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84 Texas Bar Journal • January 2015 texasbar.com
Supreme Court of Oklahoma in Stateof Oklahoma, ex rel, Oklahoma BarAssociation, Complainant v. James DavidOgle, Respondent, SCBD 5940 Comp.w/SCBD 5902 for charges that aroseout of actions that led to Ogle’s pleaof guilty to the misdemeanor crimeof obstruction of a public officer.Ogle is suspended from the practiceof law in Texas for two years and oneday, from Oct. 2, 2014, to Oct. 2,2016. BODA Cause No. 54879.
On Oct. 2, 2014, the Board of Disci-plinary Appeals signed an agreed judg-ment of fully probated suspensionagainst Broomfield, Colorado, attorneyJohn William Tinder II [#24003060],43. On or about April 10, 2014, Tinderwas suspended from the practice of lawfor six months, stayed upon the success-ful completion of a two-year probationby the Colorado Supreme Court inComplainant: The People of the State ofColorado, Respondent: John William Tin-der, in Case No. 14 PDJ 032. Tinder issuspended from the practice of law inTexas for six months, suspension stayedupon the successful completion of atwo-year probation from Oct. 2, 2014,to Oct. 1, 2016. BODA Cause No.54878.
On Oct. 24, 2014, the Board ofDisciplinary Appeals signed a judgmentof disbarment against Boerne attor-ney Mark Adrian Clark [#04292200],58. On or about Feb. 7, 2011, Clarkwas found guilty of attempted sexualperformance of a child, an intentionalcrime as defined in the Texas Rules ofDisciplinary Procedure, in case num-ber CR2010-276 styled, The State ofTexas v. Mark A. Clark, in the 207thJudicial District Court of ComalCounty. Clark was sentenced toseven years in the custody of theCorrectional Institutions Division of
the Texas Department of CriminalJustice and ordered to pay a fine inthe amount of $10,000 and court costsin the amount of $533. On March 28,2011, BODA signed an agreed inter-locutory order of suspension pendingthe appeal of his conviction. On July28, 2014, the 3rd Court of Appeals inTexas affirmed the criminal convic-tion and issued its mandate. Clark didnot answer the motion for entry offinal judgment or appear at the hear-ing. BODA Cause No. 48191.
On Oct. 24, 2014, the Board ofDisciplinary Appeals signed a defaultjudgment of disbarment against El Pasoattorney Antonio Reyes [#24071139],35. On June 26, 2014, Reyes was sen-tenced to 33 months in prison, fol-lowed by supervised release for threeyears after pleading guilty to conspir-acy to commit wire fraud and thedeprivation of honest services, anintentional crime as defined in theTexas Rules of Disciplinary Proce-dure, in United States of America v.Antonio Reyes, Case No. EP-13-CR-2384-KC in the U.S. District Courtfor the Western District of Texas, ElPaso Division. Reyes did not answeror appear. BODA Cause No. 54881.
On Oct. 24, 2014, the Board ofDisciplinary Appeals signed a judg-ment of disbarment against Houstonattorney Buffy Marie Lawrence[#24052821], 43. On April 1, 2014,Lawrence was sentenced to 12 monthsand one day in prison, followed bysupervised release for three yearsafter pleading guilty to conspiracy tocommit wire fraud, an intentionalcrime as defined in the Texas Rules ofDisciplinary Procedure, in United Statesof America v. Buffy Marie Lawrence,Case No. H-11-575 in the U.S. Dis-trict Court for the Southern District
BODA
On Oct. 7, 2014, the Board of Dis-ciplinary Appeals signed an agreedjudgment of indefinite disability sus-pension against El Paso attorney H.Tati Santiesteban [#17644000], 81,in accordance with Part XII of the TexasRules of Disciplinary Procedure andSection 8 of the BODA Internal Pro-cedural Rules. BODA Cause No. 55094.
On Oct. 2, 2014, the Board of Dis-ciplinary Appeals signed an agreedjudgment of suspension againstOklahoma City, Oklahoma, attorneyJames David Ogle [#24047540], 46.On or about Oct. 1, 2013, Ogle wassuspended from the practice of lawfor two years and one day by the
eneral questions regarding attorney discipline should be directed to the Office of Chief Disciplinary Counsel, toll free at (877) 953-5535or (512) 453-5535. The Board of Disciplinary Appeals may be reached at (512) 475-1578. Information and copies of orders are availableat txboda.org. The State Com mission on Judicial Conduct may be contacted toll free at (877) 228-5750 or (512) 463-5533. Please note
that per sons disciplined by the commission are not necessarily licensed attorneys.G
DISCIPLINARY ACTIONS
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
texasbar.com/tbj Vol. 78, No. 1 • Texas Bar Journal 85
of Texas, Houston Division. BODACause No. 54395.
On Oct. 28, 2014, the Board of Disci-plinary Appeals affirmed the judgmentof disbarment against Austin attorneyCraig F. Sandling [#17621700], 60,signed by an evidentiary panel of theDistrict 9-3 Grievance Committeeon July 1, 2013, in Case No.A0041214451. The board affirmed thefindings that Sandling violated TexasDisciplinary Rules of Professional Con-duct 1.14(a), 1.14(c), 1.15(d), and8.04(a)(1). BODA Cause No. 53112.
On Oct. 28, 2014, the Board ofDisciplinary Appeals affirmed thejudgment of public reprimand againstSan Antonio attorney William L.Baskette [#01871400], 59, signed byan evidentiary panel of the District10-4 Grievance Committee on Jan.30, 2014, in Case No. 201301252.The board affirmed the findings thatBaskette violated Texas DisciplinaryRules of Professional Conduct 1.03(a)and 1.15(d). BODA Cause No. 53819.
On Oct. 29, 2014, the Board ofDisciplinary Appeals dismissed forwant of prosecution the appeal ofHouston attorney Jon Phillip Thomas[#24037593], 36, from a judgment offully probated suspension signed onFeb. 24, 2014, by an evidentiary panelof the District 4-6 Grievance Com-mittee in Case No. A0021214319.Thomas did not file a brief, and theboard issued an order to show causeto Thomas on Aug. 15, 2014. Theshow cause order gave him 30 days torespond and show cause as to why theappeal should not be dismissed forwant of prosecution. Thomas did notrespond. BODA Cause No. 53980.
On Oct. 28, 2014, the Board ofDisciplinary Appeals affirmed thejudgment of disbarment against Hous-ton attorney Elene B. Glassman[#08016000], 72, signed by an evi-dentiary panel of the District 4-6
property], and 1.15(a) [upon termi-nation of representation, a lawyershall take steps to the extent reason-ably practicable to protect a client’sinterests, such as giving reasonablenotice to the client, allowing timefor employment of other counsel,surrendering papers and property towhich the client is entitled, andrefunding any advance payment offee that has not been earned].
Harssema was ordered to pay$3,454.82 in attorneys’ fees and directexpenses.
Harssema had until Nov. 23, 2014,to file an appeal.
SUSPENSIONS
On Oct. 29, 2014, RosendoAlmaraz Jr. [#24010645], 41, ofWeslaco, accepted a one-month fullyprobated suspension effective Dec. 1,2014. The 93rd District Court ofHidalgo County found that Almaraz
Grievance Committee on June 18,2013, in Case No. H0051132998.The board affirmed the findings thatGlassman violated Texas DisciplinaryRules of Professional Conduct 3.01and 3.02. BODA Cause No. 53021.
DISBARMENTS
On Oct. 24, 2014, Michael EdwardHarssema [#24012794], 42, of Dal-las, was disbarred. The 14th JudicialDistrict Court of Dallas Countyfound that Harssema committed pro-fessional misconduct by violatingRules 1.03(a) [a lawyer shall keep aclient reasonably informed about thestatus of a matter and promptly complywith reasonable requests for informa-tion], 1.14(a) [a lawyer shall holdfunds and other property belongingin whole or in part to clients or thirdpersons that are in a lawyer’s posses-sion in connection with a represen-tation separate from the lawyer’s own
DISCIPLINARY ACTIONS
Two Riverway, Suite 1080Houston, Texas 77056
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Jennifer A. Hasley Board Certified, Civil Trial law
Texas Board of Legal Specialization 20 Years Trial Experience
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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
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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
86 Texas Bar Journal • January 2015 texasbar.com
for want of prosecution. Barnes failedto keep complainant reasonablyinformed about the status of her mat-ter; failed to promptly comply withreasonable requests for informationfrom complainant; failed to explainthe matter to the extent reasonablynecessary to permit complainant tomake informed decisions regardingthe representation; and failed to timelyfurnish to the Office of Chief Discipli-nary Counsel a response or otherinformation as required by the TexasRules of Disciplinary Procedure anddid not in good faith timely assert aprivilege or other legal ground for fail-ure to do so. Barnes engaged in con-duct involving dishonesty, fraud,deceit, or misrepresentation.
Barnes violated Rules 1.01(b)(1),1.01(b)(2), 1.03(a), 1.03(b), 8.04(a)(3),and 8.04(a)(8). He was ordered topay $3,909.96 in attorneys’ fees and$1,100 in restitution.
On Nov. 13, 2014, Thomas DainBracey [#02805200], 62, of SanAntonio, accepted a one-year fullyprobated suspension effective Dec. 1,2014. The District 10 GrievanceCommittee found that Bracey engagedin the practice of law while his lawlicense was administratively suspended.
Bracey violated Rule 8.04(a)(11)and was ordered to pay $500 in attor-neys’ fees and direct expenses.
On Nov. 3, 2014, Raymond L.Hopson Jr. [#00795426], 61, ofRoyse City, received a six-monthfully probated suspension effectiveNov. 1, 2014. An evidentiary panelof the District 6 Grievance Commit-tee found that Hopson filed plead-ings in the County Court at Law No.1 of Hunt County that containedfalse statements of material fact.
Hopson violated Rule 3.03(a)(1).He was ordered to pay $3,500 inattorneys’ fees.
On Oct. 20, 2014, Raul H. Loya[#00791142], 50, of Dallas, received
expenses in connection with anysuch agreement that is not confirmedin that way]; and 5.03 [a non-lawyeremployed or retained by or associatedwith a lawyer, a lawyer having directsupervisory authority over the non-lawyer shall make reasonable effortsto ensure that the person’s conduct iscompatible with the professionalobligations of the lawyer].
Almaraz was ordered to pay $1,500in attorneys’ fees.
On May 29, 2014, GeorgeMichael Barnes [#01767100], 60, ofFort Worth, received a three-yearactive suspension effective June 1,2014. The District 7 Grievance Com-mittee found that Barnes neglectedthe legal matter entrusted to him, fre-quently failed to completely carry outthe obligations owed to complainantby failing to appear at a court hearingand allowing the case to be dismissed
violated Rules 1.04(f)(2) [a divisionor arrangement for division of a feebetween lawyers who are not in thesame firm may be made only if theclient consents in writing to theterms of the arrangement prior to thetime of the association or referralproposed]; 1.04(g) [every agreementthat allows a lawyer or law firm toassociate other counsel in the repre-sentation of a person, or to refer theperson to other counsel for such rep-resentation, and that results in suchan association with or referral to adifferent law firm or a lawyer in sucha different firm, shall be confirmedby an arrangement conforming toparagraph (f) consent by a client or aprospective client without knowl-edge of the information specified insubparagraph (f)(2) does not consti-tute a confirmation within themeaning of this rule. No attorneyshall collect or seek to collect fees or
DISCIPLINARY ACTIONS
Will you RREPRESENT YOURSELF? Socrates did and how did that
turn out for him?
BRUCE A. CAMPBELL OVER 25 YEARS EXPERIENCE IN
DISCIPLINARY MATTERS AND
LEGAL MALPRACTICE DEFENSE
STATEWIDE PRACTICE
CAMPBELL & CHADWICK, PC 4201 SPRING VALLEY RD.
SUITE 1250 DALLAS, TX 75244
972-277-8585 (O) 972-277-8586 (F)
[email protected] CAMPBELLCHADWICK.COM
GRIEVANCE & LEGAL
MALPRACTICE
DEFENSE
texasbar.com/tbj Vol. 78, No. 1 • Texas Bar Journal 87
dure. Wright did not in good faithtimely assert a privilege or other legalground for failure to do so.
Wright violated Rules 8.04(a)(8)and 8.04(a)(11). She was ordered topay $1,687.48 in attorneys’ fees anddirect expenses.
PUBLIC REPRIMANDS
On Oct. 10, 2014, Maria DamiselaChavira-Brown [#24045190], 50, ofSan Antonio accepted a judgment ofpublic reprimand. The District 10Grievance Committee found thatChavira-Brown failed to keep aclient reasonably informed and failedto explain a matter to the extent rea-sonably necessary to permit a clientto make informed decisions.
Chavira-Brown violated Rules1.03(a) and 1.03(b) and wasordered to pay $1,500 in restitutionand $900 in attorneys’ fees anddirect expenses. TBJ
a one-year partially probated suspen-sion effective Oct. 31, 2014, with thefirst six months actively suspendedand the remainder probated. An evi-dentiary panel of the District 6Grievance Committee found that inthe course of representing com-plainant, Loya failed to withdrawfrom the representation when he wasdischarged, failed to surrender papersand property to which complainantwas entitled, and failed to refund anyadvance payment of fee that had notbeen earned.
Loya violated Rules 1.15(a)(3) and1.15(d). He was ordered to pay$1,500 in attorneys’ fees and $1,500in restitution.
On Oct. 7, 2014, H. Tati Santi-esteban [#17644000], 81, of El Paso,agreed to an indefinite disability sus-pension effective Oct. 7, 2014.
On Nov. 17, 2014, EduardoRamon Vasquez [#00789703], 63,of El Paso, accepted a 10-month fullyprobated suspension effective Nov. 1,2014. The District 17 GrievanceCommittee found that Vasquez failedto hold client funds separate from hisown property.
Vasquez violated Rule 1.14(a) andwas ordered to pay $800 in attorneys’fees and direct expenses.
On Nov. 12, 2014, Martha C.Wright [#22048800], 56, of GrandPrairie, received a one-year fully pro-bated suspension effective Dec. 1,2014. An evidentiary panel of theDistrict 6 Grievance Committeefound that Wright engaged in thepractice of law when her right topractice had been administrativelysuspended for failure to comply withArticle XII of the State Bar Rulesrelating to mandatory continuinglegal education. Wright failed totimely furnish to the Office of ChiefDisciplinary Counsel a response orother information as required by theTexas Rules of Disciplinary Proce-
AFFIRMED
Judgment upheld. TLIE was voted best in Texas.
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NEDBARNETT
CRIMINALDEFENSEDefending TexansSince 1994
Former Assistant United States AttorneyFormer Assistant District AttorneyFounding Member of the National College of DUI Defense of Counsel Williams Kherkher Hart Boundas, LLP
Law Offices of Ned Barnett8441 Gulf Freeway, Suite 600Houston, Texas 77017
713-222-6767www.nedbarnettlaw.com
Board Certified in Criminal Law by theTexas Board of Legal Specialization
