LIT COMMENTARY
We were shocked to see so many lawyers in December 2019’s list that are repeat offenders with serious charges that we had to dig deeper, and much further than we normally investigate as the sanctions did not add up to the crimes. Attorney Drew Vaughn is one that didn’t pass muster in our initial appraisal, after we recognized him from an earlier lawless lawyers in Texas report from June 2019. Be warned, what follows is our very disturbing findings of fact.
Update: Dec. 2020
Vaughn is finally disbarred. Read about it here.
Past Article: Who is Canton Texas Attorney Andrew David “Drew” Vaughn? LIT strongly object to the fact this lawless lawyer was not disbarred, there is serious trust and ethics issues https://t.co/FhaugihVEp
Dec 1: Drew Vaughn has been disbarred by @statebaroftexas
Told y’all pic.twitter.com/uHymC7LqrL
— LawsInTexas (@lawsintexasusa) December 1, 2020
ABOUT CANTON, TEXAS
Canton.Gov
Canton is located in Northeast Texas along Interstate 20 and U.S. Highway 19 & 64.
WHO IS ATTORNEY ANDREW D VAUGHN
WHEN HE IS ON SOCIAL MEDIA; TWITTER PROFILE BELOW
Discovery answer done. Discovery questions done. Now my sinuses feel like they need to explode. Perhaps I’m allergic to discovery?
It’s probably just the cedar in the air. Can’t complain too much because it could always be worse.
— Andrew Vaughn (@AndrewDVaughn) December 7, 2018
The black church I was in…the communities I frequent…the projects I grew up in….just stop Booker. #DemDebate
— Andrew Vaughn (@AndrewDVaughn) November 21, 2019
THANK GOODNESS FOR JUDGE TERESA DRUM
We quickly ascertained solo practitioner and attorney-at-law Drew Vaughn is a political person and that was quickly confirmed at Ballotpedia, where you can see he ran and lost a race against Teresa Drum for a position of Judge for the 294th District Court.
TEXAS LAWYER DREW VAUGHN – SUMMARY OF MISCONDUCT
Below we summarize the 3 complaints received against City of Canton Councilman and shamed Attorney Andrew D. Vaughn and the complicated methodology that is applied when sanctioning lawyers in Texas. After that summary, LIT breaks down each of the 3 complaints and provides details of the judgments and the disciplinary counsel that dealt with Vaughns’ misconduct.
THE COMPLICATED SUSPENSION FORMULA
TOTAL SUSPENSION PERIOD
In a nutshell, there are 3 disciplinary actions from 3 clients. Flynn, 2 year suspension, Shearin, 2 year suspension and Sowell, 3 year suspension. That’s 7 years in total if the ‘consecutive’ method of punishment applies (assuming common sense). However, that does not appear to be the case in Texas.
After all is said and done, it appears that SOWELL is controlling, with TOTAL suspension period of lawless attorney Vaughn starting on October 13th, 2019 and ending October 12th, 2022.
ACTIVE SUSPENSION PERIOD
However, that is not the ACTIVE suspension date, which runs from October 13th, 2019 until October 12th 2020 (one year in the case of SOWELL). But to confuse matters he starts another ACTIVE suspension date of March 1, 2020 until February 28, 2021 (one year in the case of SHEARIN). The case of FLYNN was fully probated, a 2 year term (February 1, 2019 until January 31, 2021).
In summary, lawless attorney Vaughn ends his current ACTIVE suspension, based on the above, on Feb. 28, 2021.
COMMON SENSE LOGIC DOES NOT APPLY
It seems very peculiar that there are 3 separate complaints and 3 separate judgments and that they are not run from the period after the first suspension order started/ended and so forth. This reduces the ‘punishment’ considerably after the time expended investigating these cases of lawyer misconduct. It would seem the disciplinary panel has the discretion to revoke probated suspensions. If there is ever a case that warrants revocation, this is definitely one. LIT strongly object to the fact this lawless lawyer, Andrew D. Vaughn of Canton, Texas was not disbarred, there is serious trust and ethics issues.
FLYNN: The period of probated suspension shall begin on February 1, 2019, and shall end on January 31, 2021.
SHEARIN: Accordingly, it is ORDERED, ADJUDGED and DECREED that Respondent be suspended from the practice of law for a period of two (2) years, beginning March 1, 2020, and ending Feb 28, 2022.
SOWELL: Respondent be suspended from the practice of law for a period of three (3) years, beginning October 13, 2019, and ending October 12, 2022.
Complaint by Randy Shearin (August 16, 2017)
On September 9, 2019, Andrew David Vaughn [#24056764], 38, of Canton, received a two-year partially probated suspension effective March 1, 2020, with the first 12 months actively served and the remainder probated.
An evidentiary panel of the District 1 Grievance Committee found that Vaughn neglected the legal matter entrusted to him by failing to complete any legal work on behalf of his client, failing to keep his client reasonably informed about the status of his case, and failing to promptly comply with reasonable requests for information from his client.
Vaughn failed to hold funds belonging to his client that were in Vaughn’s possession in connection with the representation separate from his own property.
Vaughn represented his client while he was actively suspended from the practice of law and failed to notify his client that his license to practice law was suspended.
Vaughn violated Rules 1.01(b)(1), 1.03(a), 1.14(a), 8.04(a)(7), and 8.04(a)(10).
He was ordered to pay $1,600 in attorneys’ fees and $603 in direct expenses.
Accordingly, it is ORDERED, ADJUDGED and DECREED that Respondent be suspended from the practice of law for a period of two (2) years, beginning March 1, 2020, and ending Feb 28, 2021.
Complaint by Amanda Mae Sowell (March 15, 2016)
On September 19, 2019, Andrew David Vaughn [#24056764], 38, of Canton, received a three-year partially probated suspension effective October 13, 2019, with the first 12 months actively served and the remainder probated.
An evidentiary panel of the District 1 Grievance Committee found that Vaughn neglected the legal matter entrusted to him, failed to keep his client reasonably informed about the status of her case, and failed to promptly comply with reasonable requests for information from his client.
Vaughn failed to surrender papers and property to which his client was entitled. Vaughn represented his client while he was actively suspended from the practice of law and failed to notify his client that his license to practice law was suspended.
Vaughn violated Rules 1.01(b)(1), 1.03(a), 1.15(d), 8.04(a)(7), and 8.04(a)(10).
He was ordered to pay $1,980 in attorneys’ fees and $822 in direct expenses.
Accordingly, it is ORDERED, ADJUDGED and DECREED that;
Respondent be suspended from the practice of law for a period of three (3) years, beginning October 13, 2019, and ending October 12, 2022.
Respondent shall be actively suspended from the practice of law for a period of one (1) year beginning October 13, 2019, and ending October 12, 2020.
The two (2) year period of probated suspension shall begin on October 13, 2020, and shall end on October 12, 2022.
Lawyer Drew Vaughn of Texas had 3 client complaints. He was found guilty & suspended for 7 yrs. Well, that’s not how it works in Texas. That equals 2 yrs. Apparently “consecutive’ is a banned word in Texas Lawyer Discipline. #AuditTexas #txlege #Texas https://t.co/nTbq2fHVhO pic.twitter.com/CXXs9NlSQ2
— LawsInTexas (@lawsintexasusa) December 11, 2019
Complaint by Mary Margaret Flynn (August 6, 2016)
A second-time offender, on February 4, 2019, Andrew David Vaughn [#24056764], 38, of Canton, received a two-year fully probated suspension effective February 1, 2019.
An evidentiary panel of the District 1 Grievance Committee found that Vaughn neglected a legal matter entrusted to him by failing to perform legal services.
Vaughn violated Rule 1.01(b)(1). He was ordered to pay $2,400 in attorneys’ fees and $542.50 in direct expenses.
Accordingly, it is ORDERED, ADJUDGED and DECREED that Respondent be suspended from the practice of law for a period of two (2) years, with the suspension being fully probated pursuant to the terms stated below.
The period of probated suspension shall begin on February 1, 2019, and shall end on January 31, 2021.
Arithmetic by Personal Injury #lawyers appointed as disciplinary counsel to investigate misconduct in #TEXAS clearly don’t know what consecutive means. Maybe they should hand the job to some Fifth Graders #txlege #backtoschool #RESTORETX #personalinjury https://t.co/6tqJcaZgD1 pic.twitter.com/VsJS6ywELP
— LawsInTexas (@lawsintexasusa) December 9, 2019
WHO IS ATTORNEY RICK L. BERRY, JR
THE STATE BAR DISCIPLINARY COUNSEL
BERRY’S TWITTER ACCOUNTS ARE VERY ‘SECTARIAN’ IN VIEWS
GOP Can Fight Anti-Trump Coup Or Surrender Government To Democrats https://t.co/j6TccYYmX8
— Rick Berry (@RickDBerry) October 25, 2019
Leaked video: Antisemite @BernieSanders surrogate @lsarsour: “Israel was built on the idea that JEWS are supreme to everybody else.” pic.twitter.com/EY4bRKFrwB
— Reagan Battalion (@ReaganBattalion) December 2, 2019
WHO IS ATTORNEY RAFAEL DE LA GARZA
THE STATE BAR DISCIPLINARY COUNSEL
- Founder, De La Garza Law Firm PC 2003 – Present. Practice Area – Criminal Law, State & Federal Courts
- Assistant District Attorney – Dallas County, 1994 to 1997
- Assistant United States Attorney – Western District of Texas, 1997 – 2001
- Board Certified in Criminal Law by Texas Board of Legal Specialization 2002 to Present
- Panel Member State Bar of Texas Grievance Committee 2017 – Present
- Advisory Committee Member Texas Board of Legal Specialization Criminal Law 2018 – Present
- Admitted to Practice in All Federal Courts in Texas
- Juris Doctorate, Thurgood Marshall School of Law