Disciplinary History

Fairhope attorney, Michael Stephen McGlothren, was transferred to inactive status effective July 25, 2018, by Order of the Supreme Court of Alabama. The Supreme Court entered its Order based upon the July 25, 2018 Order of Panel I of the Disciplinary Board of the Alabama State Bar in response to the Office of General Counsel’s petition requesting he be transferred to inactive status.

Mobile attorney John Walter Sharbrough, III 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 July 23, 2018. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Sharbrough be summarily suspended for failing to respond to formal requests for information concerning a disciplinary matter.

In June 2018 an attorney was issued a private reprimand for violating Rules 1.15(a) and (e) [Safekeeping Property], Ala. R. Prof. C. In August and September of 2017, the Office of General Counsel of the Alabama State Bar received insufficient funds notices from a Bank regarding the attorney’s IOLTA account. In response, the attorney stated that he mistakenly believed he had adequate funds in the account at the time of the overdraft. The attorney was ordered to provide copies of his bank statements, cancelled checks, deposits, and general ledger. However, the attorney was unable to provide copies of the cancelled checks, records of deposit, or a general ledger as required by Rule 1.15(e), Ala. R. Prof. C. As a result, the attorney’s IOLTA records were subpoenaed from January 1, 2017 to the present. In May of 2017, the attorney deposited settlement funds of a client in trust. The attorney paid the client their portion of the settlement and issued multiple checks to medical providers. The remainder of the funds was then withdrawn by the attorney in a piecemeal fashion, which led to the attorney failing to accurately monitor the balance in the attorney’s trust account.

Millbrook attorney John David Norris was suspended from the practice of law in Alabama for a period of ninety-one (91) days in the State of Alabama by the Supreme Court of Alabama effective June 25, 2018 of which Norris will serve the first forty-five (45) days. The remaining forty-six (46) days will be held in abeyance pending Norris’s successful completion of a two-year probationary period. The Supreme Court entered its order based upon the Disciplinary Commission of the Alabama State Bar’s order reflecting Norris’s guilty plea to violations of Rules 1.1 [Competence], 1.2(e) [Scope of Representation], 3.3(a)(1) – (3) [Candor Toward Tribunal], 8.1(a) [Bar Admissions and Disciplinary Matters], 8.4(a), 8.4(c), 8.4(d), and 8.4(g) [Misconduct], Ala. R. Prof. C. Norris admitted he filed various documents with the Probate Court of Butler County containing erroneous information during his representation of his mother’s estate. Norris also prepared and filed a deed contrary to an order issued by the Court.

On June 18, 2018, an attorney received a private reprimand for violating Rule 1.16(b), Ala. R. Prof. C. The attorney was hired to represent a client in a protection from abuse action, child custody matter, and a juvenile matter involving the client’s child. After the attorney informed the client they would not continue to represent the client unless the client satisfied her outstanding balance, the attorney failed to file a motion to withdraw and failed to notify the client her hearing was continued. Furthermore, the attorney failed to provide the client a copy of her file and failed to respond to the client’s attempts to contact the attorney.

Sulligent attorney Daniel Heath Boman was interimly suspended from the practice of law in the State of Alabama, effective June 22, 2018. The Supreme Court entered its order based upon the Disciplinary Commission’s Order finding Boman’s conduct is continuing in nature and is causing, or likely to cause, immediate and serious injury to a client and/or to the public. Boman was found to have mishandled client funds, including personal injury settlement funds, resulting in multiple violations of the Alabama Rules of Professional Conduct.

Hayneville attorney Logan Ryan Taylor 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 June 18, 2018. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Taylor be summarily suspended for failing to respond to formal requests for information concerning a disciplinary matter.

On June 15, 2018 an attorney was issued a private reprimand for violating Rules 1.1 and 1.3, Ala. R. Prof. C. In 2007, the attorney was retained to represent a client to pursue petitions for
habeas corpus. At the time, the attorney was not licensed to practice law in the State of Virginia. The attorney was admitted to practice law in Virginia pro hac vice and he hired local counsel in Virginia to assist in the matter. The attorney then failed to meet the required deadlines for filing the habeas corpus and appeal petitions, which were subsequently dismissed as untimely filed.

On June 15, 2018 an attorney was issued a private reprimand for violating Rules 1.3, 1.4, and 8.4(g), Ala. R. Prof. C. In October of 2016, the attorney agreed to represent a client in a divorce for $1,000.00. After accepting the representation, the attorney failed to finalize the divorce and ignored the client’s attempts to communicate with him. The client made repeated attempts from July 2017 to November of 2017 to contact the attorney in order to obtain an update on her divorce. The attorney ignored the client’s text messages until she informed him she would be coming by his office. On November 1, 2017, the attorney texted the client back and informed her that he still needed to file one form and would get the form to her for signing by the end of the week. The client signed the form on or about November 16, 2017, and then attempted to reach the attorney so she could return the signed form to him for filing. However, the attorney ignored the client’s attempts to meet with him to return the form. The attorney subsequently did not file the missing form in the client’s divorce case until January 18, 2018, some two months after the client signed it and more than one month after the client filed a Bar complaint against him.

Prattville attorney George Pollard Walthall, Jr. was disbarred from the practice of law in the State of Alabama effective June 14, 2018, by order of the Supreme Court of Alabama. Walthall’s Consent to Disbarment contained admissions he filed a document with the United States Bankruptcy Court stating he was a disinterested party when he held a mortgage and promissory note executed by the Debtor. Additionally, Walthall admitted he failed to perform the duties for which the Court employed him. Lastly, Walthall admitted the existence of multiple additional disciplinary matters pending against him.

Birmingham attorney Virgil Eric Hunter, II was suspended from the practice of law for a period of two (2) years in the State of Alabama by the Supreme Court of Alabama, effective June 13, 2018. The Supreme Court entered its order based upon the Disciplinary Board’s Report and Order, wherein Hunter was found guilty of violating Rules 1.4, 1.15(a), (e), and (n), 1.16(d), and 8.1(b), Ala. R. Prof. C. Hunter was retained to represent a client in a custody matter. Hunter prepared a petition to modify custody and sent it to the client for her signature. The client returned the executed petition to Hunter for filing. Thereafter, the client had difficulty contacting Hunter and contacted the clerk’s office where she learned the petition had not been filed. Hunter later contacted the client and informed her that he could no longer represent her. Hunter failed to refund the unused portion of the $300.00 filing fee to the client and the funds were not placed into trust, as required. Additionally, Hunter failed to maintain a copy of the client’s file, as required.

Covington, Louisiana attorney Christa Hayes Forrester, 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 six (6) month suspension from the practice of law in the State of Alabama, effective May 17, 2018, with the six (6) month suspension to be held in abeyance pending the successful completion of a one (1) year probationary period. Forrester was found guilty of violating Rules 1.3 [Diligence], 1.4 [Communication], and 8.4 (a) and (d) [Misconduct], Louisiana Rules of Professional Conduct.

Anniston attorney Raymond Charles Bryan was suspended from the practice of law for a period of one (1) year in the State of Alabama by the Supreme Court of Alabama, effective May 8, 2018. The Supreme Court entered its order based upon the Disciplinary Board’s Report and Order, wherein Bryan was found guilty of violating Rule 8.4(g), Ala. R. Prof. C. Bryan failed to pay the 941 taxes he withheld from his employee’s pay, failed to notify his former employees of his misconduct, and used those 941 tax funds due to be remitted to the federal government to pay other personal and business expenses.

Albertville attorney Steven Vincent Smith was disbarred from the practice of law in Alabama effective May 7, 2018 by order of the Supreme Court of Alabama. Smith’s disbarment was based upon his guilty plea entered in the United States District Court for the Northern Division of Alabama to one count of Receipt of Child Pornography and the corresponding sentence entered April 11, 2018 ordering Smith to serve two hundred ten (210) months in the custody of the United States Bureau of Prisons.

An attorney was issued a private reprimand for violating Rule 1.15(a), (e) and (f), Ala. R. Prof. C. In June, July, and August of 2016, the attorney was overdrawn on his IOLTA account. These overdrafts occurred as a result of the attorney’s personal banking account not possessing adequate funds to cover regularly scheduled payments, as he had his IOLTA account set up to cover overdrafts from his personal account. The attorney had automatic deductions being taken from his account from several different loan companies. Additionally, the attorney’s trust account records showed a continuous use of the trust account for the deposit of personal funds and the automatic withdrawal of funds from the account for payday loan companies. The attorney also failed to properly maintain trust account records as required by Rule 1.15, Ala. R. Prof. C. No client funds were placed in trust at the time of the violations.