Disciplinary History

Florence attorney Mollie Hunter McCutchen was disbarred from the practice of law in Alabama effective October 23, 2018 by order of the Supreme Court of Alabama. McCutchen’s disbarment was based upon her guilty plea entered in the Circuit Court of Lauderdale County to one count of Theft of Property, First Degree and the corresponding sentence entered April 18, 2018 ordering McCutchen to serve sixty (60) months in the custody of the Alabama Department of Corrections. [Rule 22(a), Pet. No. 2018-1136]

Selma attorney, Carolyn Gaines-Varner was transferred to inactive status effective October 22, 2018, by Order of the Supreme Court of Alabama. The Supreme Court entered its Order based upon the October 22, 2018 Order of Panel III of the Disciplinary Board of the Alabama State Bar in response to Gaines-Varner’s petition submitted to the Office of General Counsel requesting she be transferred to inactive status.

Washington, DC attorney Leslie Arnold Thompson, who is also licensed in the State of Alabama, was ordered by the Disciplinary Board of the Alabama State Bar, to receive reciprocal discipline of a ninety-one (91) day suspension from the practice of law in the State of Alabama, effective October 18, 2018. Thompson was found guilty of violating Rule 8.4(d) [Misconduct], District of Columbia Rules of Professional Conduct and District of Columbia Rule XI § 2(b)(3).

On September 28, 2018 an attorney was issued a private reprimand for violating Rules 8.4 (b) and (g) [Misconduct], Ala. R. Prof. C. In August of 2014, the attorney was arrested for possession of a controlled substance and possession of drug paraphernalia. The attorney subsequently entered a plea of guilty and was granted entry into drug court in July of 2015. The attorney completed drug court and the charges were dismissed in July of 2016. In February of 2015, the attorney was arrested for public intoxication. In May of 2015, the attorney was arrested for endangering the welfare of a child. The attorney was subsequently found guilty of both charges. The attorney was given a twenty-four months deferred prosecution and after completing the deferred prosecution, both matters were dismissed in January of 2018.

On September 28, 2018 an attorney was issued a private reprimand for violating Rules 1.15(a), (e), and (n) [Safekeeping Property], Ala. R. Prof. C. In March of 2018, the Office of General Counsel received an insufficient funds notice regarding the attorney’s IOLTA account. The account had become overdrawn in February of 2018. The attorney mistakenly believed a check issued on her IOLTA account for her monthly local Bar dues had cleared. Believing the check had cleared, the attorney transferred funds out of the IOLTA account to herself. The transfer of funds resulted in insufficient funds when the check was presented for payment. The attorney was subsequently requested to provide all trust records required to be maintained by Rule 1.15(e), Ala. R. Prof. C. The attorney submitted partial IOLTA account records but failed to submit a general ledger for her IOLTA account. Instead, the attorney submitted a written explanation for the transactions on her trust account. The records the attorney produced, along with her written explanation, showed that she repeatedly deposited personal funds into her IOLTA account, made repeated personal payments from her trust account, and improperly transferred funds from her IOLTA account to a Regions NOW card. The attorney also failed to properly label checks issued on the IOLTA account as “IOLTA Account”, “Trust Account”, “Escrow Account” or “Fiduciary Account” as required by Rule 1.15(a), Ala. R. Prof. C.

Montgomery attorney Joseph Lee Fitzpatrick, Jr. 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 27, 2018. The suspension was based upon the Disciplinary Commission’s acceptance of Fitzpatrick’s Conditional Guilty Plea, wherein he pled guilty to violating Rules 1.4 [Communication], 1.15(b) [Safekeeping Property], 1.16(d) [Declining or Terminating Representation], and 8.4(g) [Misconduct], Ala. R. Prof. C.

Huntsville attorney Wendell Wesley Wilson was suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective September 26, 2018. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Wilson be suspended for failing to comply with the 2017 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

Montgomery attorney William Allen McGeachy was suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective September 26, 2018. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Wilson be suspended for failing to comply with the 2017 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

Daphne attorney Russell Foster Bozeman was disbarred from the practice of law in the State of Alabama by Order of the Supreme Court of Alabama, effective September 26, 2018. The Supreme Court entered its order based upon the September 26, 2018 Order of Panel III of the Disciplinary Board of the Alabama State Bar. The Supreme Court entered its order based on the Disciplinary Board’s acceptance of Bozeman’s Consent to Disbarment, wherein Bozeman admitted to failing to properly handle and account for client funds.

Morris attorney Keith William Veigas, Jr. was summarily suspended pursuant to Rule 20a, Ala. R. Disc. P., from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective September 21, 2018. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Veigas be summarily suspended for failing to respond to formal requests for information concerning a disciplinary matter.

On January 2, 2018, the Disciplinary Commission determined Birmingham attorney Brandy Murphy Lee should receive reciprocal discipline in the form of a public reprimand with general publication. On October 12, 2017, the State Bar of Tennessee ordered the sanction of a Public Censure be imposed against Lee because she committed several pro hac vice rule violations, including practicing before certain tribunals without permission or approval, filing pleadings without the signature of local counsel, and practicing for a period in excess of two years after her pro hac vice status expired, thus, violating Rules 3.4(c) and Rule 5.5, Tennessee Rules of Professional Conduct. Lee is also required pay any costs taxed against her pursuant to Rule 33, Ala. R. Disc. P, including but not limited to a $750.00 administrative fee.

Decatur attorney, James McCauley Smith, received a public reprimand with general publication on September 14, 2018 for violating Rules 1.5(a) [Fees] and 8.4 (g) [Misconduct], Alabama Rules of Professional Conduct. Smith represented a client who passed away in 2008. Per the terms of the client’s will, an Irrevocable Family Trust was to be created with his widow as the beneficiary. After the widow’s death, the corpus of the trust was to be distributed to the widow’s heirs. There was an agreement that Smith would serve as trustee and be paid 2.5% of monies taken in and 2.5% of monies paid out on rental properties owned by the heirs. By the time one of the daughters passed away in January of 2013, the trust still had not been established. The trust was not established until late February of 2013, three weeks prior to the death of the widow. Despite the fact that the widow had passed away and the trust was no longer necessary, Smith continued to collect rent, pay bills, and pay himself without any oversight for over a year until he signed over control of the trust in July of 2014. Smith charged the trust an hourly rate, rather than the 2.5% in and the 2.5% out fee as outlined in the settlement agreement, and in doing so, he overbilled and improperly charged the trust while serving as trustee.

On July 24, 2018, the Disciplinary Commission determined Montgomery attorney Elizabeth Clair Addison
should receive a public reprimand with general publication for violating Rules 1.1, 1.3, 1.4, 5.5(a)(2), 8.4(a), 8.4(c), 8.4(d), and 8.4(g), Ala. R. Prof. C. Addison was hired to represent a client to appeal his felony conviction in federal court and was paid $10,000. Two paralegals were hired to assist in drafting the appeal brief, but were difficult to contact. Addison requested, and the client paid, an additional $1,825 to pay yet another paralegal to assist in drafting the brief, as well as $750 in travel expenses to visit the client which Addison failed to do. The client filed the brief, pro se, which was rejected by the Court because Addison was counsel of record. As a result, the Court encouraged Addison to withdraw from the matter but she failed or refused to do so. Addison eventually filed the brief prepared by the paralegals. Addison is also required to pay any costs taxed against her pursuant to Rule 33, Ala. R. Disc. P, including but not limited to a $1,000 administrative fee.

Tuscaloosa attorney Michael Jay Upton received a public reprimand with general publication on September 14, 2018, for violating Rules 1.5(a) and 1.5(b) [Fees], 1.15(a) [Safekeeping Property], 7.2(f) [Advertising], and 8.4(a), 8.4(c), and 8.4(g) [Misconduct], Ala. R. Prof. C. Upton was hired by the parents of a college student to represent him in a criminal matter. They paid a fee of $4,000. Less than a week after the arrest, the client decided to employ a different attorney. The client’s parents requested a refund and, after Upton refused to provide a refund, the parents retained an attorney who sued Upton in small claims court in order to obtain the refund. Upton agreed to a consent judgment in this matter. With this conduct, Upton violated Rules 1.5(a) and 1.5(b), 1.15(a), 7.2(f), and 8.4(a), 8.4(c), and 8.4(g) by failing to abide by the Rules of Professional Conduct for charging an excessive fee, failing to communicate the basis or rate of the fee in writing, failing to properly safeguard client money, failing to perform advertised services at the advertised fee, engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, and engaging in conduct that adversely reflects on his fitness to practice law. Upton was also required to pay any costs taxed against him pursuant to Rule 33, Ala. R. Disc. P, including but not limited to a $750 administrative fee.

On September 14, 2018, the Disciplinary Commission determined Millbrook attorney Darren William Kies should receive a public reprimand with general publication for violating Rules 5.2(a) [Responsibilities of a Subordinate Lawyer], 5.4(a) [Professional Independence of a Lawyer], 7.2(c) [Advertising], 7.3(a) [Direct Contact with Prospective Client], and 8.4(a) and (g) [Misconduct], Ala. R. Prof. C. Kies impermissibly solicited clients involved in a car accident. A representative of Kies’s firm urged the clients to cancel an appointment with another attorney and retain Kies. Kies also impermissibly initiated contact with the passenger in this accident and coerced him to sign a contract with his firm. With this conduct, Kies violated Rules 5.2(a), 5.4(a), 7.2(c), 7.3(a), and 8.4(a) and (g) by failing to abide by the Rules of Professional Conduct despite actions taken at the direction of another person, sharing legal fees with a non-lawyer, compensating a person for recommending Kies’s services, soliciting professional employment for a prospective client with whom he had no familial or current professional relationship for pecuniary gain, and engaging in conduct adversely reflecting on his fitness to practice law. Kies was also required to pay any costs taxed against him pursuant to Rule 33, Ala. R. Disc. P, including a $750 administrative fee.