an additional sum was placed in trust, pending a final demand from Medicare. In May of 2007, the client received her portion of the settlement proceeds, and assumed the matter was resolved. Some time thereafter, the client received notice from Medicare that the attorney had not paid Medicare, and that the client’s account remained open. Thereafter, the client made several attempts to contact the attorney; however, the attorney failed to return her calls or correspond with the client in any manner.

On 11/2/12, an attorney received a public reprimand w/out general publication for violating Rules 1.15(c), 8.4(a)&(g), Ala. R. Prof. C. The attorney deposited $175,092.70 into his trust account pursuant to a settlement agreement resolving an estate matter. The attorney's firm, along with co-counsel, filed a Joint Motion for Approval of Attorney’s Fees, stating they were entitled to a fee of approximately $180,000. A dispute arose between the attorney & co-counsel concerning payment of fees in another matter, & the attorney informed co-counsel that he was placing a lien on co-counsel’s share of fees in the estate matter. Prior to approval by the court, the attorney began transferring funds held in trust to the firm’s general account as earned fees, including those claimed by co-counsel. A hearing was held on the motion for attorney’s fees & the attorney became aware that creditors of the estate were seeking funds he was supposed to be holding in trust. Prior to the court’s approval, the attorney transferred approximately $38,000 that was remaining in trust into his firm’s general operating account. The attorney was subsequently awarded attorney’s fees, costs & expenses by the court & eventually reached an agreement with co-counsel concerning the fees. In an unrelated matter, the attorney filed a Petition to Modify his divorce agreement seeking a reduction in child support based on a reduction in income. Prior to a hearing on the petition, the attorney amended his tax return to remove approximately $31,000 of personal expenses previously claimed as business expenses.

In Feb of 2007 RA agreed to represent comp after he was involved in a MVA accident. RA informed comp that he would file case against at fault party's ins and possible work comp. Sometime later RA advised comp that statute had ran and that presented comp with an agreement where RA would pay to comp the approx amount that would have been received at as settlement and agreed to make pmts to comp of $500.00 per month. RA made one payment and will not communciate with comp.

On November 2, 2012, the attorney received a public reprimand with general publication for violating Rules 1.15(d), and 8.4(g), Ala. R. Prof. C. In May of 2009, the attorney conducted a closing involving an investment company. The investment company was to provide $36,000.00 in lender funds for the transaction; however, the check from the investment company bounced. In the interim, the attorney had disbursed the proceeds of the sale, leaving his IOLTA account short by approximately $36,000.00. The attorney did not have the money to replace the missing funds, and failed to do so as required by Rule 1.15(d), Ala. R. Prof. C. As a result, the attorney began placing personal funds into the IOLTA account to cover shortfalls as needed, which resulted in overdrafts on several occasions.

On September 12, 2011, the Disciplinary Board of the Alabama State Bar disbarred an attorney. In one case, the Disciplinary Board found the attorney had violated Rules 3.4(c), 5.5 A.2, 8.4(a), and 8.4(g), Ala. R. Prof. C., by using a disbarred attorney to assist in his law practice and assisting the disbarred attorney in the unauthorized practice of law. In another case, the Disciplinary Board found the attorney guilty of violating Rules 3.3(a)(1), 3.3(a)(2), 3.3(a)(3), 5.5 A.2, 8.4(a), 8.4(c), 8.4(d), and 8.4(g), Ala. R. Prof. C. The Board found that the attorney knowingly made false statements of material fact to a court, knowingly failed to disclose a material fact to a court when disclosure was necessary to avoid assisting a criminal or fraudulent act by the client, and knowingly offered evidence that he knew to be false. The attorney actively participated in a scheme to mislead the court regarding the financial participation and personal involvement of a disbarred attorney and convicted felon in a bail bonding business. The attorney's disbarment was subsequently upheld by the Supreme Court of Alabama.

An attorney was suspended from the practice of law in the State of Alabama for a period of six (6) months by Order of the Disciplinary Commission of the Alabama State Bar, effective October 18, 2012. 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 violations of Rules 8.4(b) and 8.4(g), Ala. R. Prof. C. In June of 2012, the attorney pled guilty to two counts of Assault III and one count of Boating Under the Influence of Alcohol. While on probation, the attorney is also ordered to comply with all requirements of the Alabama Lawyer Assistance Program.

An attorney was suspended from the practice of law in the State of Alabama for a period of six months, by Order of the Supreme Court of Alabama, effective October 15, 2012. 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 5.5(a)(1), 8.4(a), 8.4(d) and 8.4(g), Ala. R. Prof. C. The attorney was previously interimly suspended from the practice of law in the State of Alabama in 2012 for failure to certify her IOLTA account, and had not been reinstated. Prior to her suspension, the attorney failed to purchase an occupational license for the year 2013. Following her suspension, the attorney continued to engage in the practice of law, including, appearing on behalf of clients in the family court.

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 May 22, 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(j), 5.5(a), 8.4(a) and 8.4(g), Ala. R. Prof. C. The attorney admitted he failed to certify his trust account in 2012, and as a result, his license was initially suspended on October 15, 2012. Between October 15, 2012 and May 22, 2014, the attorney continued to hold himself out as an attorney; as a result, practiced law without a license.

On October 8, 2012, an attorney received a private reprimand for violating Rule 5.3(a), Ala. R. Prof. C. From January of 2011 through May of 2011, an independent contractor was hired by the respondent attorney’s firm to assist in investigations and in the relocation of the firm’s offices. In April of 2011, the independent contractor contacted an individual that had recently been involved in a car accident. The independent contractor informed the individual that he worked for the respondent attorney’s firm, and that the firm could represent the individual on his car accident. The independent contractor then presented the individual with an employee contract from the respondent attorney’s firm. After learning of the independent contractor’s attempt to solicit a personal injury case on behalf of the firm, the respondent attorney severed the firm’s relationship with the independent contractor.

On October 8, 2012, an attorney received a private reprimand for violating Rule 8.4(g), Ala. R. Prof. C. Individuals claiming to act on behalf of the respondent attorney contacted two potential clients that had been involved in automobile accidents. The individuals contacted the potential clients by telephone and later met with them at their homes. In both instances, the individuals informed the potential clients that they were contacting them on behalf of the respondent attorney. Although the respondent attorney denied having any knowledge or connection with these individuals, each individual possessed a copy of an employment contract from the respondent attorney’s law firm.

An attonrey was interimly suspended from the practice of law in the State of Alabama, effective October 1, 2012, by Order of the Supreme Court of Alabama. The Supreme Court entered its Order based upon the October 1, 2012 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 attorney's conduct is causing, or is likely to cause, immediate and serious injury to a client or to the public. Rule 20a.

On August 1, 2012, the Supreme Court of Alabama entered an order suspending the attorney for a period of ninety (90) days, effective September 29, 2012. The suspension was entered based upon the order filed on July 16, 2012, by the Disciplinary Board of the Alabama State Bar, Panel I, accepting the conditional guilty plea of the attorney to violations of Rules 1.4(a), 1.4(b), and 1.15(d), Ala. R. Prof. C. The attorney admitted he failed to reasonably communicate with clients and failed to render a full accounting of his clients’ property.

On 9/17/12, an attorney received a private reprimand for violations of Rules 1.4(a) and 8.1(b), Ala. R. Prof. C. In May of 2010, the RA was appointed to represent a client in a criminal matter. The RA immediately notified her client of her appointment and met with him on 6/22/10 and 6/23/10. Thereafter, the client requested an update on the status of his case and the RA failed or refused to provide this information. Although the client wrote the RA in October of 2010 informing her that he no longer wanted her to represent him, she continued her representation of her client. A copy of the Bar complaint was mailed to the RA on 12/16/10. However, the RA failed or refused to respond to the Bar. Therefore, her license was summarily suspended on 4/14/11. An order dissolving the suspension was entered on 4/20/11, after her response was received. The RA’s failure to keep her client informed of the status of his case violated Rule 1.4(a), Ala. R. Prof. C., and her failure to respond to the Bar in a disciplinary matter violated Rule 8.1(b), Ala. R. Prof. C.

The attorney was suspended from the practice of law in the State of Alabama for a period of three (3) years effective September 14, 2012, the imposition of which was deferred pending a two-year probationary period. On September 14, 2012, the Disciplinary Commission accepted the attorney’s Conditional Guilty Plea to violations of Rules 1.1, 1.3, 1.4(a), 1.4(b), 1.15, 1.16(d), 5.3(a), 5.3(c), 5.5(a)(2), 8.1(b), 8.4(a), 8.4(c) and 8.4(g), Ala. R. Prof. C. The attorney associated with a Legal Research Company and another inmate defense company as a supervising attorney in 2008. The attorney was hired a non-lawyer, who was using these companies as a scheme to defraud inmates of attorney fees. The non-lawyer was arrested for writing bad checks, which was sufficient cause for the attorney to know or inquire about the non-lawyer’s status as an attorney, and into other matters regarding the operation of one of the companies. The attorney failed to inquire or take reasonable remedial action following the arrest and continued to practice, sometimes under the auspices of the company, and sometimes as a solo practitioner. During the course of the Bar’s investigation, the attorney failed to respond or, in some cases, did not promptly respond to repeated requests for information from a disciplinary authority.