40 Texas Lawyers & Judges Disciplined on September List
Disciplinary Actions — September 2019 State Bar lists
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
BODA
Disbarred in TN, partially probated suspension in TX, this rogue lawyer Ms. Barry is active on her State Bar of Texas profile (last viewed 17 Feb. 2021). We’ve written more about this decision.
On June 13, 2019, the Board of Disciplinary Appeals signed a judgment of partially probated suspension against Richmond attorney Robin Kathleen Barry [#24031845], 47.
On August 26, 2016, the Chancery Court for Davidson County, Tennessee, entered an order disbarring Barry in a matter styled Board of Professional Responsibility of the Supreme Court of Tennessee, Petitioner v. Robin K. Barry, respondent, No. 15-120-1, BOPR Docket No. 2014-2332-0-WM, for her violation of Tennessee Rules of Professional Conduct Rules 1.4 [communication], 1.15 [safekeeping property and funds], and 8.4(c) [misconduct].
Barry is suspended from the practice of law in Texas for 36 months, with the first 12 months active and the remainder probated. BODA Cause No. 61329.
You can read LIT’s detailed article on Congressman Ron Reynolds here.
Meet Congressman Ron Reynolds, He May Be Disbarred and a Former Convict, but No Such Obstacle as a Texas House Representative.
On July 29, 2019, the Board of Disciplinary Appeals signed a final judgment of disbarment of Missouri City attorney Ronald Eugene Reynolds [#24025610], 45.
On or about November 24, 2015, Reynolds was convicted in The State of Texas v. Ronald Eugene Reynolds, Case Nos. 15-307888, 15-307889, 15-307890, 15-307891, and 15-307892 in the County Court at Law 4 in Montgomery County, of barratry and barratry ill obtain employment, intentional crimes as defined in the Texas Rules of Disciplinary Procedure, and sentenced to 365 days of incarceration and ordered to pay fines and court costs.
Reynolds appealed his criminal convictions, and on May 2, 2016, the Board of Disciplinary Appeals signed an interlocutory order of suspension during the pendency of his appeal. On September 24, 2018, the 8th Court of Appeals in El Paso affirmed the criminal convictions and issued its mandate.
BODA Cause No. 57004.
On July 29, 2019, the Board of Disciplinary Appeals affirmed the judgment of public reprimand against The Woodlands attorney Matthew Louis Pepper [#24066817], 56, signed by an evidentiary panel of the District 3 Grievance Committee on September 4, 2018.
The panel found that Pepper violated Texas Disciplinary Rules of Professional Conduct Rule 1.07(a)(1) [a lawyer shall not act as an intermediary between clients without disclosure and consent] and 1.09(a)(3) [without prior consent, a lawyer shall not represent another person against a former client in the same or substantially related matter].
BODA Cause No. 61009.
Matthew L. Pepper v. Comm’n for Lawyer Discipline
PepperLawyer.com (Site Deleted)
Pepper is active on his State Bar of Texas profile (last viewed 17 Feb. 2021) although he’s more shy now, removing his images and website.
On July 29, 2019, the Board of Disciplinary Appeals affirmed the Judgment of Public Reprimand against The Woodlands, TX attorney Matthew Louis Pepper, 56, State Bar of Texas Card No. 24066817, signed by the Evidentiary Panel 3-1 of the District 3 Grievance Committee of the State Bar of Texas on September 4, 2018.
The panel found that Pepper violated Texas Disciplinary Rules of Professional Conduct 1.07(a)(1) (a lawyer shall not act as an intermediary between clients without disclosure and consent) and 1.09(a)(3) (without prior consent, a lawyer shall not represent another person against a former client in the same or substantially related matter).
Mr. Pepper has appealed the Board’s judgment to the Supreme Court of Texas, no. 19-0668.
RESIGNATIONS
On June 18, 2019, the Supreme Court of Texas accepted the resignation in lieu of discipline of Stuart Lee Whitaker [#00786341], 58, of Palestine. On February 23, 2017, Whitaker was named in a true bill of indictment handed down by a grand jury in the 3rd Judicial District Court, Anderson County.
The indictment alleged Whitaker committed “serious” crimes as defined by the Texas Rules of Disciplinary Procedure Rule 1.06 AA.
Whitaker violated Rules 8.04(a)(2), 8.04(a)(3), and 8.04(a)(9).
SUSPENSIONS
On June 6, 2019, Monica Garza Arriaga [#24069315], 53, of San Antonio agreed to a two-year fully probated suspension effective June 28, 2019.
An evidentiary panel of the District 10 Grievance Committee found that Arriaga neglected a client’s matter, failed to keep a client reasonably informed, and failed to explain a matter to the extent reasonably necessary to permit a client to make informed decisions.
Arriaga violated Rules 1.01(b)(1), 1.03(a), and 1.03(b). She was ordered to pay $1,000 in attorneys’ fees and direct expenses.
Monica’s locked into Law at Locke Law Group and eligible to practice again per her State Bar of Texas profile (last viewed 17 Feb. 2021) – although she’s still on probation.
Kyle Collins can’t stay out of trouble, and we’ve written about this rogue Texas attorney again in recent months, but the Texas Bar is being overly-protective of it’s bar fees and refuses to take the proper action of disbarment against this rogue Texas lawyer with a laundry list of misconduct. He is currently ineligible to practice per his State Bar of Texas profile (last viewed 17 Feb. 2021) – although that’s only temporary…
On June 4, 2019, Kyle B. Collins [#04613400], 65, of Austin, accepted a 60-day fully probated suspension effective August 1, 2019.
An investigatory panel of the District 9 Grievance Committee found that while representing a client in two criminal matters, Collins neglected the legal matters, failed to keep the client reasonably informed about the status of her cases, and failed to respond to reasonable requests for information.
Collins further failed to timely return the unearned fee to his client and made a false statement in his response to the grievance.
Collins violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and 8.01(a). Collins was ordered to pay $450 in attorneys’ fees and direct expenses.
Brian Holk can’t stay out of trouble either and on checking, he is currently ineligible to practice per his State Bar of Texas profile (last viewed 17 Feb. 2021). Do y’all notice the obvious pattern here?
On May 1, 2019, Brian Scott Holk [#24033728], 46, of Fort Worth, received a six-month fully probated suspension effective April 11, 2019.
An evidentiary panel of the District 7 Grievance Committee found that in or about October 2015, Holk was hired to represent the complainant in a child custody matter involving child support in Dallas County.
The complainant paid Holk $3,750 to represent her in the family matter. During the representation, Holk neglected the legal matter. Holk also failed to keep the complainant reasonably informed about the status of her legal matter and failed to promptly comply with her reasonable requests for information about her case.
Further, Holk failed to timely respond to the grievance. Holk violated Rules 1.01(b)(1), 1.03(a), and 8.04(a)(8).
He was ordered to pay $1,813 in attorneys’ fees and direct expenses.
On June 18, 2019, Derek Alfonso Quinata [#24072292], 38, of El Paso, agreed to a three-year fully probated suspension effective June 15, 2019.
An evidentiary panel of the District 17 Grievance Committee found that Quinata neglected a client’s matter, failed to keep a client reasonably informed, failed to return unearned portions of fees, and failed to respond to the grievance.
Quinata violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(8). He was ordered to pay $260 in restitution and $1,000 in attorneys’ fees and direct expenses.
On June 28, 2019, Derek Alfonso Quinata [#24072292], 38, of El Paso, agreed to a three-year fully probated suspension effective June 15, 2019. An evidentiary panel of the District 17 Grievance Committee found that Quinata neglected a client’s matter and failed to keep a client reasonably informed. Quinata violated Rules 1.01(b)(1) and 1.03(a). He was ordered to pay $2,550 in restitution.
On June 18, 2019, Derek Alfonso Quinata [#24072292], 38, of El Paso, accepted a three-year fully probated suspension effective June 15, 2019. An evidentiary panel of the District 17 Grievance Committee found that Quinata neglected a client matter, failed to respond to his client’s request for information, and failed to refund the unearned portions of fees. Quinata violated Rules 1.01(b)(1), 1.03(a), and 1.15(d). He was ordered to pay $1,000 in restitution and $1,000 in attorneys’ fees and direct expenses.
As a Texas Lawyer you can fabricate a story and commit perjury without proper sanction as shown here by the Texas Bar. LIT recommends: Never trust a word written…”out of his own pocket”…MINUS his contingency fee, so it would be peanuts in any event the client would have received in this perjurious fake offer of settlement.
On July 29, 2019, Shane Michael Boasberg [#24038249], 43, of Austin, accepted a four-month probated suspension effective August 1, 2019.
An investigatory panel of the District 9 Grievance Committee found that while representing a client in a personal injury matter, Boasberg neglected the case, failed to keep his client informed about the status of the case, and failed to respond to reasonable requests for information.
Boasberg further failed to abide by his client’s decision whether or not to accept a settlement offer and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Boasberg violated Rules 1.01(b)(1), 1.02(a)(2), 1.03(a), and 8.04(a)(3).
On July 9, 2019, Adrian Antonio Chavez [#00790454], 50, of Odessa, agreed to an 18-month fully probated suspension effective August 1, 2019. An evidentiary panel of the District 15 Grievance Committee found that Chavez failed to keep clients reasonably informed and failed to respond to grievances.Chavez violated Rules 1.03(a) and 8.04(a)(8). He was ordered to pay $800 in attorneys’ fees and direct expenses.
Two clients were injured as a result of this trustee lawyer’s high risk personal investments in Africa and a third client was injured when Davis obtained $24,500 from a real estate transaction and not disburse it on a timely basis. He received a fully probated suspension. He’s currently active at State Bar of Texas (last visited 17 Feb 2021).
On July 19, 2019, Derek H. Davis [#05479400], 70, of Dallas, received a 48-month fully probated suspension effective July 15, 2019.
An investigatory panel of the District 6 Grievance Committee found Davis entered into a business transaction with clients’ funds wherein Davis acquired an interest but the terms were not fair and reasonable to the clients and were not fully disclosed in a manner which could be reasonably understood by the clients, the clients were not given a reasonable opportunity to seek the advice of independent counsel, and Davis failed to get written consent from the clients.
Davis failed to appropriately safeguard trust funds and settlement funds entrusted to him and failed to promptly deliver settlement funds to a client. Davis also misrepresented the status of the funds when his client inquired about the settlement funds.
Davis’ use and misapplication of funds entrusted to him adversely reflect on his honesty, trustworthiness, and fitness as a lawyer. Davis engaged in conduct involving dishonesty, fraud, deceit, and misrepresentation.
Davis violated Rules 1.08(a), 1.14(a), 1.14(b), 8.04(a)(2), and 8.04(a)(3). He was ordered to pay $500 in attorneys’ fees and direct expenses.
Will James will take your money, fail to do his job in court and then take even more cash from you and then continue to do nothing. Then, realizing he’s in a bad situation, he’ll beat you to the punch and walk, with the blessings of the court. Now the client is out of pocket, has no lawyer and a case with deadlines fast approaching. The Texas Bar is convinced a fully probated suspension is what the citizens will think is appropriate when a lawyer behaves in such an egregious manner.
On July 1, 2019, William Andrew James Jr. [#24076460], 51, of Cameron, accepted an 18-month probated suspension effective August 1, 2019.
An investigatory panel of the District 8 Grievance Committee found that while representing a client in a family law matter, James neglected the case, failed to keep his client informed about the status of the case, and failed to respond to reasonable requests for information.
James further failed to explain the matter to the extent necessary to permit the client to make informed decisions about the case and also failed to render a full accounting when requested by his client.
James violated Rules 1.01(b)(1), 1.03(a), 1.03(b), and 1.14(b).
Stuart Oliphint can’t stay out of trouble either and we’ve written about him again very recently. He is currently ineligible to practice per his State Bar of Texas profile (last viewed 17 Feb. 2021). Do y’all notice the continuing pattern here?
On July 16, 2019, Stuart R. Oliphint [#00789526], 59, of Fort Worth, received a 12-month fully probated suspension effective August 1, 2019.
An evidentiary panel of the District 7 Grievance Committee found Oliphint failed to timely furnish a response to the Office of Chief Disciplinary Counsel and did not in good faith assert a privilege or other legal ground for failure to do so.
Oliphint violated Rule 8.04(a)(8). He was ordered to pay $750 in attorneys’ fees and direct expenses.
On March 13, 2019, Alberto Posada [#24039360], 48, of Harlingen, accepted a two-and-a-half-year fully probated suspension effective March 1, 2019.
An evidentiary panel of the District 12 Grievance Committee found that Posada failed to comply with prior disciplinary judgments and failed to respond to the grievance in a timely manner. Posada violated Rules 8.04(a)(7) and 8.04(a)(8).
He was ordered to pay $5,000 in restitution and $6,643.31 in attorneys’ fees and direct expenses.
Lee Westmoreland could not stay out of trouble but the Bar gave him another fully probated suspension per his State Bar of Texas profile (last viewed 17 Feb. 2021). Nope, we’re not makin’ this up…
On June 12, 2019, Lee Barrett Westmoreland [#24001113], 46, of Nacogdoches, received a three-year fully probated suspension effective June 5, 2019.
An evidentiary panel of the District 2 Grievance Committee found that Westmoreland failed to keep his client informed about the status of the criminal matter and failed to promptly comply with reasonable requests for information, failed to surrender papers and property to which his client was entitled to receive, and failed to timely respond to the grievance.
Westmoreland also engaged in the practice of law when his right to practice was administratively suspended for failure to timely pay required fees or assessments.
Westmoreland violated Rules 1.03(a), 1.15(d), 8.04(a)(8), and 8.04(a)(11). He was ordered to pay $2,225 in attorneys’ fees and direct expenses.
On July 15, 2019, Richard R. Alamia [#00964200], 72, of Edinburg, agreed to a two-year partially probated suspension effective August 1, 2019, with the first 30 days actively served and the remainder probated.
An evidentiary panel of the District 12 Grievance Committee found that Alamia failed to have a written contract in a contingent fee arrangement, failed to maintain client funds in a trust account, and engaged in conduct involving deceit and misrepresentation.
Alamia, who was highlighted in our last rogue lawyer listing, violated Rules 1.04(d), 1.14(a), and 8.04(a)(3). He was ordered to pay $2,350.70 in attorneys’ fees and direct expenses.
Rest of the state
JUDICIAL ACTIONS – To read the entire public sanctions, go to scjc.texas.gov.
On June 6, 2019, the State Commission on Judicial Conduct accepted a voluntary agreement to resign from judicial office in lieu of disciplinary action regarding Mike Sutherland, county judge, Caldwell, Burleson County.
CALDWELL, Tex. (KBTX) – Former Burleson County Judge Mike Sutherland has been accused of inappropriate conduct, according to state records obtained by KBTX
Sutherland agreed to resign from his position on Sunday, June 16, as part of a voluntary agreement he signed earlier this month with the State Commission on Judicial Conduct.
According to the report, the action comes after the commission received two complaints against Sutherland alleging that he “sexually harassed a woman and/or engaged in a sexual relationship with a woman employed by Burleson County.”
The voluntary agreement did not detail the allegations but said, “no Findings of Fact or Conclusions of Law have been made.”
Click here to see the full voluntary agreement document.
The agreement says in exchange for Sutherland stepping down from his position as county judge, the commission would no longer seek disciplinary action on the matter. It also states Sutherland is forever disqualified from any kind of judicial service in Texas, including the performance of wedding ceremonies.
Sutherland continues to deny any wrongdoing and last week told News 3’s Clay Falls that he wanted to retire and believed it was the best time to step down.
DPS confirms there is no criminal investigation into the matter. KBTX has reached out to the Burleson County Sheriff’s Office and Caldwell Police Department to see if there is an ongoing investigation, but we haven’t heard back from those two agencies.
Sutherland began serving as Burleson County judge in 2003.
County Commissioners held a meeting Monday to address the judge’s resignation and how to choose his successor. Applications are being accepted on Monday and Tuesday for anyone interested in the position. The deadline to file is noon Tuesday, and the county hopes to have someone appointed by the end of the week.
“We want it on writing and it doesn’t have to be a résumé just as long as it’s a written statement stating your name and sign it and everything goes through the treasurer’s office,” said David Hildebrand, who is the Burleson County Judge Pro-Tem and Commissioner for Precinct 3.
He said they’ll interview applicants starting Tuesday. “We’re going to set up five-minute meetings with each one of the candidates,” he said. “We’ll take in all the applications. Then we’re going to go back into recess Wednesday at 1 and the Commissioners will discuss the applicants that we interviewed Tuesday. Then we’ll see what happens there and then if we have to have another meeting. We’ll have to post one for Friday,” Hildebrand added.
Residents like Richard Thompson wonder who the next county judge will be.
“Well I know it’s going to be quite a transition but I’m certain that all the people here will look real hard to find somebody to replace him,” said Thompson.
News 3 asked Hildebrand about the judge’s departure.
“The judge is going to be missed greatly. He did a lot for this county, I will say that. And he’s a good friend and I hated to see him go,” said Hildebrand. “As far as the rest of it I don’t know what’s going on,” he said.
The County Treasurer said the requirements for the new County Judge will be they must live in Burleson County and be 18 years of age. They also have to qualify for a $100,000 surety bond and cannot have any unpaid debts to the county. Earlier Monday afternoon five people had applied so far.
Mike Sutherland has been in court defending #MeToo civil lawsuits. Here’s the latest.
Former Burleson County Judge Mike Sutherland’s written statement issued last week to KBTX:
After serving more than 16 years as county judge, I am retiring from public service. It has been an honor to serve the good folks of Burleson County for all those years as County Judge.
I’ve got a beautiful family that I’m going to spend more time with and I’m looking forward to life in Caldwell as a regular citizen.
Over the past several months, for reasons I can’t fully understand, allegations have been made against me by certain individuals with the Texas Judicial Conduct Commission.
With my cooperation, the Commission has investigated these claims, which I have denied, and no findings have been made against me. There have been no grievances or complaints filed with the county regarding these allegations or any others against me during my entire 16 years of service.
With that said, the process has been stressful and I want the County to be able to move on without controversy or the potential for an unjustified loss of faith in our judiciary.
I am very proud of our work and the county’s development during these last 16 years and hope that I can be remembered as a positive part of progress.
On July 16, 2019, the State Commission on Judicial Conduct issued a public warning to Yvonne “Bonnie Rangel” Guaderrama, 171st District Court judge, El Paso, El Paso County.
On July 16, 2019, the State Commission on Judicial Conduct issued a public warning to Louis E. “Bud” Turcotte, Kenedy County judge, Sarita, Kenedy County.
On July 16, 2019, the State Commission on Judicial Conduct issued a public admonition to Jonathan Bailey, 431st District Court judge, Denton, Denton County. Subsequent to the Commission’s issuance of the sanction, the judge requested the appointment of a special court of review, in review of the Commission’s decision, pursuant to Tex. Gov’t Code § 33.034.
BODA
On May 28, 2019, the Board of Disciplinary Appeals dismissed for want of prosecution the appeal of Dallas attorney Richard “Rich” Joseph Deaguero [#05623500], 73, from a judgment of partially probated suspension by an evidentiary panel of the District 6-4 Grievance Committee in Case No. 201703997. Deaguero did not timely file a brief. BODA Cause No. 61399.
On May 31, 2019, the Board of Disciplinary Appeals dismissed for want of prosecution the appeal of Dallas attorney Richard Joseph Deaguero [#05623500], 73, from a judgment of probated suspension by an evidentiary panel of the District 6-2 Grievance Committee in Case No. 201701838. Deaguero did not timely file a brief. BODA Cause No. 60517.
On July 29, 2019, the Board of Disciplinary Appeals signed an interlocutory order of suspension against Lake Jackson attorney Kirk Lawrence Brannan [#24038779], 65.
Although duly cited, Brannan did not answer or appear at the hearing.
On April 5, 2019, Brannan pleaded guilty to bank fraud in violation of 18 U.S.C. § 1343, an intentional crime as defined in the Texas Rules of Disciplinary Procedure, in the case styled United States of America v. Kirk Lawrence Brannan, Cause No. 4:15-CR-00080-001, in the U.S. District Court for the Southern District of Texas, Houston Division.
Brannan was sentenced to prison for 36 months, followed by supervised release for three years, and ordered to pay $5,317,350 in restitution. Brannan has appealed his criminal conviction.
The board retains jurisdiction to enter a final judgment when the criminal appeal is final.
BODA Cause No. 62049.
On July 29, 2019, the Board of Disciplinary Appeals signed a final judgment of disbarment of Mansfield attorney Tshombe Ali “Shaun” Anderson [#24012218], 51.
Anderson answered the petition for compulsory discipline but did not appear at the hearing.
On May 9, 2018, Anderson pleaded guilty to conspiracy to commit health care fraud in violation of 18 U.S.C. §§ 1349, 1347, an intentional crime as defined in the Texas Rules of Disciplinary Procedure, in the case styled United States of America v. Tshombe Anderson, Defendant, Cause No. 3:15-CR-409-M (1), in the U.S. District Court for the Northern District of Texas, Dallas Division.
Anderson was sentenced to prison for 10 years, followed by supervised release for three years, and ordered to pay $26,572,458.93 in restitution.
On October 10, 2018, the Board of Disciplinary Appeals signed an interlocutory order of suspension while Anderson appealed his criminal conviction.
On March 20, 2019, the 5th Circuit Court of Appeals dismissed Anderson’s appeal and issued its mandate.
BODA Cause No. 60492.
On July 29, 2019, the Board of Disciplinary Appeals signed a final judgment of disbarment against Dallas attorney Bilal Ahmed Khaleeq [#24091271], 49.
On July 20, 2018, Khaleeq pleaded guilty to conspiracy to commit marriage fraud in violation of 18 U.S.C. § 371 (8 USC § 1325(c)), an intentional crime as defined in the Texas Rules of Disciplinary Procedure, in the case styled United States of America v. Bilal Ahmed Khaleeq, Cause No. 3:17-CR-00359-N(1), in the U.S. District Court for the Northern District of Texas, Dallas Division.
Khaleeq was sentenced to prison for six months, followed by supervised release for one year, and ordered to pay a $10,000 fine.
Khaleeq appealed his criminal conviction, and on October 9, 2018, the Board of Disciplinary Appeals signed an interlocutory order of suspension during the pendency of his appeal.
On September 20, 2019, the 5th Circuit Court of Appeals dismissed his appeal for want of prosecution.
BODA Cause No. 60812.
Robert H. Richards IV is a convicted child rapist and great-grandson of chemical magnate Irénée du Pont and heir to the du Pont family fortune
On July 29, 2019, the Board of Disciplinary Appeals signed a final judgment of disbarment against Medford, New Jersey, attorney James William Richards IV [#00797313], 49.
On or about April 26, 2013, Richards was court-martialed after being found guilty of child pornography and sexual abuse of a child, intentional crimes as defined in the Texas Rules of Disciplinary Procedure.
He was also found guilty of failure to obey an order and was sentenced to incarceration in the Air Force Correction System for 17 years, ordered to forfeit all pay and allowances, and dismissed from the service in United States v. Lieutenant Colonel James W. Richards IV, Cause No. 38346, in the Air Education and Training Command headquarters at Joint Base San Antonio-Randolph.
Richards appealed his criminal conviction, and on May 4, 2015, the Board of Disciplinary Appeals signed an interlocutory order of suspension during the pendency of his appeal. On August 27, 2018, the secretary of the Air Force approved the sentence imposed and executed Richard’s dismissal from the service, making his court-martial final.
BODA Cause No. 55908.
On July 29, 2019, the Board of Disciplinary Appeals signed a judgment of disbarment against Baltimore, Maryland, attorney G. Michael Cooper III [#04775600], 74.
On January 12, 2007, the Supreme Court of Illinois entered an order and mandate disbarring Cooper in a matter styled In re: G. Michael Cooper, III, Supreme Court No. M.R. 21194, Commission No. 05 CH 82.
The court found that Cooper converted client funds to his own use and violated Illinois Rules of Professional Conduct Rules 5.5(a), 8.4(a)(4), and 8.4(a)(5).
BODA Cause No. 58355.
On July 29, 2019, the Board of Disciplinary Appeals signed a judgment of partially probated suspension against El Paso attorney Jose Marcos Perales Pina [#24091472], 41.
On March 8, 2019, the Supreme Court of the State of New Mexico entered an order suspending Perales Pina from the practice of law for one year, followed by supervised probation for six months, in a matter styled In the Matter of J. Marcos Perales Pina, an Attorney Suspended from the Practice Law Before the Courts of the State of New Mexico, No. S-1-SC-37402.
The court found that Perales Pina violated New Mexico Rules of Professional Conduct Rules 16-101 [failing to provide competent representation to a client], 16-801a [knowingly making false statements of material facts in connection with a disciplinary matter], 16-804(D) [engaging in conduct prejudicial to the administration of justice], and 16-804(C) [engaging in conduct involving dishonesty, deceit, or misrepresentation].
Perales Pina is suspended from the practice of law in Texas beginning July 29, 2019, and ending July 28, 2020, followed by a probated six-month suspension.
BODA Cause No. 62036.
On July 11, 2019, the Board of Disciplinary Appeals signed an agreed judgment of fully probated suspension against Phoenix, Arizona, attorney Gerald G. Eagleburger [#06333000], 75.
On December 7, 2018, a final judgment and order was entered in a matter styled In the Matter of A Member of the State Bar of Arizona, G. Gregory Eagleburger, Bar No. 002695, Respondent, Case No. PDJ-2018-9108, placing Eagleburger on probation for one year for violating Arizona Rules of Professional Conduct Rules 1.3 [diligence], 1.7(a) [conflict of interest/ current client], 5.3(b), and 8.4(d) [conduct prejudicial to the administration of justice].
Eagleburger is suspended from the practice of law in Texas for one year beginning August 1, 2019.
BODA Cause No. 62035.
On July 16, 2019, the Board of Disciplinary Appeals signed an agreed judgment of indefinite disability suspension against Fort Worth attorney Huey P. Mitchell [#14212000], 83. BODA Cause No. 62094.
DISBARMENTS
On May 1, 2019, Peter Breece Plotts III [#16074100], 59, of Bryan, received a final judgment of disbarment.
An evidentiary panel of the District 8 Grievance Committee found that Plotts was hired to defend a client in matters related to the administration of an estate.
Plotts filed an answer on behalf of his client. Throughout the course of the next year and a half, the plaintiffs filed numerous motions against his client, but Plotts failed to notify his client of the motions or respond to them and all communication from Plotts ceased.
Later, the client learned that a final judgment had been entered against him in favor of the plaintiffs.
Plotts was given notice of the complaint by the Office of Chief Disciplinary Counsel but failed to furnish a written response to the complaint as directed.
Plotts violated Rules 1.01(b)(1), 1.03(a), and 8.04(a)(8).
Peter Plotts LinkedIn Profile
Assistant Attorney General at Texas Attorney General
Austin, Texas Area
Law Offices of Peter B. Plotts, III
About
More than twenty years experience representing state, county and municipal governmental entities, governmental officials, including police in personal injury, employment discrination, civil rights, trade mark infringement and debt collection in state and federal trial and appellate courts.
On May 10, 2019, Brett A. Pruit [#16367800], 62, of San Antonio, was disbarred.
An evidentiary panel of the District 10 Grievance Committee found that in connection with one complaint, Pruit engaged in conduct involving dishonesty and misrepresentation, violated a prior disciplinary judgment, and failed to respond to the grievance.
Pruit violated Rules 8.04(a)(3), 8.04(a)(7), and 8.04(a)(8). He was ordered to pay $1,655 in attorneys’ fees and direct expenses.
A Rather Creative Profile...Considering...
About
An exceptional criminal attorney with a proven track record of success. Undefeated in 3 first chair trials and 5 second chair trials conducted in all state level courts and Federal District Courts. Consistent success in generating dismissal of charges or lowest possible sentence in return for a guilty or nolo plea. My FBI Agent experience makes me uniquely qualified to identify the strengths and weaknesses of each case.
PUBLIC REPRIMANDS
On May 1, 2019, Brian Scott Holk [#24033728], 46, of Fort Worth, received a public reprimand but is not eligible to practice in Texas at the time of this post due to other infraction(s).
An evidentiary panel of the District 7 Grievance Committee found that the complainant hired Holk to represent him in a divorce involving children and a civil lawsuit against his child’s school for interference with his parental rights.
Upon termination of representation, Holk failed to surrender papers and property to which the complainant was entitled.
Further, Holk failed to timely respond to the grievance.
Holk violated Rules 1.15(d) and 8.04(a)(8). He was ordered to pay $1,623 in attorneys’ fees and direct expenses.
On July 8, 2019, Richard Jefferson Lott Jr. [#24070176], 48, of Pearland, accepted a public reprimand.
The 149th District Court of Brazoria County found that Lott committed professional misconduct by violating Rules 1.01(a) [a lawyer shall not accept or continue employment in a legal matter which the lawyer knows or should know is beyond the lawyer’s competence], 1.01(b)(1) [in representing a client, a lawyer shall not neglect a legal matter entrusted to the lawyer], and 1.03(a) [requiring a lawyer to keep clients reasonably informed about the status of a matter and promptly comply with reasonable requests for information].
Lott was ordered to pay $882.64 in attorneys’ fees and direct expenses.
On July 10, 2019, Rosemary R. Miranda [#14199620], 77, of Edinburg, received an agreed judgment of public reprimand.
An investigatory panel of the District 1 Grievance Committee found that in June 2015, Miranda was hired to represent two clients and to assist with adjusting their immigration status.
Miranda neglected the legal matters entrusted to her by failing to file required documents and failing to file appeals correctly. Miranda frequently failed to carry out completely the obligations that she owed to the clients in their legal matters.
She also failed to explain the immigration matters to the extent reasonably necessary to permit the clients to make informed decisions regarding the representation.
Miranda violated Rules 1.01(b)(1), 1.01(b)(2), and 1.03(b). She was ordered to pay $500 in attorneys’ fees and direct expenses.
Texas Courts Conclude Unanimously; As a Lyin’ Texas Lawyer Mark A. Cantu is Still Disbarred
Texas supreme court remanded to the 13th COA, to consider Cantus remaining issues. Justice Gina Benavides for the Court affirmed disbarment.
Lyin’ Georgia Lawyer Dipped into Government Cash and Ends Up with a 2 Year Jail Sentence
Carla B. Gaines, an attorney formerly licensed in Georgia, has been sentenced to federal prison for stealing client money and lying about the theft.
The Unveiling of Judges as Sexual Predators in Texas Rages On and On and On. The State of Texas Should Recognize, It’s Been Outed for Wrongly Protecting These Judges
An ex-clerk in Central Texas last week sued a former county judge Michael Sutherland, accusing him of repeatedly raping her in his Burleson County office and at his Caldwell cafe, the Funky Junky.
