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					   ATTORNEY GRIEVANCES

  DON’T REPRESENT YOURSELF!
 How often do you advise clients to represent
  themselves when accused of wrongdoing?
     Why give yourself different advice?
                                                   G    eneral 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
            CONSULTATION
                                                   and copies of actual orders are available at txboda.org. The State Commission on
          OR REPRESENTATION
                                                   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
     STEVEN L. LEE                                 not necessarily licensed attorneys.

     OVER 25 YEARS EXPERIENCE
                                                   REINSTATEMENT                                States of America v. Luther Jones, in the
   11 years experience with the State Bar of          J. Robert Love [#00791139], 45, of        U.S. District Court for the Western Dis-
    Texas as Assistant and Deputy General          Houston, has filed a petition in the         trict of Texas, El Paso Division. Jones
  Counsel as well as Acting General Counsel        113th District Court of Harris County        was sentenced to six years in the custody
                                                   for reinstatement as a member of the         of the U.S. Bureau of Prisons for each
                                                   State Bar of Texas.                          count, the sentences to run concurrently.
      LIONE & LEE, P.C.                                                                         Jones was also ordered to pay a fine in
         3921 STECK AVENUE
                                                   BODA ACTIONS                                 the amount of $50,000 and an assess-
             SUITE A-119
                                                                                                ment in the amount of $200. The Board
         AUSTIN, TEXAS 78759                           On Jan. 31, the Board of Disciplinary
                                                                                                retains jurisdiction to enter a final judg-
               (512) 346-8966                      Appeals signed a final judgment of dis-
                                                                                                ment when the criminal appeal is final.
                                                   barment against Ted H. Roberts
  Representing Lawyers & Law Students Since 1991                                                BODA Cause No. 49601.
                                                   [#17019705], 55, of San Antonio. On
                                                                                                    Editor’s Note: Luther G. Jones III
    STATEWIDE REPRESENTATION                       Oct. 2, 2007, the Board of Disciplinary
                                                                                                [#10973200], of Dallas, is not the attor-
                                                   Appeals signed an interlocutory order of
                                                                                                ney referred to in this action.
                                                   suspension against Roberts because on
                                                   June 12, 2007, he was found guilty by a          On Jan. 30, the Board of Disciplinary
    GRIEVANCE DEFENSE &                            jury of three counts of theft under Texas    Appeals signed an interlocutory order of
     LEGAL MALPRACTICE                             Penal Code 31.03, an intentional crime       suspension against Scott M. Tidwell
                                                   as defined in the Texas Rules of Discipli-   [#20020730], 51, of Odessa. On Oct.
                                                   nary Procedure, in Cause No.                 13, 2011, Tidwell was found guilty by a
                                                   2006CR6404B styled, The State of Texas       jury of two counts misuse of official
                                                   v. Ted H. Roberts, in the 226th District     information and two counts of retalia-
 Hasley Scarano, L.L.P.
 attorneys & counselors                            Court of Bexar County. He was sen-           tion, third-degree felonies and intention-
                                                   tenced to five years in the Institutional    al crimes as defined in the Texas Rules of
   Jennifer A. Hasley                              Division of the Texas Department of          Disciplinary Procedure, in Case No.
  Board Certified, Civil Trial Law                 Criminal Justice. Roberts appealed the       5191, styled, The State of Texas v. Scott
     18 Years Trial Experience,                    conviction and on Dec. 18, 2010, the         Tidwell, in the 109th District Court of
        over 8 years with the                      Court of Appeals for the Fourth District     Winkler County.
        State Bar of Texas as                      of Texas issued its mandate affirming the
   Assistant Disciplinary Counsel                                                                   Tidwell was sentenced to 10 years in
                                                   conviction. BODA Cause No. 40196.            the custody of the Institutional Division
      The firm’s statewide                                                                      of the Texas Department of Criminal
       practice focuses on                             On Jan. 26, the Board of Disciplinary
         civil litigation,                                                                      Justice. The court suspended the con-
     attorney discipline and                       Appeals signed an agreed interlocutory       finement and placed Tidwell on commu-
       disability law, and                         order of suspension against Luther           nity supervision for 10 years. Tidwell
     professional liability.                       Jones [#10928000], 65, of El Paso. On        was also ordered to pay a fine in the
                                                   Aug. 22, 2011, Jones was found guilty of     amount of $4,000 and court costs of
   5252 Westchester, Suite 125                     conspiracy to commit wire fraud and          $305. The Board retains jurisdiction to
   Houston, Texas 77005                            deprivation of honest services and of        enter a final judgment when the criminal
   P.O. Box 25371                                  conspiracy to commit mail fraud and          appeal is final. BODA Cause No. 49518.
   Houston, Texas 77265
                                                   deprivation of honest services, intention-
   713.667.6900
   713.667.6904 FAX                                al crimes as defined in the Texas Rules of      On Jan. 31, the Board of Disciplinary
   jennifer@hasleyscarano.com                      Disciplinary Procedure, in Case No. EP-      Appeals signed a final judgment of dis-
                                                   09-CR-1567-FM(1), styled, The United         barment against James Joseph Everett
       www.hasleyscarano.com
242 Texas Bar Journal • March 2012                                                                                      www.texasbar.com
[#06742100], 56, of Scottsdale, Ariz.            On Jan. 30, the Board of Discipli-
On Aug. 18, 2009, the Board of Disci-        nary Appeals signed a final judgment
plinary Appeals signed an interlocutory      suspending Patrick H. Cordero, Jr.
order of suspension against Everett          [#00787286], 43, of Midland, from the
because on Jan. 23, 2009, Everett was        practice of law for the term of his crimi-
found guilty of violating Title 18 U.S.C.    nal probation. On July 15, 2011,
§152(3), false declaration in bankruptcy     Cordero was placed on probation for five
proceedings; Title 18 U.S.C. §157,           years, including home confinement with
bankruptcy fraud; and Title 18 U.S.C.        electronic monitoring for one year and
§1956(a)(1)(B)(i), money laundering/         ordered to complete 300 hours of com-
concealment, intentional crimes as           munity service; to pay a fine of $10,000,
defined in the Texas Rules of Discipli-      an assessment of $100, and restitution of
nary Procedure, in Cause No. CR 06-          $170,101.80; and to forfeit to the Unit-
00795-001-PHX-JAT, styled, United            ed States a money judgment in the
States of America v. James Joseph Everett,   amount of $245,718.75 in Cause No.
in the U.S. District Court for the Dis-      7:11-CR-060-02 RAJ styled, United
trict of Arizona.                            States of America v. Patrick Cordero, in
    Everett was sentenced to 13 months       the U.S. District Court for the Western
in the custody of the U.S. Bureau of         District of Texas, Midland Division,
Prisons, followed by supervised release      after Cordero pleaded guilty to aiding
for three years, and ordered to pay a fine   and abetting wire fraud in violation of
of $7,500 and an assessment of $3,300.       18 U.S.C. §1343 and 18 U.S.C. §2, an
    On Nov. 8, 2010, the U.S. Court of       intentional crime as defined in the Texas
Appeals for the Ninth Circuit affirmed       Rules of Disciplinary Procedure. The
his conviction and issued its mandate.       criminal judgment is final. BODA             Will you REPRESENT YOURSELF?
Everett answered, but failed to appear at    Cause No. 49554.                              Socrates did and how did that
the hearing. BODA Cause No. 44745.                                                                turn out for him?
                                                On Feb. 1, the Board of Disciplinary
    On Jan. 31, the Board of Disciplinary    Appeals affirmed the judgment of dis-                            GRIEVANCE
Appeals signed a final judgment disbar-      barment of Beatrice E. Oliver
                                                                                                                & LEGAL
ring Robert Leonadis “Pete” McKin-           [#00789847], 57, of Webster, signed by
ney [#13723400], 61, of Houston. On          an evidentiary panel of the District 4-D                        MALPRACTICE
May 12, 2011, McKinney was sentenced         Grievance Committee on Feb. 12, 2011,                              DEFENSE
to prison for four months, followed by       in Case No. H0090520967. BODA
supervised release for three years, and      Cause No. 48339.
ordered to pay a fine of $250,000 and an
assessment of $100 in Cause No.                 On Feb. 1, the Board of Disciplinary
1:11CR00059-001 styled, United States        Appeals affirmed the judgment of dis-        BRUCE A. CAMPBELL
of America v. Robert L. McKinney, in the     barment      of     David       Robertson
U.S. District Court for the Northern         [#17052600], 58, of Longview, signed         OVER 25 YEARS EXPERIENCE IN
                                                                                           DISCIPLINARY MATTERS AND
District of Ohio, Eastern Division, after    by an evidentiary panel of the District 4-
                                                                                          LEGAL MALPRACTICE DEFENSE
McKinney pleaded guilty to conspiracy        2 Grievance Committee on March 7,
to commit bribery in federally funded        2011, in Case No. D0011039322.                     STATEWIDE PRACTICE
programs in violation of 18 U.S.C. §371      BODA Cause No. 48769.
(18 U.S.C. §666), an intentional crime          Editor’s Note: David W. Robertson           CAMPBELL & CHADWICK, PC
as defined in the Texas Rules of Discipli-   [#17053500], of Austin, is not the attor-       4201 SPRING VALLEY RD.
nary Procedure.                              ney referred to in this action.                       SUITE 1250
    The criminal judgment is final.                                                            DALLAS, TX 75244
BODA Cause No. 48984.                            On Feb. 1, the Board of Disciplinary         972-277-8585 (O)
    Editor’s Note: Robert McKinney           Appeals affirmed the judgment of par-             972-277-8586 (F)
[#00784572], of Austin, is not the attor-    tially probated suspension of Kristin            INFO@CLLEGAL.COM
ney referred to in this action.              Diane Wilkinson [#24037708], 48, of            CAMPBELLCHADWICK.COM

www.texasbar.com/tbj                                                                        Vol. 75, No. 3 • Texas Bar Journal 243
                                               Houston, signed by an evidentiary panel     was a violation of Rule 8.04(a)(3) to
                                               of the District 4-E Grievance Committee     issue a subpoena over his name and bar
                                               on Jan. 21, 2011, in Case No.               card number while administratively sus-
                                               H0080827321. Wilkinson remains on           pended from the practice of law.
                                               active suspension until April 30, 2013,         The Board rendered the same sanc-
                                               with the remainder probated until May       tion as the evidentiary panel: a 60-day
                                               1, 2015. BODA Cause No. 48195.              active suspension served from Feb. 16,
                                                                                           2011, to April 17, 2011. BODA Cause
                                                   On Feb. 1, the Board of Disciplinary    No. 48195.
                                               Appeals affirmed in part and reversed in
                                               part the judgment of active suspension          On Feb. 1, the Board of Disciplinary
                                               of Daniel A. Bass [#01875695], 55, of       Appeals signed a judgment of public rep-
                                               San Antonio, signed by an evidentiary       rimand of Peggy J. Lee [#12130500],
                                               panel of the District 10-2 Grievance        63, of Memphis, Tenn. Lee entered an
                                               Committee, on March 10, 2011, in Case       appearance but did not answer or appear.
                                               No. S0100922631.                            On Feb. 16, 2011, the Supreme Court of
                                                   The Board affirmed the finding that     the State of Tennessee at Nashville issued
                                               Bass violated Texas Disciplinary Rule of    a public censure against Lee in a matter
                                               Professional Conduct 8.04(a)(11) and        styled: PEGGY J. LEE, BPR #009013
                                               reversed the finding that he did not vio-   An Attorney Licensed to Practice Law in
                                               late Rule 8.04(a)(3), concluding that it    Tennessee (Shelby County), No.
                                                                                           M2011-00331SC-BPO-BP, BOPR no.
                                                                                           2005-1531-9-LC. In accordance with
                                                                                           Part IX of the Texas Rules of Discipli-
                                                                                           nary Procedure, Lee is publicly repri-
                                                                                           manded. BODA Cause No. 48981.

     NED BARNETT                                                                           JUDICIAL ACTION
                                                                                               On Jan. 3, the State Commission on
                                                                                           Judicial Conduct issued a public admo-
                                                                                           nition against Bobby R. Nicholds, jus-
                                                                                           tice of the peace, Precinct 3, Trinity
                                       CRIMINAL                                            County. The Commission found that
                                                                                           Nicholds allowed his relationship with a

                                       DEFENSE                                             criminal defendant and her mother to
                                                                                           influence his conduct and judgment,
                                                                                           causing him to repeatedly intercede in a
                                                                                           pending criminal matter on behalf of the
                                       Defending Texans Since 1994                         defendant. The judge’s activities on
                                                                                           behalf of the defendant lent the prestige
                                                                                           of his judicial office to advance her and
     Former Assistant United States Attorney                                               her mother’s interests, particularly when
     Former Assistant District Attorney                                                    he contacted the prosecutor and the dis-
     Founding Member of the National College of DUI Defense                                trict judge in an attempt to influence
     of Counsel Williams Kherkher Hart Boundas, LLP                                        them to discharge her second bond and
                                                                                           to release her from custody on her first
                                                                                           bond and attempted to influence law
     Law Offices of Ned Barnett                                                            enforcement officials to curtail any
     8441 Gulf Freeway, Suite 600 • Houston, Texas 77017                                   investigation into possible ongoing crim-
     713-222-6767                                                                          inal activities by the criminal defendant.
     www.nedbarnettlaw.com                                                                 The Commission concludes that Judge
                                                                                           Nicholds’ conduct in this matter consti-
      Board Certified in Criminal Law by the Texas Board of Legal Specialization
244 Texas Bar Journal • March 2012                                                                                www.texasbar.com
                                                                                               RELIABLE.
tuted willful and/or persistent violation     She agreed to pay $1,100 in attorney’s
of Canon 2B of the Texas Code of Judi-        fees and expenses.
cial Conduct.
                                                  On Jan. 11, Juan Antonio Vega
SUSPENSIONS                                   [#00795697], 43, of San Antonio,
    On Nov. 23, 2011, Charles Dee             accepted a 15-month, fully probated sus-
Septowski [#18032325], 57, of St.             pension effective March 1, 2013. An evi-
Louis, Mo., received a one-year, partially    dentiary panel of the District 10-1
probated suspension effective Dec. 1,         Grievance Committee found that Vega
2011, with the first month actively           neglected a client representation and
served and the remainder probated. The        failed to respond to the grievance.
126th District Court of Travis County             Vega violated Rules 1.01(b)(1) and
found that Septowski was suspended            8.04(a)(8). He was ordered to pay $800
from the practice of law from Sept. 1,        in attorney’s fees and expenses and
2009, to Jan. 7, 2010, for failure to pay     $1,000 in restitution.
State Bar dues and that on Oct. 23,               On Jan. 11, Vega accepted a 15-
2009, while suspended, Septowski filed a      month, fully probated suspension effec-
divorce on behalf of his client in            tive March 1, 2013. An evidentiary panel
Williamson County. The Court further          of the District 10-1 Grievance Commit-
found that on Nov. 2, 2009, while sus-        tee found that Vega failed to return a
pended, Septowski appeared in court in        client file and to respond to the grievance.
an attempt to finalize the divorce.               Vega violated Rules 1.15(d) and
   Septowski violated Rules 8.04(a)(1)        8.04(a)(8). He was ordered to pay $800
and (a)(11). He was ordered to pay            in attorney’s fees and expenses.
$11,000 in attorney’s fees and costs.
                                                  On Jan. 27, John S. Chase, Jr.
    On Dec. 15, Kennitra M. Foote             [#04149100], 59, of Houston, accepted
[#24029552], 39, of Houston, accepted         a three-year, partially probated suspen-
a two-year, partially probated suspension     sion effective Jan. 31, with the first six
effective Dec. 15, with the first three       months actively served and the remain-         Experience when you need it
months actively served and the remain-        der probated. An evidentiary panel of          most. When you’re being served,
der probated. An evidentiary panel of         the District 4-E Grievance Committee           you shouldn’t have to wonder if
the District 4-A Grievance Committee          found that in representing a client,           you can count on your malpractice
found that in connection with represen-       Chase failed to maintain communication
                                                                                             carrier. There’s never a more
tation in a personal injury matter, Foote     with the client. Upon Chase’s settlement
failed to explain an offer of settlement to   of the client’s matter, Chase failed to        important time for reliable, up-
the extent reasonably necessary to permit     notify the client of his receipt of settle-    to-date liability insurance. Texas
the client to make an informed decision       ment funds and to promptly forward any         Lawyers’ Insurance Exchange has
regarding the offer of settlement and to      funds to the client. Chase converted the       been a steadfast provider with
abide by the client’s decision of whether     funds for his own use, but repaid the          reasonable rates for over 30 years.
to accept the settlement offer. Upon          funds prior to a scheduled disciplinary
                                                                                             Look to TLIE for experience you can
receiving settlement funds in which the       hearing. Chase commingled his own
client had an interest, Foote failed to       funds with the client’s settlement funds.      count on.
promptly notify the client of her receipt     Chase failed, upon the conclusion of a
of the funds and to promptly deliver set-     contingent fee matter, to provide the
tlement funds the client was entitled to      client with a written statement describ-
receive.                                      ing the outcome of the matter and show-
    Also, Foote failed to withdraw from       ing the remittance to the client and the
representing the client after she had been    method of its determination.
discharged.                                       Chase violated Rules 1.03(a), 1.04(c),
    Foote violated Rules 1.02(a)(2),          and 1.14(a) and (b). He agreed to pay            512.480.9074 / 1.800.252.9332
1.03(a) and (b), 1.14(b), and 1.15(a)(3).     $1,384.04 in attorney’s fees and costs. J      INFO@TLIE.ORG WWW.TLIE.ORG

www.texasbar.com/tbj                                                                           Vol. 75, No. 3 • Texas Bar Journal 245

				
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