LIT COMMENTARY
Disciplinary Actions — May 2020 State Bar list
General questions regarding attorney discipline should be directed to the Chief Disciplinary Counsel’s Office, toll-free (877) 953-5535 or (512) 453-5535.
The Board of Disciplinary Appeals may be reached at (512) 475-1578. Information and copies of actual orders are available at www.txboda.org. The State Commission on Judicial Conduct may be contacted toll-free, (877) 228-5750 or (512) 463-5533.
Please note that persons disciplined by the Commission on Judicial Conduct are not necessarily licensed attorneys.
Houston area
SUSPENSIONS
On March 13, 2020, ROCHELLE DIANNE DAVIS [#24099669], 30, of Houston, received a one-year fully probated suspension effective May 1, 2020, through April 30, 2021.
An investigatory panel of the District 4 Grievance Committee found that Davis neglected a legal matter entrusted to her, failed to keep her client reasonably informed about the status of the client’s legal matter, and failed to promptly comply with her reasonable requests for information about the case.
Davis also failed to withdraw from representing her client when Davis’ physical or mental condition materially impaired her fitness to represent her client, and upon termination of representation, Davis failed to refund advance payments of fees that had not been earned.
Davis violated Rules 1.01(b)(1), 1.03(a), 1.15(a)(2), and 1.15(d).
She was ordered to pay $3,000 in restitution.
On March 13, 2020, Rochelle Dianne Davis [#24099669], 30, of Houston, received a one-year fully probated suspension effective May 1, 2020, through April 30, 2021. An investigatory panel of the District 4 Grievance Committee found that Davis neglected a legal matter entrusted to her, failed to keep her client reasonably informed about the status of the client’s legal matter, and failed to promptly comply with his reasonable requests for information about the case.
Davis also failed to withdraw from representing her client when Davis’ physical or mental condition materially impaired her fitness to represent her client, and upon termination of representation, Davis failed to refund advance payments of fees that had not been earned. Davis violated Rules 1.01(b)(1), 1.03(a), 1.15(a)(2), and 1.15(d).
She was ordered to pay $3,500 in restitution.
On March 13, 2020, Rochelle Dianne Davis [#24099669], 30, of Houston, received a one-year fully probated suspension effective May 1, 2020, through April 30, 2021.
An investigatory panel of the District 4 Grievance Committee found that Davis neglected a legal matter entrusted to her, failed to keep her client reasonably informed about the status of the client’s legal matter, and failed to promptly comply with her reasonable requests for information about the case.
Davis also failed to withdraw from representing her client when Davis’ physical or mental condition materially impaired her fitness to represent her client, and upon termination of representation, Davis failed to refund advance payments of fees that had not been earned.
Davis violated Rules 1.01(b)(1), 1.03(a), 1.15(a)(2), and 1.15(d).
She was ordered to pay $3,000 in restitution.
No Surprise Here, It's Texas Bar's Jeff Vaden
On March 12, 2020, Paul Steven Jacobs [#10520600], 60, of Houston, accepted a 25-month partially probated suspension effective March 20, 2020, with the first six months actively suspended and the remainder probated.
An evidentiary panel of the District 4 Grievance Committee found that Jacobs twice failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required by the Texas Rules of Disciplinary Procedure. Jacobs violated Rule 8.04(a)(8).
He was ordered to pay $2,500 in attorneys’ fees and direct expenses.
Paul Jacobs Rackin' Up the Sanctions
The Anti-Consumer Financial Protection Bureau, who swop key snr exec staff with opposing counsel in the middle of litigation, are sitting on $570 million of funds intended for those citizens, illegally foreclosed homeowners and victims of payday loans. https://t.co/XueygAr6L1 pic.twitter.com/TP1QrK06Ul
— LawsInTexas (@lawsintexasusa) January 27, 2021
On December 17, 2019, Andrew Christopher Smith [#24063859], 42, of Houston, received a three-year fully probated suspension effective January 1, 2020, and ending on January 1, 2023.
An evidentiary panel of the District 4 Grievance Committee found that Smith failed to keep his client reasonably informed about the status of the matter and failed to promptly comply with reasonable requests for information from his client.
Smith also failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required by the Texas Rules of Disciplinary Procedure and engaged in the practice of law when he was on inactive status or when his right to practice had been suspended or terminated.
Smith violated Rules 1.03(a), 8.04(a)(8), and 8.04(a)(11).
Rest of the state
REINSTATEMENT
Joe Valle [#20435450], 62, of Harlingen, filed a petition in the 107th Judicial District Court of Cameron County, Cause No. 2020-DCL-01586 for reinstatement as a member of the State Bar of Texas.
JUDICIAL ACTIONS
To read the entire public sanctions, go to scjc.texas.gov.
On March 18, 2020, the State Commission on Judicial Conduct issued a public admonition and order of additional education to Rosie Speedlin Gonzalez, judge of County Court at Law No. 13, San Antonio, Bexar County.
On March 19, 2020, the Special Court of Review issued its opinion on a matter appealed from the State Commission on Judicial Conduct proceedings; Special Court of Review Opinion, Docket No. 19-0005, In Re Inquiry Concerning the Honorable Gena Slaughter.
DISBARMENT
Arturo Guzman has appeared on LIT’s January 2020 List of Texas Legal Rats.
On February 26, 2020, Arturo A. Guzman [#08654525], 56, of San Marcos, was disbarred – BUT NOW HE’S BEEN REACTIVATED [AS AT 31 JAN 2021]?
The District 15 Grievance Committee found that Guzman failed to keep the client reasonably informed, failed to safeguard the client’s funds, and failed to respond to the grievance in a timely manner.
Guzman violated Rules 1.03(a), 1.14(a), 1.14(b), and 8.04(a)(8).
He was ordered to pay $46,097.12 in restitution and $4,738.36 in attorneys’ fees and direct expenses.
Texas Bar Journal Cites Guzman as Disbarred - Not According to His SBOT Profile
Ponce has appeared on LIT’s SuperBowl February 2020 List of Rogue Texas Lawyers which details the case. He’s also appeared in prior lists.
On February 18, 2020, Joe Jesse Ponce III [#24014329], 61, of San Antonio, was disbarred.
The 285th Civil District Court of Bexar County found that Ponce violated Rules 1.03(a) and 1.03(b) [communication with a client], 1.08(b) [business transaction with a client], 1.15(d) [protect client interest upon withdrawal], and 8.04(a)(3) [conduct involving dishonesty, fraud, deceit, or misrepresentation].
Ponce was order to pay $872.42 in attorneys’ fees and direct expenses.
Robertson has appeared on LIT’s July 2020 List of Rogue Texas Lawyers.
On February 5, 2020, Damon Dean Robertson [#24005285], 45, of Austin, was disbarred by an evidentiary panel of the District 9 Grievance Committee related to two disciplinary matters.
In the first case, the panel found that Robertson was hired to represent a client in a divorce matter. A divorce decree was signed wherein the client was awarded funds from the sale of property as well as from a 401(k). The awarded funds were transferred to Robertson to be held in trust. Robertson failed to deliver the funds to his client, failed to hold the funds separate from his own property, and disbursed funds to persons who were not entitled to receive them.
He further neglected the legal matter, failed to carry out the obligations he owed to his client, committed a criminal act, and engaged in dishonesty, fraud, deceit, or misrepresentation.
In the second case, Robertson was hired to represent a client in two business litigation matters. The panel found that Robertson neglected these matters by failing to respond to discovery and motions and failing to attend hearings.
Robertson further failed to carry out the obligations owed to his client, failed to communicate with his client, and failed to explain the matter to the extent reasonably necessary to permit his client to make informed decisions.
Robertson also failed to file written responses to these two disciplinary matters as directed.
Robertson violated Rules 1.01(b)(1), 1.01(b)(2), 1.03(a), 1.14(a), 1.14(b), 1.14(c), 8.04(a)(2), 8.04(a)(3), and 8.04(a)(8).
He was ordered to pay $55,981.56 in restitution and $4,046.75 in attorneys’ fees and direct expenses.
SUSPENSIONS
On February 26, 2020, Sean Michael Cohen [#24101637], 32, of San Antonio, agreed to a 3 year, partially probated suspension effective March 1, 2020, with the first six months actively served and the remainder probated.
An evidentiary panel of the District 10 Grievance Committee found that Cohen neglected the client’s matters, failed to communicate with clients, and failed to respond to grievances in a timely manner.
Cohen violated Rules 1.01(b)(1), 1.03(a), and 8.04(a)(8).
He agreed to pay $800 in attorneys’ fees and direct expenses.
Post Edited: As LIT Data Confirms, The Woeful Texas Bar Discipline in September 2020 Would Return to Haunt Them https://t.co/XnCFhUeANf
— LawsInTexas (@lawsintexasusa) January 30, 2021
On February 12, 2020, Claude Robert Graham [#24064208], 70, of Chesapeake, Virginia, received a one-year partially probated suspension [six months active and six months probated] from an evidentiary panel of the District 9 Grievance Committee.
The panel found that Graham was suspended from the practice of law in the state of Texas, from November 6, 2014, to October 31, 2017, and failed to inform in writing any of his clients, opposing attorneys, and all courts, in which he had pending cases, of his suspension.
As a result, Graham violated the terms of his prior disciplinary judgment of suspension signed on October 24, 2014.
Graham violated Rule 8.04(a)(7) and was ordered to pay $23,662.50 in attorneys’ fees and direct expenses.
Texas Attorney J. Keith Mayo
On March 4, 2020, James Keith Mayo [#00794251], 51, of Tyler, agreed to a 12-month fully probated suspension effective December 1, 2019, and ending on November 30, 2020.
An investigatory panel of the District 2 Grievance Committee found that Mayo was hired by beneficiaries of an estate for representation in a probate matter pending in Madison County.
The matter settled and the proceeds from the settlement were paid to Mayo for distribution to the beneficiaries.
The settlement checks that Mayo issued to beneficiaries from his IOLTA were returned for insufficient funds.
Mayo failed to appropriately safeguard the settlement funds that belonged to the beneficiaries. Mayo failed to promptly deliver to the beneficiaries the settlement funds they were entitled to receive. Mayo also failed to timely furnish a response to the grievance.
Mayo violated Rules 1.14(a), 1.14(d), and 8.04(a)(8).
He was ordered to pay $2,737.16 in restitution and $1,000 in attorneys’ fees and direct expenses.
Post Edited: Texas Bankruptcy Lawyer Finches $88k in Client Funds and Is Not in Jail nor Disbarred https://t.co/CEck1pIvIJ
— LawsInTexas (@lawsintexasusa) January 29, 2021
On March 9, 2020, Charles Wesley Skinner [#24068425], 41, of Waxahachie, received a four-month fully probated suspension effective February 15, 2020.
An investigatory panel of the District 7 Grievance Committee found that in or about May 2017, the complainant hired Skinner to probate her deceased father’s estate. Skinner failed to hold the estate funds that were in Skinner’s possession in connection with the representation separate from Skinner’s own property and Skinner failed to keep complete records of the estate’s funds and other estate property.
Skinner failed to promptly deliver to the complainant the estate funds and other estate property that the complainant was entitled to receive. Upon request by the complainant, Skinner failed to promptly render a full accounting regarding such funds and property.
Skinner failed to keep the estate funds separate from his own property until there is an accounting and severance of their interest. Upon termination of representation, Skinner failed to surrender the estate funds and property to which the complainant was entitled to receive.
Skinner violated Rules l.14(a), l.14(b), l.14(c), and l.15(d).
He was ordered to pay $1,000 in attorneys’ fees and costs.
On March 4, 2020, Marc Elliot Villarreal, [#00791856], 51, of Corpus Christi, agreed to a five-year partially probated suspension effective May 14, 2020, with the first 12 months actively served and the remainder probated.
The 148th District Court of Nueces County found that Villarreal violated Rules 1.14(a) and 1.14(b) [hold funds related to a representation separate from his own property] and [failed to deliver funds to parties entitled to receive the funds promptly].
Villarreal was ordered to pay $14,000 in attorneys’ fees [ repaid in 7 equal instalments of $2,000] and direct expenses.
PUBLIC REPRIMANDS
On March 2, 2020, Oscar L. Cantu Jr. [#03767448], 56, of San Antonio, accepted a public reprimand.
An evidentiary panel of the District 10 Grievance Committee found that his representation of a client against former clients created conflicts of interest.
Cantu violated Rules 1.06(d), 1.07(a)(1), 1.07(b), 1.07(c), 1.09(a)(2), and 1.09(a)(3).
He agreed to pay $1,250 in attorneys’ fees and direct expenses.
On March 4, 2020, Richard Abram Roman [#00789595], 56, of El Paso, accepted a public reprimand.
An investigatory panel of the District 17 Grievance Committee found that Roman neglected a client’s matter. Roman violated Rules 1.01(b)(1).
He agreed to pay $375 in restitution and $800 in attorneys’ fees and direct expenses.
The Story of Former Nashville Judge Casey Moreland Jailed, Disbarred and Stripped of Pension
Casey Moreland resigned from the General Sessions bench in 2017, after federal authorities arrested him on an array of corruption charges.
Mortgage Fraud, a Disbarred Lawyer, His Wife and a Percolatin’ Criminal Plea Deal Before a Wolf
Barry and Nancy Plunkett plundered over $2M in mortgage loans. Barry was disbarred in 2017, yet the criminal case is moving very slowly.
“The DWI Dude” and Texas Attorney is Sentenced to 188 Months In Jail
Austin criminal defense lawyer was sentenced to federal prison today for an int’l fraud scheme involving his Colombian cocaine clients.
