770 Texas Bar Journal • November 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. ATTORNEY GRIEVANCES DON’T REPRESENT YOURSELF! How often do you advise clients to represent themselves when accused of wrongdoing? Why give yourself different advice? CONSULTATION OR REPRESENTATION STEVEN L. LEE OVER 30 YEARS EXPERIENCE 11 years experience with the State Bar of Texas as Assistant and Deputy General Counsel as well as Acting General Counsel LAW OFFICE OF STEVEN L. LEE, P.C. 1411 WEST AVENUE, SUITE 100 AUSTIN, TEXAS 78701 (512) 215-2355 Representing Lawyers & Law Students Since 1991 STATEWIDE REPRESENTATION order of discipline in a matter styled, The North Carolina State Bar, Plaintiff, v. Marlon Brent Messer, Defendant, Case No. 15 DHC 53. BODA Cause No. 57979. On October 5, 2016, after hearing oral argument, the Board of Disciplinary Appeals affirmed in part and reversed in part the judgment of partially probated suspension against Killeen attorney Jerry W. Scarbrough [#17717500], 67, signed on April 7, 2015, by the evidentiary panel 08-5 of the State Bar of Texas District 8 Grievance Committee in Case Nos. A0111214896 and A0111214897. The board affirmed the findings of the evidentiary panel that Scarbrough vio- lated Texas Disciplinary Rules of Profes- sional Conduct 3.03(a)(1), 8.04(a)(1), and 8.04(a)(3) and reversed the finding that he violated Rule 3.04(a). The Commission for Lawyer Discipline con- ceded error on the finding that he vio- lated Rule 3.04(d), and the board re- versed that finding. The sanction is re- versed, and the matter is remanded to the evidentiary panel for a hearing on the al- legations that Scarbrough violated Rules 3.04(a) and 3.04(d) and for a new sanc- tions hearing. BODA Cause No. 56375. On October 5, 2016, after considering the briefs of the parties and the record, the Board of Disciplinary Appeals affirmed the partially probated suspension against Dallas attorney Robert E. Fitzgerald [#07088700], 66, signed on March 2, 2016, by the evidentiary panel of the State Bar of Texas District 6-1 Grievance Committee in Case No. 201404521. Fitzgerald remains suspended from the practice of law. BODA Cause No. 57404. RESIGNATIONS On August 31, 2016, the Supreme Court of Texas accepted the resignation REINSTATEMENTS Barry Joseph Jewell [#24033546], 57, of Prosper, has filed a petition in the 393rd Ju- dicial Court of Denton County for reinstate- ment as a member of the State Bar of Texas. BODA On August 22, 2016, the Board of Disciplinary Appeals signed an agreed judgment of fully probated suspension against Pasadena, California, attorney Marlon Brent Messer [#24029725], 41, suspending Messer from the practice of law in Texas for two years; the sus- pension is stayed and he is placed on probation beginning August 22, 2016, and ending on August 21, 2018. Messer was suspended from the practice of law in North Carolina for two years, with the suspension probated on certain terms and conditions on May 4, 2016, by the Disciplinary Hearing Commission of the North Carolina State Bar through a consent O Our trial team has the experience and unparalleled success to get the right results. Jennifer A. Hasley Board Certified, Civil Trial law Texas Board of Legal Specialization 20 Years Trial Experience including as Assistant Disciplinary Counsel State Bar of Texas Gregory M. Hasley 20 Years Trial Experience Former Vice-Chair of the Texas Disciplinary Rules of Professional Conduct Committee Victor R. Scarano Board Certified, Forensic Psychiatry 24 Years Trial Experience including as a member of the Disability Issues Committee and Texas Lawyers Assistance Program statewide practice ethics, grievance defense, disciplinary appeals, and legal malpractice 5252 Westchester, Suite 125 Houston, Texas 77005 713.667.6900 / 713.667.6904 fax [email protected]www.hasleyscarano.com Hasley Scarano, L.L.P. attorneys & counselors Two Riverway, Suite 1080 Houston, Texas 77056
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770 Texas Bar Journal • November 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.
ATTORNEY GRIEVANCES
DON’T REPRESENT YOURSELF!
How often do you advise clients to representthemselves when accused of wrongdoing?
Why give yourself different advice?
CONSULTATION OR REPRESENTATION
STEVEN L. LEEOVER 30 YEARS EXPERIENCE
11 years experience with the State Bar of Texas as Assistant and Deputy General
Counsel as well as Acting General Counsel
LAW OFFICE OFSTEVEN L. LEE, P.C.1411 WEST AVENUE, SUITE 100
AUSTIN, TEXAS 78701
(512) 215-2355
Representing Lawyers & Law Students Since 1991
STATEWIDE REPRESENTATION
order of discipline in a matter styled, TheNorth Carolina State Bar, Plaintiff, v. MarlonBrent Messer, Defendant, Case No. 15DHC 53. BODA Cause No. 57979.
On October 5, 2016, after hearingoral argument, the Board of DisciplinaryAppeals affirmed in part and reversed inpart the judgment of partially probatedsuspension against Killeen attorney JerryW. Scarbrough [#17717500], 67, signedon April 7, 2015, by the evidentiarypanel 08-5 of the State Bar of TexasDistrict 8 Grievance Committee in CaseNos. A0111214896 and A0111214897.The board affirmed the findings of theevidentiary panel that Scarbrough vio-lated Texas Disciplinary Rules of Profes-sional Conduct 3.03(a)(1), 8.04(a)(1),and 8.04(a)(3) and reversed the findingthat he violated Rule 3.04(a). TheCommission for Lawyer Discipline con-ceded error on the finding that he vio-
lated Rule 3.04(d), and the board re-versed that finding. The sanction is re-versed, and the matter is remanded to theevidentiary panel for a hearing on the al-legations that Scarbrough violated Rules3.04(a) and 3.04(d) and for a new sanc-tions hearing. BODA Cause No. 56375.
On October 5, 2016, after consideringthe briefs of the parties and the record,the Board of Disciplinary Appeals affirmedthe partially probated suspension againstDallas attorney Robert E. Fitzgerald[#07088700], 66, signed on March 2,2016, by the evidentiary panel of theState Bar of Texas District 6-1 GrievanceCommittee in Case No. 201404521.Fitzgerald remains suspended from thepractice of law. BODA Cause No. 57404.
RESIGNATIONSOn August 31, 2016, the Supreme
Court of Texas accepted the resignation
REINSTATEMENTSBarry Joseph Jewell [#24033546], 57, of
Prosper, has filed a petition in the 393rd Ju-dicial Court of Denton County for reinstate-ment as a member of the State Bar of Texas.
BODAOn August 22, 2016, the Board of
Disciplinary Appeals signed an agreedjudgment of fully probated suspensionagainst Pasadena, California, attorneyMarlon Brent Messer [#24029725],41, suspending Messer from the practiceof law in Texas for two years; the sus-pension is stayed and he is placed onprobation beginning August 22, 2016,and ending on August 21, 2018. Messerwas suspended from the practice of lawin North Carolina for two years, withthe suspension probated on certain termsand conditions on May 4, 2016, by theDisciplinary Hearing Commission of theNorth Carolina State Bar through a consent
OOur trial team has the
experience and unparalleled success to get
the right results.
Jennifer A. Hasley Board Certified, Civil Trial law
Texas Board of Legal Specialization 20 Years Trial Experience
including as Assistant Disciplinary Counsel
State Bar of Texas
Gregory M. Hasley 20 Years Trial Experience Former Vice-Chair of the
Texas Disciplinary Rules of Professional Conduct Committee
Victor R. Scarano Board Certified, Forensic Psychiatry
24 Years Trial Experience including as a member of the
Disability Issues Committee and Texas Lawyers Assistance Program
statewide practice ethics, grievance defense, disciplinary appeals, and
texasbar.com/tbj Vol. 79, No. 10 • Texas Bar Journal 771
in lieu of discipline of V. Antonio Aninao[#01264500], 63, of Houston. At the timeof his resignation, Aninao had twogrievances pending against him. In oneinstance, upon termination of repre-sentation, Aninao failed to take stepsto the extent reasonably practicable toprotect his client’s interests. Aninaoalso violated three disciplinary judg-ments and failed to timely furnish tothe Office of Chief Disciplinary Counsela response or other information as requiredby the Texas Rules of DisciplinaryProcedure.
Aninao violated Rules 1.15(d),8.04(a)(7), and 8.04(a)(8).
On August 31, 2016, the SupremeCourt of Texas accepted the resignationin lieu of discipline of Jose M. Guerrero[#08581425], 62, of San Antonio. Atthe time of his resignation, there werethree disciplinary actions pending alleg-ing Guerrero failed to communicatewith clients, neglected client matters,failed to hold client funds in trust,
failed to return unearned fees, violatedprior disciplinary judgments, and par-ticipated in conduct involving fraud,deceit, or misrepresentation.
Guerrero violated Rules 1.01(b)(1),1.03(a), 1.03(b), 1.14(a), 1.14(b),1.14(c), 1.15(a)(1), 1.15(d), 8.04(a)(3),8.04(a)(7), and 8.04(a)(10). He wasordered to pay $5,000 in attorneys’ feesand direct expenses.
On August 31, 2016, the SupremeCourt of Texas accepted the resignationin lieu of discipline of Alicia R. Mar-tinez [#24014390], 48, of San Antonio.At the time of resignation, there weretwo disciplinary actions pending alleg-ing Martinez failed to communicatewith clients, neglected client matters,failed to hold funds in trust, failed toreturn unearned fees, and failed torespond to a grievance.
Martinez violated Rules 1.01(b)(1),1.03(a), 1.03(b), 1.14(a), 1.15(d), 8.04(a)(3),and 8.04(a)(8). She was order to pay$750 in restitution.
Will you REPRESENT YOURSELF? Socrates did and how did that
turn out for him?
BBRRUUCCE AA. CCAAMMPPBBEELLLL OVER 25 YEARS EXPERIENCE IN
GRIFFIN W. COLLIE 2514 BOLL STREET DALLAS, TEXAS 75204214.484.4323 PHONE
www.grievancedefensetexas.com
When your license,
livelihood, and
reputation are
at stake
SEENFEDCNVAEIRG
ddhlili
, esnecir luon yehW
SEEC
772 Texas Bar Journal • November 2016 texasbar.com
fees and direct expenses.
PRIVATE REPRIMANDS Listed here is a breakdown of Texas
Disciplinary Rules of Professional Con-duct violations for five attorneys, withthe number in parentheses indicatingthe frequency of violation. Please notethat an attorney may be reprimandedfor more than one rule violation.
1.01(b)(1)—for neglecting a legalmatter entrusted to the lawyer (1).
1.03(a)—for failing to keep a clientreasonably informed about the status ofa matter and promptly comply withreasonable requests for information (3).
1.03(b)—for failing to explain amatter to the extent reasonably neces-sary to permit the client to makeinformed decisions regarding represen-tation (1).
1.14(c)—for failing to keep funds orother property in which both the lawyerand another person claim interests sep-arate until there is an accounting andseverance of their interests (1). TBJ
SUSPENSIONS On August 9, 2016, Denver G.
McCarty [#13376570], 70, of Corinth,received a three-year partially probatedsuspension effective September 1, 2016.An evidentiary panel of the District 14Grievance Committee found that inrepresenting the complainant, McCartyfailed to appear at a plea hearing, failedto inform the complainant that his atten-dance was necessary at the plea hearing,and failed to respond to the grievance.
McCarty violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8). He was orderedto pay $1,500 in restitution and $1,450in attorneys’ fees and expenses.
PUBLIC REPRIMANDS On August 25, 2016, Zenaida Sanchez
[#17573800], 56, of Alice, accepted ajudgment of public reprimand. The Dis-trict 11 Grievance Committee found thatSanchez failed to communicate with aclient.
Sanchez violated Rule 1.03(a). Shewas ordered to pay $800 in attorneys’
NED BARNETT
CRIMINALDEFENSEDefending Texans Since 1994
Former Assistant United States AttorneyFormer Assistant District AttorneyFounding Member of the National College of DUI Defenseof Counsel Williams Kherkher Hart Boundas, LLP
Law Offices of Ned Barnett8441 Gulf Freeway, Suite 600 Houston, Texas 77017
713-222-6767www.nedbarnettlaw.com
Board Certified in Criminal Law by the Texas Board of Legal Specialization
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