disciplinary actions - law.uh.edu
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712 Texas Bar Journal • October 2016 texasbar.com
DISCIPLINARY ACTIONS
Contact the Office of Chief Disciplinary Counsel at (512) 453-5535,the Board of Disciplinary Appeals at (512) 475-1578 or txboda.org,
or the State Commission on Judicial Conduct at (512) 463-5533.
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STATEWIDE REPRESENTATION
REINSTATEMENTSJulie Flores Marquez [#13012400], 73,
of San Antonio, filed a petition in the 73rdJudicial District Court of Bexar County forreinstatement as a member of the StateBar of Texas. Cause No. 2016-CI-11803.
Joseph Angel Silva Jr. [#18351450],66, of El Paso, filed a petition on August5, 2016, in the 346th Judicial DistrictCourt of El Paso County for reinstate-ment as a member of the State Bar ofTexas. Cause No. 2016-D-CV-3012.
BODAOn July 19, 2016, the Board of Disci-
plinary Appeals signed an agreed judg-ment of suspension against Henderson,Nevada, attorney Byron L. Landau[#00789970], 62, suspending Landaufrom the practice of law in Texas forthree years, beginning July 19, 2016, andending on July 18, 2019. Landau was sus-pended from the practice of law for threeyears by the Supreme Court of Illinois in amatter styled, In re: Byron Lee Landau,Attorney-Respondent, No. 3121895, Su-preme Court No. M.R. 27635; Commis-sion No. 2014PR00174. Landau wasfound to have failed to consult with aclient as to the means by which theobjectives of his representation were tobe pursued, failed to act with reasonablediligence, failed to promptly inform theclient concerning circumstances withrespect to which the client’s informedconsent was required, failed to keep aclient reasonably informed about the sta-tus of a matter, failed to promptly complywith reasonable requests for informationfrom a client, failed to explain a matterto the extent reasonably necessary topermit an informed decision, failed toprepare and maintain complete trustaccount records, failed to protect aclient’s interests, failed to promptlyrefund an unearned fee, failed to super-vise non-lawyer employees, and assistedin the unauthorized practice of law inanother jurisdiction—violations of the
following Illinois Rules of ProfessionalConduct: 1.2(a); 1.3; 1.4(a)(1) through1.4(a)(4); 1.4(b); 1.5(a)(1) through1.5(a)(8); 1.16(d); 5.3(a); and 5.5(a).BODA Cause No. 57697.
On July 25, 2016, the Board of Discipli-nary Appeals signed an agreed judgmentof suspension against Round Rockattorney John William Tinder II[#24003060], 44, suspending Tinder fromthe practice of law in Texas for one yearand one day, beginning on July 25, 2016,and ending on July 26, 2017. Tinder wassuspended from the practice of law for oneyear and one day by the Supreme Court ofColorado in a matter styled, Complainant:The People of the State of Colorado, Respon-dent: John William Tinder, #39915, CaseNo. 15PDJ 082. Respondent violated thefollowing Colorado Rules of ProfessionalConduct: 1.1 failed to provide competentrepresentation to a client; 1.2(a) failed toabide by a client’s decisions concerningthe objectives of representation; 1.3 didnot act with reasonable diligence andpromptness in representing a client;l.4(a)(3) did not keep the client reason-ably informed about the status of the mat-ter; 1.4.(a)(4) did not promptly complywith reasonable requests for information;1.16(d) upon termination of representa-tion, he did not take steps to the extentreasonably practicable to protect a client’sinterests; 3.4(c) he knowingly disobeyedan obligation under the rules of a tribunalexcept for an open refusal based on anassertion that no valid obligation exists;3.4(d) he made a frivolous discoveryrequest or failed to make a reasonably dili-gent effort to comply with a legally properdiscovery request by an opposing party;and, 8.4(c) he engaged in conduct involv-ing dishonesty, fraud, deceit, or misrepre-sentation. BODA Cause No. 57703.
On July 26, 2016, the Board of Discipli-nary Appeals signed an agreed interlocu-tory order of suspension against Austinattorney Patrick Lanier [#11933500],
JUDICIAL ACTIONSTo read the entire public sanctions, go
to scjc.texas.gov.
On July 12, 2016, the State Com-mission on Judicial Conduct issued apublic admonition and order of addi-tional education to David Glickler,judge of County Court at Law No. 2 inSan Marcos, Hays County. Glicklerviolated Canons 2A and 2B of theTexas Code of Judicial Conduct.
On July 18, 2016, the State Commis-sion on Judicial Conduct issued a publicreprimand to James B. Scales III,municipal court judge in Bridge City,Orange County. Scales violated Canons2A, 3B(2), 3B(4), and 6B(2) of theTexas Code of Judicial Conduct.
texasbar.com/tbj Vol. 79, No. 9 • Texas Bar Journal 713
67. On March 25, 2015, Lanier was foundguilty of one count of conspiracy to com-mit wire fraud in violation of 18 U.S.C. §1343 and 1349, 13 counts of wire fraud inviolation of l8 U.S.C. § 1343, one countof harboring and concealing a person fromarrest in violation of 18 U.S.C. § 1071,and one count of assisting a federaloffender in violation of 18 U.S.C. § 3,intentional crimes as defined in the TexasRules of Disciplinary Procedure, in thecase styled, United States of America v.Patrick Lanier, Cause No. 4:10CR00258-004, in the U.S. District Court for theSouthern District of Texas, Houston Divi-sion. Lanier was sentenced to 204 monthsin prison on each of the wire fraud countsand 22 months on the remaining countsto run concurrently and ordered to payrestitution of $37,544,944.16. After hisrelease from prison, he will be on super-vised release for three years. Lanier hasappealed his criminal conviction. Theboard retains jurisdiction to enter a finaljudgment when the criminal appeal isfinal. BODA Cause No. 57700.
On August 1, 2016, the Board of Disci-plinary Appeals signed a default interlocu-tory order of suspension against Houstonattorney Stephen Young Kang[#24007465], 47. Although properly citedand noticed, Kang did not answer orappear. On April 6, 2016, Kang pleadedguilty to wire fraud and tax evasion, inten-tional crimes as defined in the Texas Rulesof Disciplinary Procedure, in the casestyled, United States of America v. StephenYoung Kang, Cause No. 15-478(A)-GW,in the U.S. District Court for the CentralDistrict of California, and by an amendedjudgment and probation/commitmentorder he was sentenced to 63 months inprison. After his release from prison, Kangwill be under supervised release for threeyears. He was also ordered to pay restitu-tion of $8,765,834.24. Kang has appealedhis criminal conviction. The board retainsjurisdiction to enter a final judgmentwhen the criminal appeal is final. BODACause No. 57701.
On August 1, 2016, the Board of Disci-plinary Appeals signed a default judgment
dance with the Texas Rules of Discipli-nary Procedure, Sepcich is disbarred inTexas. BODA Cause No. 57696.
On August 1, 2016, after hearing oralargument, the Board of DisciplinaryAppeals affirmed the evidentiary panelamended modification of the modifieddefault judgment to reduce the term ofactive suspension against Houston attor-ney Jon Phillip Thomas [#24037593],38, signed on August 28, 2015, by the evi-dentiary panel of the District 4-6 Griev-ance Committee in Case No. 201301356.Thomas remains suspended from thepractice of law. BODA Cause No. 56721.
DISBARMENTSOn July 14, 2016, John David Herrick
[#24000478], 46, of San Antonio, was dis-barred. The 57th Judicial District Court ofBexar County found that Herrick commit-ted professional misconduct in violation ofRules 1.01(a)(1) [accepting or continuing
of disbarment against Round Rock attor-ney Martin Cantu Jr. [#03767440], 59.Although properly cited and noticed,Cantu did not answer or appear. OnDecember 16, 2015, Cantu was foundguilty of conspiracy to commit securitiesfraud in violation of 18 U.S.C. § 371 [15U.S.C. § 78j(b) and 78ff] and securitiesfraud aiding and abetting in violation of15 U.S.C. § 78j(b) and 78ff [17 C.F.R. §240.10b-5, 18 U.S.C. § 2], intentionalcrimes as defined in the Texas Rules ofDisciplinary Procedure, and was sen-tenced to 35 months in prison andordered to pay restitution in the amountof $423,938.66 in the case styled, UnitedStates of America v. Martin Cantu, CaseNo. 3:13-CR-00347-K(02), in the U.S.District Court for the Northern District ofTexas, Dallas Division. After his releasefrom prison, Cantu will be on supervisedrelease for a term of one year. His convic-tion is final. BODA Cause No. 57698.
On August 1, 2016, the Board of Disci-plinary Appeals signed a default judgmentof disbarment against Church Point,Louisiana, attorney Malcolm Brasseaux[#02911000], 73. Although properly citedand noticed, Brasseaux did not answer orappear. Brasseaux’s request for permanentresignation in lieu of discipline was grantedby the Supreme Court of Louisiana in amatter styled, In re: Malcolm Brasseaux,Case No. 2015-OB-1654. Brasseaux wasfound to have violated the followingLouisiana Rules of Professional Conduct:1.3, 1.4(a), 1.4(b), 1.4(c), 1.8(e), and8.4(a). In accordance with the Texas Rulesof Disciplinary Procedure, Brasseaux is dis-barred in Texas. BODA Cause No. 57702.
On August 1, 2016, the Board of Disci-plinary Appeals signed a default judgmentof disbarment against New Orleansattorney Michael Stephen Sepcich[#24056843], 46. Although properly citedand noticed, Sepcich did not answer orappear. Sepcich was disbarred, retroactiveto July 9, 2010, by the Supreme Court ofLouisiana in a matter styled, In re: MichaelS. Sepcich, Case No. 2015-B-0709. Sep-cich admitted violating Louisiana Rule ofProfessional Conduct 8.4(c). In accor-
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714 Texas Bar Journal • October 2016 texasbar.com
nish a written response to the Office ofChief Disciplinary Counsel.
Lorenzana violated Rules 1.01(b)(1),1.03(a), 1.06(b)(2), 1.14(a), 1.14(b),1.05(b)(1)(ii), 1.15(d), 5.04(a), 5.04(b),5.04(d)(1), 5.04(d)(2), 8.04(a)(1), and8.04(a)(8).
On August 31, 2016, the SupremeCourt of Texas accepted the resignation inlieu of discipline of Christopher J. Tome[#20117000], 65, of Cedar Park. At thetime of Tome’s resignation, a disciplinarymatter was pending against him. Tome washired to handle the purchase of property onbehalf of the complainant. Tome was given$72,000 to place in escrow, $12,000 ofwhich was to go to the seller and the bal-ance was to be used to pay off the existingmortgage and to cover Tome’s legal fees.Tome did not pay off the existing mortgage.Later, foreclosure proceedings were initi-ated against the seller, wherein the bankeffectively sought to evict the complainantfrom his home. The complainant notifiedTome of the legal action against the seller.Tome filed an application for temporaryrestraining order and was granted the sameby the court. Thereafter, despite beingnoticed for various hearings in the foreclo-sure case, Tome performed no further legalwork and failed to respond to the com-plainant’s repeated attempts to communi-cate with him about the status of the case.The home was foreclosed upon and thecomplainant had to move out of the home.Tome further failed to furnish a writtenresponse to the complaint as directed.
Tome violated Rules 1.01(b)(1),1.03(a), 1.14(b), 1.14(c), and 8.04(a)(8).
SUSPENSIONS On August 1, 2016, Daniel Lucius
Brown [#03108300], 62, of San Antonio,accepted a six-month fully probatedsuspension effective August 1, 2016. TheDistrict 10 Grievance Committee foundthat Brown failed to keep his client rea-sonably informed and failed to promptlydeliver funds and render a completeaccounting of funds when requested.
Brown violated Rules 1.03(a), 1.03(b),and 1.14(b). He was ordered to pay$14,312.50 in restitution and $2,400
lieu of discipline of Elias V. Lorenzana Jr.[#00794191], 49, of Round Rock. At thetime of Lorenzana’s resignation, 10 disci-plinary cases were pending against him.
Lorenzana neglected his clients’ legalmatters, failed to keep clients reasonablyinformed about the status of a matter, andfailed to promptly comply with reasonablerequests for information. He failed to prop-erly maintain funds in his trust account andrepresented a client when the representa-tion reasonably appeared to be limited byhis own interests. Lorenzana failed toreturn unearned fees and disclosed confi-dential information to a prohibited person.He shared legal fees with a non-lawyer andformed a partnership with a non-lawyerwhen the activities of the partnership con-sisted of the practice of law. He furtherpracticed in the form of a professional asso-ciation authorized to practice law when anon-lawyer owned an interest therein andwas a corporate director or officer thereof.Lorenzana repeatedly failed to timely fur-
employment in a legal matter which thelawyer knew or should have known wasbeyond the lawyer’s competence],1.01(b)(2) [failing to carry out completelythe obligations owed to a client], 1.03(a)[failing to keep a client reasonablyinformed about the status of a matter andpromptly comply with reasonable requestsfor information], 1.03(b) [failing to explaina matter to the extent reasonably necessaryto permit the client to make informed deci-sions], 1.15(d) [failing, upon termination ofrepresentation, to reasonably protect aclient’s interests, give notice to the client toseek other counsel, or surrender papers andproperty that belong to the client], and8.04(a)(7) [violating any disciplinary ordisability order or judgment].
Herrick was ordered to pay $5,495.01in attorneys’ fees and direct expenses.
RESIGNATIONSOn August 31, 2016, the Supreme
Court of Texas accepted the resignation in
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texasbar.com/tbj Vol. 79, No. 9 • Texas Bar Journal 715
[#10951000], 71, of Duncanville, re-ceived a three-year active suspensionbeginning March 1, 2018, and endingFebruary 28, 2021. An evidentiary panelof the District 6 Grievance Committeefound that Jones failed to keep fees ina separate trust account. On February13, 2014, Jones was actively suspendedfrom the practice of law for one yearbeginning February 11, 2014, and end-ing February 10, 2015. After acceptingand agreeing to the judgment of a partiallyprobated suspension, Jones appearedin the U.S. District Court for theNorthern District of Texas on behalfof a client while he was actively sus-pended. He further accepted attorneys’fees for representation on a separatematter in Dallas County while under thesame suspension. Jones violated a dis-ciplinary judgment by engaging in thepractice of law while actively suspended.
Jones violated Rules 1.14(a),8.04(a)(7), and 8.04(a)(11). He was
ordered to pay $1,500 in restitutionand $1,450 in attorneys’ fees and directexpenses.
On August 30, 2016, Bruce A. Lipshy[#12413000], 74, of Austin received anagreed judgment of probated suspensionbeginning April 1, 2017, and endingMarch 31, 2018. The 345th JudicialDistrict Court of Travis County foundthat Lipshy violated Rule 1.14(c) [dis-bursing funds to persons not entitledto receive them].
Lipshy was ordered to pay $3,358.31in attorneys’ fees and expenses.
On June 22, 2016, Frederick L.McGuire [#24001190], 67, of Houston,accepted a 15-month fully probatedsuspension effective March 1, 2017.The 164th Judicial District Court ofHarris County found that McGuireviolated Rule 1.04(f) [arranged for adivision of fees between lawyers not
in attorneys’ fees and direct expenses.
On June 13, 2016, Frank A. DenenaII [#00785815], 57, of Franklin, received atwo-year partially probated suspensioneffective June 9, 2016, with the first sixmonths actively suspended and theremainder probated. An evidentiary panelof the District 6 Grievance Committeefound that Denena neglected the com-plainant’s family law matter. In addition,Denena failed to keep the complainantreasonably informed about the status ofher legal matter and respond to her rea-sonable requests for information. Upontermination of the representation,Denena failed to refund any advance pay-ments of fees that had not been earned.
Denena violated Rules 1.01(b)(1),1.03(a), and 1.15(d). He was orderedto pay $2,750 in restitution and $2,713in attorneys’ fees and direct expenses.
On July 29, 2016, William EricHulett [#00796797], 51, of Dallas,agreed to a 24-month partially probatedsuspension effective August 1, 2016,with the first 10 months activelyserved and the remainder probated.An evidentiary panel of the District 6Grievance Committee found that inrepresenting the complainant in hisdivorce proceeding, Hulett neglectedthe legal matter entrusted to him.Furthermore, Hulett failed to keepthe complainant reasonably informedabout the status of his legal matterand failed to promptly comply withreasonable requests for information.Upon termination of representation,Hulett failed to refund advanced pay-ments of fees that had not beenearned. Hulett further failed to timelyfurnish his response to the grievancefiled with the Office of Chief Discipli-nary Counsel, and he did not in goodfaith assert a privilege or other legalground for his failure to do so.
Hulett violated Rules 1.01(b)(1),1.03(a), 1.15(d), and 8.04(a)(8). He wasordered to pay $5,000 in restitution and$225 in attorneys’ fees and direct expenses.
On July 1, 2016, Robert M. Jones
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716 Texas Bar Journal • October 2016 texasbar.com
in the same firm without obtainingthe client’s written consent] and Rule1.04(g) [sought fees beyond the valueof the services provided when a refer-ral was not made in compliance with1.04(f)].
McGuire was ordered to pay $1,930in attorneys’ fees and direct expenses.
On August 18, 2016, Refugio RafaelPerez [#24051893], 38, of CorpusChristi, accepted an 18-month fullyprobated suspension effective Septem-ber 1, 2016. The District 11 GrievanceCommittee found that Perez failed tokeep the client reasonably informedand failed to respond to the grievance.
Perez violated Rules 1.03(a) and8.04(a)(8). He was ordered to pay $6,000in restitution and $1,500 in attorneys’fees and expenses.
On August 2, 2016, Daniel ArmandoSandoval [#24075521], 35, of San
Antonio, agreed to a 27-month par-tially probated suspension effectiveAugust 20, 2016, with the first 30 daysactively served and the remainderprobated. The District 10 GrievanceCommittee found that Sandoval neg-lected client matters, failed to keepclients reasonably informed, failed torefund unearned fees, and failed torespond to grievances in a timelymanner.
Sandoval violated Rules 1.01(b)(1),1.01(b)(2), 1.03(a), 1.15(d), and8.04(a)(8). He was ordered to pay $800in attorneys’ fees and direct expenses.
On August 17, 2016, Samuel AdjeiSarfo [#24071896], 53, of Austin,received a one-year partially probatedsuspension effective October 1, 2016,with the first 15 days actively servedand the remainder probated. The98th Judicial District Court of TravisCounty found that Sarfo violated Rules1.01(a) [a lawyer shall not accept orcontinue employment in a legal matterwhich the lawyer knows or shouldknow is beyond the lawyer’s compe-tence] and Rule 1.01(b)(1) [in repre-senting a client, a lawyer shall notfrequently fail to carry out completelythe obligations that the lawyer owesto a client or clients].
Sarfo was ordered to pay $15,000 inattorneys’ fees and expenses. Sarfo hasfiled a notice of appeal.
PUBLIC REPRIMANDS On August 11, 2016, Chad Aubrey
Norcross [#24039513], 49, of McKin-ney, received an agreed judgment ofpublic reprimand. An evidentiarypanel of the District 1 GrievanceCommittee found that Norcross washired to represent the complainant ina civil matter. Norcross failed to keepthe complainant reasonably informedabout the status of his civil matter andfailed to comply with reasonablerequests for information.
Norcross violated Rule 1.03(a). Hewas ordered to pay $750 in restitutionand $3,100 in attorneys’ fees anddirect expenses. TBJ
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