Disciplinary History

The attorney surrendered his license to practice law in the State of Alabama, effective May 31, 2012. The surrender of license was accepted by the Disciplinary Commission as a resolution of a disciplinary complaint pending against the attorney, and such matter shall be dismissed upon the effective date of surrender of license. As a condition to the attorney’s surrender of license, notice shall not be published in the Alabama Lawyer or in the attorney’s local newspaper.

On May 31, 2012, the attorney received a private reprimand for a violation of Rule 1.3, Ala. R. Prof. C. The respondent attorney drafted a wrap-around mortgage that required the mortgagor to obtain the written consent of the mortgagee before transferring the property. When the respondent attorney closed a subsequent sale of the property subject to the wrap-around mortgage, he failed to confirm that the mortgagee on the wrap-around mortgage had given written consent to the transfer of the property described in the wrap-around mortgage prior to closing a subsequent conveyance of the proerty. The respondent attorney was ordered to make restitution to the complainant in the amount of $2,500.00.

On 06/01/2012, RA received a private reprimand for violations of Rules 1.2(a), 1.4(a), 1.4(b) & 1.5(a), Ala. R. Prof. C. On 04/12/2012, the Disciplinary Commission denied RA’s request for reconsideration. During June of 2008, RA received fees of $15,000 to represent a client in an appeal of a criminal conviction. RA agreed to bill at $300 per hour plus expenses. RA did not visit his client until after his appeal was dismissed. RA failed to consult with his client his planned course of action for the appeal. RA did not allow his client an opportunity to assist in the decision making for his case. RA filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), without his client’s knowledge. RA did not timely file the appellate brief & charged for time spent having to prepare & file a Motion to File the Brief out of Time. After RA filed a motion to withdraw from the case, he continued to work on the case & bill his client for time spent on the case. RA billed his client for the time he spent copying his file, the record, transcripts & continued to bill his client after he no longer represented him.

On May 23, 2012, the attorney received a private reprimand for a violation of Rule 1.7(a), Ala. R. Prof. C. In or about June of 2005, the respondent attorney represented both parties in a sales transaction. Both parties in the transaction knew the respondent attorney was representing the other party and apparently made no objection. However, the respondent attorney continued to represent the first party when the second party was endeavoring to rescind the transaction. At this point, the second party believed the respondent attorney represented them. Because of the undisclosed conflict, the second party was forced to hire another attorney. The respondent attorney violated Rule 1.7(a)(2), Ala. R. Prof. C., when he failed or refused to obtain an agreement from both parties in the transaction and failed or refused to withdraw from the case when it became a conflict of interest for him to continue representation.

The attorney was interimly suspended from the practice of law in the State of Alabama, effective May 22, 2012, by the Disciplinary Commission of the Alabama State Bar. The Disciplinary Commission entered its Order 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.

The attorney was suspended from the practice of law in the State of Alabama for a period of three (3) years by Order of the Disciplinary Commission of the Alabama State Bar, effective May 22, 2012. The suspension was ordered held in abeyance and the attorney was placed on probation for three years. In addition, the attorney was ordered to complete all requirements of the Alabama State Bar Lawyer Assistance Program. The Order of the Disciplinary Commission was based upon the attorney's Conditional Guilty Plea to violations of Rules 8.4(a), 8.4(b), and 8.4(g), Alabama Rules of Professional Conduct. In December of 2011, the attorney was arrested and charged with unlawful possession of a controlled substance. The attorney later pled guilty to the charges as part of the drug court program and the court’s deferred prosecution program. After successful completion of the drug court program, the plea will be set aside and the charge nolle prossed.

On February 17, 2012, the Supreme Court of Alabama affirmed the suspension of the attorney for a period of six months, initially effective March 14, 2011. The attorney had appealed the decision of the Disciplinary Board, finding that the attorney had violated Rules 1.1, 1.3, 8.4(a), and 8.4(g), Ala. R. Prof. C. Lively had been retained by the complainant and others to prepare the necessary paperwork to form an LLC and to record the executed articles with the county probate office as well as the Alabama Secretary of State. The attorney prepared the documents but failed to record them. Therefore, when a lawsuit was filed against the complainant, it left him solely responsible. The attorney also caused a former employee to submit a false affidavit in his initial response to the Bar complaint. On May 18, 2012, the Supreme Court of Alabama issued a Certificate of Judgment affirming the March 14, 2011 order of Panel I of the Disciplinary Board.

On May 17, 2012, the attorney received a private reprimand for violating Rules 7.3(a) and 7.3(b)(2), Alabama Rules of Professional Conduct. The respondent attorney’s co-counsel mailed solicitation letters to clients in a particular subdivision regarding damages resulting from Chinese Drywall. The letters did not contain the word “Advertisement” or the required disclaimer and did not comply with the requirements of Rule 7.3(a) regarding written communications with prospective clients. Respondent attorney was aware that the letters were being mailed, but failed to take any affirmative action to ensure that the letters complied with the Alabama Rules of Professional Conduct.

On May 10, 2012, the attorney received a private reprimand for violations of Rules 7.3(b)(1)(ii), and 8.4(a), Ala. R. Prof. C. In October of 2011, the complainant in this matter was sued by a credit union. The respondent attorney admitted that prior to the complainant being served with the summons and complaint, he sent the complainant a solicitation letter offering to represent her in the suit or to represent her in a bankruptcy proceeding. The respondent attorney further stated that he has since met with his staff members regarding the requirements of Rule7.3, and put into place additional safeguards to ensure future compliance with Rule 7.3.

On May 10, 2012, the attorney received a private reprimand for a violation of Rule 8.4(g), Ala. R. Prof. C. The respondent attorney was arrested for public intoxication on the campus of a university. In December of 2011, the respondent attorney entered into a plea agreement in which he pled guilty to public intoxication, and was sentenced to thirty (30) days in jail. The sentence was suspended and the respondent attorney was placed on twelve (12) months unsupervised probation and fined $200.00.

On May 4, 2012, an attorney received a private reprimand for violations of Rules 1.3 and 1.4(a) and (b), Ala. R. Prof. C. The respondent attorney was retained in May of 2007 to obtain Social Security disability benefits for a client. At the time, the client’s petition for Social Security benefits was already pending and the respondent attorney was to follow up on a petition for reconsideration. Between May of 2007 and November of 2009, the client contacted respondent attorney’s office periodically to get a status report concerning the matter. Around November of 2009, the client was advised by the Social Security office that an appeal had never been filed on his behalf and he would have to reapply. Although the respondent attorney was never hired to file an appeal of the initial denial of the claim, he was hired to assist the client and follow up on his previously-filed claim. The respondent attorney’s records reveal that between August 8, 2007 and September 29, 2009, the respondent attorney took no action regarding the Social Security claim. During this period of time, the respondent attorney did not reasonably communicate with the client regarding the status of the case or explain matters to him to the extent reasonably necessary to allow him to make informed decisions regarding the representation.

The attorney was suspended from the practice of law in the State of Alabama for a period of three (3) years by Order of the Disciplinary Commission of the Alabama State Bar, effective May 2, 2012. The suspension was then held in abeyance and the attorney was placed on probation for three years. In addition, the attorney was ordered to complete all requirements of the Alabama State Bar Lawyer Assistance Program. The Order of the Disciplinary Commission was based upon the attorney’s Conditional Guilty Plea to a violation of Rules 8.4(a), 8.4(b), and 8.4(g), Alabama Rules of Professional Conduct. In May of 2011, the attorney was arrested and charged with unlawful possession of a controlled substance and unlawful possession of drug paraphernalia. The attorney later pled guilty to the charges as part of a deferred prosecution program. Subsequently, the plea was set aside and the charges nolle prossed after the attorney successfully completed a drug court program.

The attorney was suspended from the practice of law in the State of Alabama for a period of five (5) years, by Order of the Supreme Court of Alabama, effective April 24, 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 1.4(a), 1.4(b), 1.5(a), 1.5(e), 1.8(h), 1.15(a), 1.15(g), and 8.4(g), Ala. R. Prof. C. The attorney was retained to represent a client regarding the wrongful death of the client’s husband. The attorney filed a wrongful death suit on behalf of the client, and associated another attorney to act as lead counsel in the matter. The lead counsel withdrew from representation and filed an attorney’s lien for his fees and expenses. The attorney’s lien was to be satisfied, in part, from the attorney's share of the settlement proceeds. The wrongful death suit settled and the client was entitled to 50% of the settlement proceeds, and the attorney was entitled to 50% for attorney’s fees; however, the attorney required his client to sign a general liability release in order to receive the client’s settlement proceeds, and deducted the attorney’s fee from the client’s portion. The attorney also failed to maintain an IOLTA account as required by the Ala. R. Prof. C., and was ordered to make restitution to his client in the amount of $52,500.00.

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 April 24, 2012. The Supreme Court entered its order based upon the Disciplinary Board’s acceptance of the attorney’s Consent to Discipline. In a case, the attorney pled guilty to violating Rules 1.5(a), 1.15(a), 8.4(a), and 8.4(g), Ala. R. Prof. C. The attorney previously worked as an attorney in a law firm. While at the law firm the attorney, on behalf of a client, filed a complaint against a party (“defendant”) concerning a collections matter, and a default judgment was subsequently entered. In December of 2008, the attorney left the firm and moved to another state. After the attorney’s departure from the law firm, another attorney with the firm filed garnishment proceedings against the defendant’s employer. In March of 2010, the circuit court began sending the garnishment checks to the attorney in another state. Rather than forward the garnishment checks to the law firm or the client, the attorney cashed the checks and kept the funds totaling $2,888.10. In addition to the ninety-one (91) day suspension, the attorney was also ordered to repay $2,888.10 to the law firm, and required to provide proof of said repayment to the Office of General Counsel.

On April 20, 2012, an attorney received a private reprimand for a violation of Rule 1.15(a), Ala. R. Prof. C. The respondent attorney agreed to protect a third-party medical provider’s interest when he settled a case on behalf of his client. However, when the case was settled, the respondent attorney did not honor his agreement. In another matter, the respondent attorney alleged he disbursed a check made payable to a third-party medical provider for services rendered. And, although a check in that amount was reflected in the respondent attorney’s trust account records, there was no evidence that the check was ever delivered or that it ever cleared the respondent attorney’s trust account.