Disciplinary History

On July 6, 2012, the Supreme Court of Alabama affirmed the five-year suspension of the attorney. The attorney appealed the decision of the Disciplinary Board findings that in a case the attorney violated Rules 1.4(a), 3.3(a)(1), 3.3(a)(3), 8.4(a), 8.4(b), 8.4(c), 8.4(d), and 8.4(g), Ala. R. Prof. C. The attorney represented clients regarding discrepancies in a real estate contract. Later, the clients learned their case was dismissed. The clients also discovered affidavits in their file bearing their signatures which were forged by the attorney and were filed by the attorney with the court and served upon opposing counsel. In another case, the attorney was found guilty of having violated Rules 3.3(a)(1), 4.1(a), 8.4(a), 8.4(b), 8.4(c), and 8.4(g), Ala. R. Prof. C. The attorney filed a falsified fee declaration with the State of Alabama whereby she received attorneys’ fees to which she was not entitled. The Disciplinary Board also ordered the attorney to reimburse $1,008 to the State of Alabama Office of the Comptroller.

RA was suspended from the practice of law in AL by order of the AL Supreme Court for a period of 2-yrs eff. 7/5/12. The Supreme Court entered its order based upon the decision of Disciplinary Board Panel I of the ASB wherein RA was found guilty of violating Rules 1.1, 1.3, 1.4(a), 1.4(b) & 8.4 (a), (c) & (g), Ala. R. Prof. C. RA represented a client in a 2009 divorce proceeding & was paid a $500.00 fee. He filed the divorce in May 2009. Sometime in mid-August 2009, the parties agreed to an uncontested divorce. The parties signed the necessary documents & waited to hear from RA about their divorce. During the same period of time, the client attempted to contact RA regarding the status of the matter & left numerous telephone messages, which RA did not return. The divorce was set for a hearing in November 2009. RA did not notify the client of the hearing & neither RA nor the client appeared. The divorce action was dismissed for failure to prosecute. Formal charges were filed against RA before the Disciplinary Board. RA did not file an answer. The formal charges were deemed admitted & RA was adjudged guilty as charged. At a hearing to determine discipline, the panel found that the attorney offered no reasonable evidence to explain his repeated failure to attend to client matters made the basis of the complaint or his repeated failure to respond to the Bar’s numerous attempts to communicate with him. The Disc. Bd determined that RA should be suspended for 2-yrs.

The Supreme Court of Alabama adopted the June 1, 2012, order of the Alabama State Bar Disciplinary Commission disbarring the attorney from the practice of law in the State of Alabama effective July 5, 2012. On June 22, 2011, the attorney pled guilty in state court to one count of securities fraud and two counts of omission or misrepresentation in the sale of securities, all Class C felonies. On August 29, 2011, the attorney was sentenced to a term of twenty years, split to serve five years followed by five years’ supervised probation or until restitution is paid in full.

The attorney was suspended from the practice of law in the State of Alabama for a period of 91 days, the imposition of which was deferred pending a two-year probationary period. On July 3, 2012, Panel I of the Disciplinary Board accepted the attorney’s Conditional Guilty Plea to violations of Rules 1.8(a)(1)-(3), 1.8(b), and 5.5, Ala. R. Prof. C. The attorney admitted that he entered into a business transaction with a client without compliance with Rule 1.8(a)(1)-(3), Ala. R. Prof. C., and that he used information relating to the representation to the disadvantage of the client. The attorney also admitted that he employed a suspended lawyer in violation of Rule 26, Ala. R. Disc. P., and thereby violated Rule 5.5, Ala. R. Prof. C. The attorney was ordered to make restitution to his client in the amount of $44,200.00.

On 06/28/2012 the attorney received a private reprimand for a violation of Rule 5(a)(1), Ala. R. Prof. C. In 2010, the respondent attorney failed to renew his license to practice law. In October of 2010, during the time the respondent attorney’s license was inactive, he represented a client in a civil matter. The respondent attorney contended that his license to practice law expired because he moved his office and failed to notify the Membership Department of the Alabama State Bar. Therefore, he did not receive notice of the license renewal.In January of 2011, the respondent attorney was notified of his inactive license, and upon notification, he renewed his license shortly thereafter. According to the membership records, the respondent attorney has been late paying his Bar license dues on at least three occasions within the past six years.The respondent attorney’s failure to renew his Bar license by the required date, and his continued practice of law without a law license during this period.

The 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 June 20, 2012. The Supreme Court entered its order based upon the Disciplinary Board’s acceptance of the attorney’s Conditional Guilty Plea. In exchange for the plea, another case shall be dismissed. In this case, the attorney pled guilty to violating Rule 8.4(g), Ala. R. Prof. C. The attorney borrowed $31,500.00 from a client, and was to repay the client $63,000.00 within three to five business days. The attorney has not repaid any portion of the loan. In another case, the attorney entered a plea of guilty to violating Rules 1.15(a) and 8.4(g), Ala. R. Prof. C. In February of 2010, a client placed $120,000.00 in the attorney’s trust account for an investment with a third party. The funds were to be held in trust until the client authorized their release to the third party. Shortly after the funds were deposited in trust, the attorney transferred or withdrew the funds without first obtaining the client’s permission. Prior to petitioning for reinstatement, the attorney has been ordered to pay restitution to both clients.

The attorney was interimly suspended from the practice of law in the State of Alabama, effective June 20, 2012, by Order of the Supreme Court of Alabama. The Supreme Court entered its Order based upon the June 20, 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.

On June 13, 2012, the attorney was interimly suspended from the practice of law in the State of Alabama pursuant to Rule 20(a), Alabama Rules of Disciplinary Procedure, by order of the Disciplinary Commission of the Alabama State Bar. On July 16, 2012, the Disciplinary Commission entered an order dissolving the suspension due to the attorney having satisfied the requests of the Office of General Counsel.

The attorney was disbarred from the practice of law in the State of Alabama effective June 7, 2012, by order of the Alabama Supreme Court. The Supreme Court entered its order based upon the decision of the Disciplinary Commission of the Alabama State Bar accepting the attorney’s surrender of his license and consent to disbarment, based upon his felony convictions in the United States District Court for the Middle District of Alabama. Rule 23a, Ala.R.Disc. P.

On June 6, 2012, the attorney received a private reprimand for violations of Rules 8.4(b) and 8.4(g), Ala. R. Prof. C. The respondent attorney self-reported that on September 26, 2009, he and his wife were drinking excessively. The respondent attorney admitted they also had recurring jealousy issues. They began arguing, which lead to a physical altercation. The respondent attorney’s wife’s injuries were visible but his were not. His wife called the police. The respondent attorney was arrested, incarcerated for 10 hours, and charged with Third Degree Domestic Violence.

In March of 2010, the respondent attorney provided a copy of the court’s order stating the charge was dismissed with leave to reinstate within six months. On September 7, 2010, the charge was dismissed and a record of the sentence was deleted.

The respondent attorney’s arrest for domestic violence violated Rules 8.4(b) and 8.4(g), Alabama Rules of Professional Conduct.

On June 6, 2012, the attorney received a private reprimand for a violation of Rule 1.4(b), Ala. R. Prof. C. The complainant retained the respondent attorney to represent her in a Fair Debt Collection Practices Act case. The case was settled for $50,000. At the time of the settlement, the respondent attorney informed the client she would receive $4,500 of the $50,000 settlement. The remainder of the settlement was directed to pay the respondent attorney’s fees and those of another attorney.

Although the client agreed to the settlement, the respondent attorney failed to explain to her that she was responsible for paying taxes on the entire $50,000.

After the settlement, the respondent attorney issued his client an Internal Revenue Service Form 1099 in the amount of $50,000.

The respondent attorney’s failure to adequately explain the process, the requirements of the settlement agreement, and that his client would be liable for the taxes on the entire settlement amount violated Rule 1.4(b), Ala. R. Prof. C.

On 6/6/12, the attorney received a private reprimand for violations of Rules 1.7(b) and 1.8(a), Ala. R. Prof. C. On 7/6/07, the complainant executed an agreement with the respondent attorney for legal and financial services and a special durable power of attorney. The respondent attorney sold the complainant’s residence and purchased annuities for her. In the respondent attorney’s “Agreement for Legal and Financial Services/HIPAA Waiver and Release/Special Durable Power of Attorney” with the complainant, he agreed to represent her under both his insurance license and attorney license. The respondent attorney agreed to receive the proceeds from the sale of her house and deposit it into his attorney trust account. The Power of Attorney was very broad and allowed the respondent attorney nearly unlimited powers. The Power of Attorney the respondent attorney drafted and in this matter created a conflict on its face and in relation to legal representation, it amounted to “self dealing,” thereby violating Rules 1.7(b) and 1.8(a), Ala. R. Prof. C.

On May 03, 2012, the Disciplinary Commission entered an order accepting the conditional guilty plea of the attorney to a 91-day suspension of her law license. On June 15, 2012, the Supreme Court of Alabama entered an order accepting the Disciplinary Commission’s order suspending the attorney for a period of 91-days effective June 1, 2012. In these cases, the attorney admitted she failed to comply with the terms of her probation, and entered a guilty plea admitting to violations of Rules 1.3, 1.4(a), and 1.4(b), Ala. R. Prof. C. In these cases, the attorney pleaded guilty to violating Rules 1.3 and 1.4(a), Ala. R. Prof. C., because she failed to diligently pursue her clients’ cases and failed to keep her clients reasonably informed regarding the status of their cases. In one case, the attorney plead guilty to violating Rule 8.4(g), Ala. R. Prof. C., for her failure to not satisfy a judgment entered against her in civil court. In another case, the attorney plead guilty to violating Rules 1.4(a) and 1.4(b), Ala. R. Prof. C., because she failed to keep her clients reasonably informed regarding the status of their cases. One case will be dismissed if the attorney meets certain requirements.

On May 22, 2012, the Disciplinary Commission entered an order accepting the conditional guilty plea of the attorney for a 91-day suspension of his law license. On June 15, 2012, the Supreme Court of Alabama entered an order accepting the Disciplinary Commission’s order suspending the attorney for a period of 91 days effective June 1, 2012. The attorney waived the filing of formal charges and plead guilty to violating Rules 1.15(a), 1.15(c), 8.4(a), and 8.4(g), Ala. R. Prof. C., in that he misappropriated funds from his client trust account and used the funds to pay his law office’s operating expenses.

An attorney, who is also licensed in another state, was suspended from the practice of law in the State of Alabama by Order of the Supreme Court of Alabama, for a period of one year, effective May 31, 2012. The Supreme Court entered its order, as reciprocal discipline, pursuant to Rule 25(a), Ala. R. Disc. P., based upon the March 23, 2012 Order of the Supreme Court of another state, which imposed upon the attorney a one-year suspension. The attorney represented a client in a divorce action with whom the attorney was having an affair. The attorney failed to adequately advise the client of the conflict or obtain a waiver of the conflict. The attorney moved to quash a subpoena for text messages, claiming attorney/client privilege, although that privilege did not apply. The attorney also forged a client’s signature to a document, notarized the signature and submitted the document to the Court. When discovered, the attorney submitted an amended document, but misrepresented to the Court that the only change was the corrected signature