Naughty in Nov. 2020: Fifteen Texas Lawyers and Judges Behavin’ Badly and the Five You’ll Never Know About. It’s a Secret.

Rest of the state

JUDICIAL ACTIONS

DISBARMENT
On September 15, 2020, Cynthia Gail Brown [#24026968], 56, of Palm Coast, Florida, received a judgment of disbarment related to three disciplinary cases.

An evidentiary panel of the District 8 Grievance Committee found that in the first case, Brown was hired by a client, on or about June 28, 2016, to represent her in a modification of her child custody orders.

The client paid Brown an advanced fee of $1,600 for the representation. On September 19, 2016, Brown was administratively suspended from the practice of law. Between June and September 2016, Brown filed no pleadings on the client’s behalf to initiate the modification. Further, Brown failed to notify the client of her suspension and ceased all communication with the client after a couple of months.

When the client discovered that Brown had been suspended and abandoned her law practice, she requested a refund. Brown failed to respond to the request and did not refund any unearned fees.

In a second case, Brown was hired by a client in January 2016 to represent her in a stepparent adoption. The client paid Brown an advanced fee of $3,900 for legal fees, filing fees, and a home study.

Although Brown obtained the biological mother’s written relinquishment of parental rights and moved the case from McLennan to Bell County, she failed to complete or file any other pleadings on the client’s behalf.

Brown was administratively suspended from the practice of law on September 19, 2016.

However, Brown did not file a motion to withdraw in the pending case. Further, when the client contacted Brown to determine the status of the matter, Brown informed the client that they were “just waiting on a court date,” and did not inform the client of her suspension.

In September 2016, Brown abandoned her law practice without notice to the client and failed to return the client’s file or refund any unearned fees.

In a third case, Brown was paid $1,200 on or about August 2, 2016, to represent a client in a suit affecting the parent-child relationship. On September 19, 2016, Brown was administratively suspended from the practice of law.

After her suspension, Brown continued the representation and corresponded with the client regarding responses to discovery requests and the possibility of filing a motion to dismiss. Brown failed to notify the client of her suspension, failed to return the client’s file, and failed to return any unearned portion of the $1,200. The client learned of Brown’s suspension in October 2016 and attempted to negotiate a return of unearned fees but Brown failed to respond to the client’s texts and emails.

Brown violated Rules 1.01(b)(1), 1.03(a), 1.15(d), 8.04(a)(3), and 8.04(a)(11) of the Texas Disciplinary Rules of Professional Conduct, Article X, Section 9, State Bar Rules. Brown was ordered to pay $5,498 in restitution and $3,700.30 in attorneys’ fees and expenses.

Boards! … and Commissions

Austin’s Traditions of Citizen Service Are in the Spotlight

Darwin McKee, Chair, Water and Wastewater Commission

Last appointed by Council Member Danny Thomas; member since 1992

In real life: Lawyer, former Travis Co. Commissioner

Originally Published: May 18, 2001 | Republished by LIT: Dec. 30, 2020

The Water and Wastewater Commission was formed by the City Council to provide citizen input into the operation of the Water and Wastewater Utility and to provide advice on how to maintain and improve the city’s drinking water supply. Over the years the council has also requested the commission’s advice on other issues, such as service extension requests and the cost of service to customers.

Overall, despite some negative publicity a few years ago, the commission has functioned quite well. We have had, and continue to have, the active participation of all the members of the commission. We have given our advice on a wide range of issues affecting the water quality of the city, the operation of the utility, planning for the future water and wastewater needs of the city, the viability of the city’s Historically Underutilized Business program, and many other issues. I have found the City Council quite receptive to our input.

The proof of that comes when our recommendation is different from the recommendation of the staff. Invariably, the council will ensure that the concerns we express are addressed. Fortunately, because of our good working relationship with water and wastewater staff, such situations do not arise very often, because over time, the staff has learned to anticipate the questions and concerns of the various commissioners.

Credit: Austin Chron.

On September 24, 2020, Darwin McKee [#13695700], 69, of Austin, accepted a one-year partially probated suspension [two months active and 10 months probated] effective November 1, 2020. An evidentiary panel of the District 9 Grievance Committee found that McKee failed to appear at a hearing while representing a client in a breach of contract case.

The panel also found that after the client appealed the case, McKee failed to meet appellate deadlines, notify the appellate court of his subsequent termination, and/or withdraw from the case.

McKee violated Rules 1.01(b)(1) and 1.15(a)(3). He was ordered to pay $875 in attorneys’ fees and direct expenses.