disciplinary actions732 texas bar journal† september 2014 texasbar.com disbarments on april 9,...

732 Texas Bar Journal • September 2014 texasbar.com

DISBARMENTS On April 9, 2014, Don D. Becker

[#02012888], 60, of Houston, was dis-barred. An evidentiary panel of theDistrict 4 Grievance Committeefound that in two separate mattersBecker neglected the legal mattersentrusted to him, failed to keep hisclients reasonably informed about thestatus of their legal matters, failed topromptly comply with reasonablerequests for information, and upon ter-mination of representation, failed torefund advance payments of fee thathad not been earned. Becker alsofailed to timely furnish to the Office ofChief Disciplinary Counsel responses

or other information as required by therules and failed to comply with section13.01 of the rules relating to the noti-fication of his cessation of practice.

Becker violated Rules 1.01(b)(1),1.03(a), 1.15(d), 8.04(a)(8), and8.04(a)(10). He was ordered to pay$6,500.00 in restitution and $1,640.00in attorneys’ fees and direct expenses.

Becker did not file an appeal.

SUSPENSIONSOn April 29, 2014, David Edward

Biagas [#02285500], 58, of El Paso,accepted a one-year fully probated sus-pension effective May 1, 2014. The Dis-trict 17 Grievance Committee foundthat Biagas shared fees that were not inproportion to the services performed,failed to obtain his client’s consent toshare fees with another attorney, andknowingly assisted a judge in the viola-tion of the Code of Judicial Conduct.

Biagas violated Rules 1.04(a),1.04(f), and 8.04(a)(6) and was orderedto pay $600 in attorneys’ fees and directexpenses.

On March 6, 2014, Bruce A.Rokohl [#17208800], 58, of OrangeGrove, received a three-year partiallyprobated suspension, with the firstyear actively served and the remain-der probated. The District 11 Griev-ance Committee found that Rokohlneglected a client matter, failed tokeep a client reasonably informed,and failed to return unearned fees.

Rokohl violated Rules 1.01(b)(1),1.03(a), and 1.15(d) and was ordered topay $2,500 in restitution and $2,685in attorneys’ fees and direct expenses.

On May 8, 2014, Alex J. Scharff[#17727350], 48, of San Antonio,received a six-month probated sus-

RESIGNATIONS On June 2, 2014, the Supreme Court

of Texas accepted the resignation,in lieu of discipline, of Charles D.Jones [#10866500], 61, of Woodway.At the time of Jones’s resignation, adisciplinary matter was pending inwhich Jones was hired to represent acomplainant and his family in rela-tion to estate planning and otherlegal matters. Thereafter, Jones mis-appropriated complainant’s moneyby transferring funds to his ownaccounts and to accounts of entitieshe controlled.

Jones violated Rules 8.04(a)(1),8.04(a)(2), and 8.04(a)(3).

eneral questions regarding attorney discipline should be directed to the Office of Chief Disciplinary Counsel, toll-free at (877) 953-5535 or (512) 453-5535. The Board of Disciplinary Appeals may be reached at (512) 475-1578. Information and copies of orders areavailable at txboda.org. The State Com mission on Judicial Conduct may be contacted toll-free at (877) 228-5750 or (512) 463-5533.

Please note that per sons disciplined by the commission are not necessarily licensed attorneys.G

DISCIPLINARY ACTIONS

OOur trial team has the

experience and unparalleled success to get

the right results.

Jennifer A. Hasley Board Certified, Civil Trial law

Texas Board of Legal Specialization 20 Years Trial Experience

including as Assistant Disciplinary Counsel

State Bar of Texas

Gregory M. Hasley 20 Years Trial Experience Former Vice-Chair of the

Texas Disciplinary Rules of Professional Conduct Committee

Victor R. Scarano Board Certified, Forensic Psychiatry

24 Years Trial Experience including as a member of the

Disability Issues Committee and Texas Lawyers Assistance Program

statewide practice ethics, grievance defense, disciplinary appeals, and

legal malpractice

5252 Westchester, Suite 125 Houston, Texas 77005

713.667.6900 / 713.667.6904 fax

[email protected] www.hasleyscarano.com

Hasley Scarano, L.L.P.attorneys & counselors

ATTORNEY GRIEVANCES

DON’T REPRESENT YOURSELF!

How often do you advise clients to representthemselves when accused of wrongdoing?

Why give yourself different advice?

CONSULTATION OR REPRESENTATION

STEVEN L. LEEOVER 30 YEARS EXPERIENCE

11 years experience with the State Bar of Texas as Assistant and Deputy General

Counsel as well as Acting General Counsel

LAW OFFICE OFSTEVEN L. LEE, P.C.1411 WEST AVENUE, SUITE 100

AUSTIN, TEXAS 78701

(512) 215-2355

Representing Lawyers & Law Students Since 1991

STATEWIDE REPRESENTATION

texasbar.com/tbj Vol. 77, No. 8 • Texas Bar Journal 733

pension effective May 1, 2014. TheDistrict 10 Grievance Committeefound that Scharff shared legal feeswith a non-lawyer private investigator.

Scharff violated Rule 5.04(a) andwas ordered to pay $5,000 in restitu-tion and $1,000 in attorneys’ feesand direct expenses.

On May 9, 2014, Joseph CampbellSchultz [#24041886], 37, of Bellaire,accepted a two-year partially probatedsuspension effective June 1, 2014,with the first six months actively sus-pended and the remainder probated.An evidentiary panel of the District 4Grievance Committee found that,among four different matters, Schultzneglected a legal matter entrusted tohim, failed to keep clients reasonablyinformed about the status of theirlegal matters, failed to promptlycomply with reasonable requests forinformation, failed to keep fundsbelonging to third parties in a trustaccount, and failed to promptlydeliver to third parties funds thatthey were entitled to receive.

Schultz violated Rules 1.01(b)(1),1.03(a), 1.14(a), and 1.14(b). He wasordered to pay $2,475 in attorneys’fees and $536.66 in direct expenses.

On May 15, 2014, Nuru L. Wither-spoon [#24039244], 36, of Dallas,received a one-year fully probated sus-pension effective June 1, 2014. An evi-dentiary panel of the District 6Grievance Committee found that uponthe termination of his representation ofcomplainants, Witherspoon failed tosurrender to them the papers and prop-erty to which they were entitled. Thepanel also found that while representingthe complainants, Witherspoon failedto make reasonable efforts to ensure thatthe conduct of his employees was com-patible with his professional obligations.

Witherspoon violated Rules 1.15(d)and 5.03(a). He was ordered to pay$2,500 in attorneys’ fees and directexpenses.

Barry violated Rules 1.01(b)(1),1.03(a), 1.03(b), 1.15(d), and 8.04(a)(7).He was ordered to pay $3,150 inrestitution, $250 in attorneys’ fees,and $70 in direct expenses.

On June 13, 2014, Omar OrlandoCollin [#24048185], 43, of Kingsville,received a five-year partially probatedsuspension effective June 3, 2014,with the first two years actively servedand the remainder probated. An evi-dentiary panel of the District 11-2Grievance Committee found thatCollin neglected a client’s represen-tation, failed to promptly respond toa client’s reasonable requests forinformation, failed to return a clientfile, and failed to refund the unearnedportion of a fee.

Collin violated Rules 1.01(b)(1),1.03(a), and 1.15(d) and was orderedto pay $1,000 in restitution and

On June 6, 2014, Jeffrey ScottBarry [#24036193], 40, of Houston,accepted a two-year partially pro-bated suspension effective June 13,2014, with the first year actively sus-pended and the remainder probated.An evidentiary panel of the District 4Grievance Committee found that inrepresenting his client, Barry neg-lected the legal matter entrusted tohim, failed to keep his client reason-ably informed about the status of thecase and failed to promptly complywith reasonable requests for informa-tion, and failed to explain the legalmatter to the extent reasonably nec-essary to permit his client to makeinformed decisions regarding the rep-resentation. Upon termination ofrepresentation, Barry failed to refundadvance payments of fee that hadnot been earned and also violated aprior disciplinary judgment.


Two Riverway, Suite 1080Houston, Texas 77056

Will you RREPRESENT YOURSELF? Socrates did and how did that

turn out for him?

BRUCE A. CAMPBELL OVER 25 YEARS EXPERIENCE IN

DISCIPLINARY MATTERS AND

LEGAL MALPRACTICE DEFENSE

STATEWIDE PRACTICE

CAMPBELL & CHADWICK, PC 4201 SPRING VALLEY RD.

SUITE 1250 DALLAS, TX 75244

972-277-8585 (O) 972-277-8586 (F)

[email protected] CAMPBELLCHADWICK.COM

GRIEVANCE & LEGAL

MALPRACTICE

DEFENSE


any further legal services. Wakefieldrelocated to Utah without giving com-plainant notice. Complainant at-tempted to contact Wakefield bytelephone and email with no response.Wakefield failed to return papersbelonging to his client and failed torefund any unearned fees. Wakefieldfurther failed to furnish writtenresponses to the complaints as directed.

Wakefield violated Rules 1.01(b)(1),1.03(a), 1.14(a), 1.15(d), 8.04(a)(1),8.04(a)(3), and 8.04(a)(8). He wasordered to pay $8,000 in restitutionand $4,980.97 in attorneys’ fees anddirect expenses.

On June 4, 2014, Timothy WayneWeltin [#24008260], 48, of Houston,agreed to an 18-month fully probatedsuspension effective June 1, 2014.An evidentiary panel of the District 4Grievance Committee found that inrepresenting his client, Weltin neg-lected the legal matter entrusted tohim, failed to keep his client reason-ably informed about the status of hislegal matter and failed to complywith reasonable requests for informa-tion, failed to hold funds belongingto his client that were in Weltin’spossession separate from his ownproperty, and failed to promptlydeliver to his client funds that theclient was entitled to receive.

Weltin violated Rules 1.01(b)(1),1.03(a), 1.14(a), and 1.14(b). He wasordered to pay $500 in attorneys’ fees.

PUBLIC REPRIMANDSOn May 16, 2014, Mark Houston

Barber [#01708050], 51, of WichitaFalls, accepted a public reprimand.The 30th District Court of WichitaCounty found that Barber committedprofessional misconduct by violatingRules 3.01 [a lawyer shall not bringor defend a proceeding, or assert orcontrovert an issue therein, unlessthe lawyer reasonably believes thatthere is a basis for doing so that is notfrivolous] and 4.04(a) [in represent-

trict 9 Grievance Committee foundthat Wakefield committed misconductin two cases. In the first matter, Wake-field was hired and paid $10,470 torepresent complainant to file residencyapplications for complainant’s family.Although Wakefield claimed to havefiled the applications, he would notprovide the application numbers andcomplainant later discovered thatWakefield never filed the applications.Complainant requested a refund ofunearned fees, and Wakefield providedtwo checks to complainant. Neither ofthe checks was drafted from Wake-field’s trust account and one for $6,000was dishonored.

In a second matter, Wakefield washired to represent complainant’s wifein an immigration matter. Wakefieldwas paid $2,000 toward the total fee of$4,490. Thereafter, Wakefield did notfile a residency application or provide

$1,857.50 in attorneys’ fees anddirect expenses.

On June 23, 2014, Brian AnthonyHamner [#24041050], 38, of SanAntonio, accepted a two-year fullyprobated suspension effective March17, 2015. An evidentiary panel ofthe District 10 Grievance Commit-tee found that Hamner neglected aclient matter and failed to communi-cate with a client.

Hamner violated Rules 1.01(b)(1)and 1.03(a) and was ordered to pay$2,500 in restitution.

On March 10, 2014, Wells TedWakefield [#24058164], 38, of Syra-cuse, Utah, received a six-year partiallyprobated suspension effective March 7,2014, with the first three years activelysuspended and the remainder pro-bated. An evidentiary panel of the Dis-

NEDBARNETT

CRIMINALDEFENSEDefending TexansSince 1994

Former Assistant United States AttorneyFormer Assistant District AttorneyFounding Member of the National College of DUI Defense of Counsel Williams Kherkher Hart Boundas, LLP

Law Offices of Ned Barnett8441 Gulf Freeway, Suite 600Houston, Texas 77017

713-222-6767www.nedbarnettlaw.com

Board Certified in Criminal Law by theTexas Board of Legal Specialization


texasbar.com/tbj Vol. 77, No. 8 • Texas Bar Journal 735

District 10 Grievance Committeefound that Madrigal failed to returnunearned fees.

Madrigal violated Rule 1.15(d) andagreed to pay $3,500 in restitutionand $800 in attorneys’ fees and directexpenses.

On May 9, 2014, Steven DanielMonte [#24007695], 44, of Dallas,received an agreed judgment of pub-lic reprimand. An evidentiary panelof the District 6 Grievance Commit-tee found that in representing com-plainant, Monte neglected the legalmatter entrusted to him by failing toenter an appearance or contact thecourt regarding the legal matter.Monte engaged in the practice of lawwhen his right to practice had beenadministratively suspended for failureto pay his guaranteed student loan.Monte failed to timely furnish to

the Office of Chief DisciplinaryCounsel a response or other informa-tion as required by the Texas Rules ofDisciplinary Procedure and did notin good faith timely assert a privi-lege or other legal ground for failureto do so.

Monte violated Rules 1.01(b)(1),8.04(a)(8), and 8.04(a)(11). He wasordered to pay $899.27 in attorneys’fees and direct expenses.

On May 23, 2014, John L. Plant[#24027619], 42, of Anna, agreed toa judgment of public reprimand. TheDistrict 1 Grievance Committee foundthat Plant failed to promptly complywith reasonable requests for informa-tion from complainant about his namechange and amendment to his birthcertificate. Plant failed to timely fur-nish to the Office of Chief DisciplinaryCounsel a response or other informa-

ing a client, a lawyer shall not usemeans that have no substantial pur-pose other than to embarrass, delay,or burden a third person, or usemethods of obtaining evidence thatviolate the legal rights of such a person].

Barber was ordered to pay $1,472.57in attorneys’ fees and direct expenses.

On April 21, 2014, Lenda BushBurnett [#03496270], 62, of Terrell,accepted a public reprimand. TheDistrict 1 Grievance Committeefound that upon termination in com-plainant’s divorce matter, Burnettfailed to promptly return the unearnedfee to complainant. Burnett failed totimely furnish to the Office of ChiefDisciplinary Counsel a response orother information as required by theTexas Rules of Disciplinary Proce-dure and did not in good faith timelyassert a privilege or other legalground for failure to do so.

Burnett violated Rules 1.15(d)and 8.04(a)(8). She was ordered topay $1,456.33 in attorneys’ fees.

On May 5, 2014, Kaycee LynnJones [#24034511], 39, of Livingston,accepted an agreed judgment of pub-lic reprimand. An evidentiary panelof the District 3-2 Grievance Commit-tee found that Jones, then an assistantcriminal district attorney, engaged inex parte communications with ajudge during a jury trial wherein thejudge was presiding on the bench andJones was an observer. One of thetext messages from the judge suggesteda line of questioning for the prosecu-tor, and Jones then handwrote a mes-sage that contained the judge’s textverbatim and had it delivered to theprosecutor during the trial.

Jones violated Rules 3.05(b) and8.04(a)(6). She was ordered to pay $650in attorneys’ fees and direct expenses.

On May 28, 2014, Pascual Madrigal[#12802150], 59, of San Antonio,accepted a public reprimand. The


TRADEMARKCopyright & Patent Searches

for attorneys worldwide”

FEDERAL SERVICES & RESEARCH: Attorney directed projects at all Federalagencies in Washington, DC, including: USDA, TTB, EPA, Customs, FDA, INS, FCC, ICC, SEC, USPTO, and many others.

Freedom of Information Act requests, copyright deposits, document legalization @ State Dept. & Embassies, complete trademark, copyright, patent and TTAB

COMPREHENSIVE: U.S. Federal, State, Common Law and Design searches, INTERNATIONAL SEARCHINGEXPERTS: Our professionals averageover 25 years experience eachFAST: Normal 2-day turnaround with 24-hour and 4-hour service available

GOVERNMENT LIAISON SERVICES, INC.200 N. Glebe Rd., Suite 321

Arlington, VA 22203 Ph: 703-524-8200, Fax: 703-525-8451

Minutes from USPTO & Washington, DC

TOLL FREE:1-800-642-6564www.GovernmentLiaison.com

[email protected]


related matter (1).1.14(b)—for failing, upon receiving

funds or other property in which aclient or third person has an interest,to promptly notify the client or thirdperson and render a full accountingupon request (1).

1.15(d)—for failing, upon termi-nation of representation, to reason-ably protect a client’s interests, givenotice to the client to seek othercounsel, or surrender papers andproperty that belong to the client (1).

5.01(b)—the lawyer is a partner inthe law firm in which the otherlawyer practices, is the general coun-sel of a government agency’s legaldepartment in which the otherlawyer is employed, or has directsupervisory authority over the otherlawyer, and with knowledge of theother lawyer’s violation of these rulesknowingly fails to take reasonableremedial action to avoid or mitigatethe consequences of the otherlawyer’s violation (1).

8.04(a)(1)—for violating theserules, knowingly assisting or induc-ing another to do so, or doing sothrough the acts of another, whetheror not such violation occurred in the course of a client-lawyer relationship (1).

8.04(a)(8)—for failing to timelyfurnish a district grievance commit-tee with a response or other informa-tion as required unless he or shetimely asserts a privilege or otherlegal ground for failure to do so (1).

8.04(a)(11)—for engaging in thepractice of law when the lawyer is oninactive status or when the lawyer’sright to practice has been suspendedor terminated, including but notlimited to situations where a lawyer’sright to practice has been adminis-tratively suspended for failure totimely pay required fees or assess-ments or for failure to comply withArticle XII of the State Bar Rulesrelating to mandatory continuinglegal education (1). TBJ

tion as required by the Texas Rulesof Disciplinary Procedure and didnot in good faith timely assert a priv-ilege or other legal ground for failureto do so.

Plant violated Rules 1.03(a) and8.04(a)(8). He was ordered to pay$1,500 in attorneys’ fees and $750 inrestitution.

On June 25, 2014, Stephan Dong-whee Hwang [#24036817], 44, ofAddison, agreed to a judgment of pub-lic reprimand. An evidentiary panelof the District 6 Grievance Commit-tee found that Hwang failed to holdescrow funds belonging to com-plainant that were in Hwang’s pos-session separate from Hwang’s ownproperty. Hwang failed to promptlydeliver to complainant funds thatcomplainant was entitled to receivein connection with his real estatematter.

Hwang violated Rules 1.14(a) and1.14(b). He was ordered to pay $1,000in attorneys’ fees.

PRIVATE REPRIMANDSListed below is a breakdown of

Texas Disciplinary Rules of Profes-sional Conduct violations for nineattorneys, with the number in paren-theses indicating the frequency ofviolation. Please note that an attor-ney may be reprimanded for morethan one rule violation.

1.01(b)(1)—for neglecting a legalmatter entrusted to the lawyer (4).

1.03(a)—for failing to keep aclient reasonably informed about thestatus of a matter and promptly com-ply with reasonable requests forinformation (6).

1.03(b)—for failing to explain amatter to the extent reasonably nec-essary to permit the client to make informed decisions regarding representation (2).

1.09(a)—for representing a personin a matter adverse to a former clientif it is the same or a substantially

AFFIRMED

Judgment upheld. TLIE was voted best in Texas.

[email protected]

Insurs’ erwyLaxas eTTe

vbeen has e changEx

upheudgmenttJetwas voE ILT

exasTTeniestb

e anc

ed ot

upheld.d

exas.

vbeen has e changEx

liability essional ofprt bes

Tin y anompce ancinsur

Ty bw ora in s earyour f

TLIE azine. mager wyLa

vider orPed errefrPa also

xas eTof Bar e Statthe

,2,800$3eturned rhas

ed ot

liability

xas eTTe

xas eTTe

is TLIE

of vider

and

000

With s. policyholders ito t

as olades cacthese of

business the in being as

TLIE t doesn’s, eary35 er vo

ound arall T SBEthe e mak

ou?or ye fchoic

all With

ell w

or fbusiness

TLIE

ound

[email protected]

.TLIE.ORGWWWW.

disciplinary actions732 texas bar journal† september 2014 texasbar.com disbarments on april 9,...

Documents