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 and copies of actual orders are available at www.txboda.org. The State Com mission on Judicial Conductmay be contacted toll-free, (877)228-5750 or (512)463-5533. Please note that per sons disciplined by the Commissionon Judicial Conduct are not necessarily licensed attorneys.

890 Texas Bar Journal • November 2007 www.texasbar.com

DISBARMENTSOn May 17, 2007, Catherine M.

Shelton [#13902800], 59, of Dallas,was disbarred. An evidentiary panelof the District 4-B Grievance Com-mittee found that in one matter,Shelton filed a motion for new trialon behalf of her client, which wasgranted. The court later realized thatit had mistakenly granted the motion

and that order was set aside. Thecourt set the matter for hearing ontwo separate occasions; however,Shelton failed to appear. As a result,the court denied the motion for newtrial.

In a second matter, Shelton wasretained in a criminal appeal matter.Shelton neglected the case when shefailed to perform any legal services,and further failed to refund anyunearned fees. Moreover, Sheltonfailed to respond to the client’snumerous requests for informationconcerning the status of his case andfailed to maintain adequate commu-nication with her client to enable himto make informed decisions regardingthe representation.

In a third matter, Shelton was lateto court for jury selection in a crimi-nal trial and had to be brought tocourt by the sheriff. Notwithstandingearlier admonishments by the court,Shelton appeared late for the next dayof trial. The court issued a prelimi-nary order of contempt. Sheltonthereafter failed to appear for thecontempt hearing. She was arrestedand subsequently released on bond.Shelton also failed to appear at thesecond setting of the contempt hear-ing. She was arrested and later foundguilty of contempt.

Shelton violated Rules 1.01(b)(1)and (b)(2), 1.03(a) and (b), 1.14(a),1.15(d), 3.04(c)(5) and (d), and8.04(a)(4). She was ordered to pay$20,000 in restitution and $1,505 inattorney’s fees and costs.

RESIGNATIONSOn Aug. 27, 2007, the Supreme

Court of Texas accepted the resigna-tion, in lieu of discipline, of Jerry L.Weinstein [#21096600], 63, of Dal-las. At the time of Weinstein’s resigna-tion, there were four disciplinarymatters pending against him. In thefirst matter, the complainant paidWeinstein $1,824 for representationin a bankruptcy. Thereafter, Weinsteinfailed to file the bankruptcy petitionand failed to respond to the com-plainant’s numerous requests forinformation regarding the status ofthe case.

In the second matter, the com-plainant hired Weinstein in connec-tion with a bankruptcy and paidWeinstein $1,225 toward the repre-sentation. Weinstein failed to performany legal services.

In the third matter, the com-plainant contacted Weinstein regard-ing a pending civil matter. Weinsteininstructed the complainant to deposit$57,428.15 into Weinstein’s account,to be held in trust. Later, the com-plainant demanded the money back,as a result of which in March 2007,Weinstein wrote a check to thecomplainant in the amount of$57,428.15. The check was returnedfor insufficient funds.

In the fourth matter, the com-plainant hired Weinstein to file aChapter 7 bankruptcy petition. Thecomplainant paid Weinstein $1,449.The complainant was told by Wein-stein’s office on numerous occasions

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Disciplinary Actions Nov 2007:LOM may 05 10/21/07 7:57 PM Page 1

that they were working on her case;however, Weinstein failed to file thebankruptcy petition. In addition,Weinstein closed his law office andfailed to refund unearned fees to hisclients.

Weinstein violated Rules 1.01(b)(1);1.03(a); 1.14(a), (b), and (c); 1.15(d);and 8.04(a)(3).

SUSPENSIONSOn Aug. 24, 2007, James L.

Guinan [#08597800], 43, of Dallas,received a three-month, active suspen-sion effective July 9, 2007. A panel ofthe District 6-A Grievance Committeefound that on Jan. 17, 2005, the com-plainant employed Guinan to appealthe criminal conviction of the com-plainant’s minor son. Guinan filed anotice of appeal on Jan. 19, 2005.Guinan subsequently failed to do anyfurther work on the appeal. Guinanfailed to reply to the complainant’sproper requests for informationregarding the status of the appeal.Guinan also failed to respond to thecomplaint.

Guinan violated Rules 1.03(a) and8.04(a)(8). He was ordered to pay$1,562 in attorney’s fees.

On July 24, 2007, Lanease Dick-ens-Fuller [#07522750], 47, of Mis-souri City, received a 36-month, fullyprobated suspension effective Sept. 1,2007. An evidentiary panel of the Dis-trict 4-A Grievance Committee foundthat in one matter, Dickens-Fuller washired to represent a family in a person-al injury matter. The cases settled, andeven though Dickens-Fuller wasdirected to pay all medical providers,she failed to do so. Dickens-Fuller laterattempted to pay a medical provider,but the payments were made on aclosed account. Furthermore, Dickens-

the complainant employed Marsaw todefend a traffic citation. Marsaw neg-lected the matter, resulting in a war-rant being issued. Marsaw failed totake any action to set aside the arrestwarrant and subsequently the com-plainant was contacted by a TexasDepartment of Public Safety officerwith an arrest warrant. The com-plainant paid a $408 warrant fee and a$60 fee to the Texas Department ofPublic Safety to avoid being arrested.

In the second matter, the com-plainant employed Marsaw to defendtraffic citations in Lindale and MountPleasant. In the Lindale matter, a pre-trial hearing was scheduled for May

Fuller commingled funds in her trustaccount when she used those funds,including those belonging to the fami-ly, for her own personal use and bene-fit to make payments for rent, utilities,payroll, and at various stores. Dickens-Fuller also failed to respond to herclient’s numerous phone calls. Addi-tionally, Dickens-Fuller filed a lateresponse to the grievance.

In the second matter, Dickens-Fuller appeared in court on behalf of aclient in a family law matter whereinshe filed pleadings and engaged insettlement negotiations; however,Dickens-Fuller was administrativelysuspended from the practice of law.Dickens-Fuller also filed a late responseto the grievance.

Dickens-Fuller violated Rules1.01(b)(2); 1.03(a); 1.14(a), (b), and(c); 1.15(a)(1); 5.05(a); 8.04(a)(3),(a)(8), (a)(11), and (a)(12); and 15.10.She was ordered to pay $9,650 in resti-tution and $4,469.19 in attorney’s feesand costs.

On July 5, 2007, Eugene X. Mercier[#13946700], 48, of Corpus Christi,accepted a one-year, active suspensioneffective July 1, 2007. The 319th Dis-trict Court of Nueces County foundthat in six representations, Mercierundertook representations and failedto communicate with the clients, neg-lected the cases, and failed to render acomplete accounting of funds receivedand disbursed on behalf of a client.

Mercier violated Rules 1.01(b)(1),1.03(b), and 1.14(b).

On Sept. 7, 2007, Terry L. Marsaw[#00786085], 52, of Dallas, accepted a60-day, active suspension effectiveSept. 1, 2007. A panel of the District6-A Grievance Committee found thatin the first matter, in January 2006,

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892 Texas Bar Journal • November 2007 www.texasbar.com

file, but Barkley failed to comply withthe request.

Barkley violated Rules 1.01(b)(1)and (b)(2), 1.03(a) and (b), 1.15(d),and 8.04(a)(8). He was ordered to pay$1,100 in attorney’s fees and costs and$9,100 in restitution.

On Aug. 3, 2007, Michael E.Harssema [#24012794], 35, of Dallas,accepted a three-year, partially probatedsuspension effective immediately uponthe conclusion of Harssema’s currentindefinite disability suspension. The189th District Court of Harris Countyfound that in several matters, Harssemaneglected the representations, failed tocommunicate with the clients, failed toprotect the clients’ interests, and failedto return the client files when he closedhis office and ceased practice.

Harssema violated Rules 1.01(b)(1),1.03(a), and 1.15(d).

On Sept. 13, 2007, Thomas A.Nagler [#14779800], 59, of Dallas,accepted a five-year, partially probatedsuspension effective Nov. 1, 2007,with the first two years actively servedand the remainder probated. A panelof the District 6-A Grievance Com-mittee found that Nagler representedthe independent executor of an estate.Nagler failed to promptly distributethe assets of the estate to the benefici-aries. Nagler further failed to promptlypay a claim on the estate, misrepresent-ing to the attorney for the claimantthat all assets of the estate had alreadybeen distributed to the beneficiaries.

Nagler violated Rules 1.14(b) and8.04(a)(3). He was ordered to pay$1,312.50 in attorney’s fees.

On Aug. 8, 2007, Edward J.Drake III [#06106100], 52, of Dallas,received a two-year, fully probated sus-

31, 2005. The complainant appeared,but Marsaw failed to appear at trial. Inthe Mount Pleasant matter, Marsawfailed to appear at trial, and the courtentered a finding of guilty. Marsawfailed to inform the complainant hehad not appeared on his behalf. Mar-saw failed to take any action in thematter until he received notice and acopy of the complaint. In both mat-ters, Marsaw failed to file timelyresponses to the grievances.

Marsaw violated Rules 1.01(b)(1)and (b)(2), 1.03(a), and 8.04(a)(8).He was ordered to pay $1,180 inattorney’s fees and costs and $618 inrestitution.

On Sept. 6, 2007, William ClintBarkley [#24038759], 34, of Dallas,accepted a two-year, fully probatedsuspension effective Sept. 1, 2007. TheDistrict 6-A Grievance Committeefound that in the first matter, the com-plainant hired Barkley to representhim in an immigration matter relatingto a deportation notice. The com-plainant paid a $5,000 retainer for therepresentation. At a hearing in Decem-ber 2005, it was agreed that the com-plainant would voluntarily depart theUnited States and that Barkley wouldfile the proper paperwork that wouldallow for the complainant’s return.Thereafter, Barkley failed to preparethe paperwork and failed to respond tothe complainant’s requests for infor-mation regarding the status of his case.The complainant terminated Barkley’sservices by letter dated Jan. 30, 2006,in which he demanded a return ofunearned fees and his file, but Barkleyfailed to respond.

In the second matter, the com-plainant hired Barkley to represent herson in the filing of a writ of habeas cor-pus. Barkley was paid $5,000 for therepresentation. Thereafter, Barkleyfailed to timely file the writ, failed tocommunicate with the complainant orhis client, and failed to return theclient file upon demand. Further,Barkley was granted an extension torespond to the grievance, but failed todo so.

In the third matter, the com-plainant hired Barkley to handle achild custody matter on her behalf.The complainant paid Barkley $974for the representation. Thereafter,Barkley failed to perform any signifi-cant legal services and failed to com-municate with the complainant. Thecomplainant requested a refund of theunearned fees and the return of her

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pension effective Aug. 15, 2007. Apanel of the District 6-A GrievanceCommittee found that Drake washired to represent the complainant inan unlawful termination claim. Thecomplainant paid Drake $3,000 toobtain medical and employmentrecords from the complainant’s formeremployer. Thereafter, Drake failed toprovide any legal services and failed tokeep the complainant informed aboutthe status of the matter. Drake failed torespond to the grievance.

Drake violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8). He wasordered to pay $900 in restitution tothe complainant and $1,075.95 inattorney’s fees and costs.

On July 26, 2007, Michael Papania[#00795769], 49, of Nederland,received a one-year, partially probatedsuspension effective Oct. 1, 2007, withthe first three months actively servedand the remainder probated. An evi-dentiary panel of the District 3-AGrievance Committee found that thecomplainant hired Papania for represen-tation in a divorce case. The com-plainant paid Papania a retainer of$1,250 and an additional $1,500 for atrial fee. Papania failed to comply withnumerous requests for communication,failed to return the complainant’s file ina timely fashion, and failed to respondin writing to the grievance filed bythe complainant. Papania asserted nogrounds for the failure to respond.

Papania violated Rules 1.03(a) and(b), 1.15(d), 8.01(b), and 8.04(a)(8).He was ordered to pay $2,750 in resti-tution to the complainant and$1,289.95 in attorney’s fees and costs.

On Sept. 14, 2007, Matthew AlanSharp [#24004403], 33, of Mont-gomery, Ala., accepted a two-year, par-

respond to the complainant’s telephonecalls and email messages regarding thestatus of the matters or to communicatewith the complainant’s son directly.

Bragg violated Rule 1.03(a). He wasordered to pay $3,146.25 in attorney’sfees, $254.24 in costs, and $7,000 inrestitution.

Bragg has filed a timely appeal andit is currently pending. The Board ofDisciplinary Appeals has stayed thesuspension.

On Sept. 10, 2007, David NormanGetz [#00784123], 50, of Lubbock,agreed to a three-year, partially probat-ed suspension effective Oct. 4, 2007,

tially probated suspension effectiveSept. 15, 2007, with the first threemonths actively served and theremainder probated. The District 6-AGrievance Committee found that inDecember 2004, the complainant andher husband hired Sharp to handle apending lawsuit regarding the sale oftheir easement. Thereafter, Sharp failedto communicate with the complainantand her husband, failed to answer thedefendant’s motion for summary judg-ment, and failed to appear at a hearingon the motion. On July 12, 2006, afinal summary judgment was issuedand the complainant and her husbandwere ordered to pay attorney’s fees inthe amount of $22,200. Sharp failed toinform the complainant or her hus-band of the judgment or of the eventsleading up to the entry of the judg-ment. Further, Sharp failed to respondto the complaint or assert any groundsfor his failure.

Sharp violated Rules 1.01(b)(1) and(b)(2), 1.03(a) and (b), and 8.04(a)(8).He was ordered to pay $825 in attor-ney’s fees and costs.

On May 29, 2007, Jeffrey MarkBragg [#02859100], 44, of Plano,received a two-year, partially probatedsuspension effective June 18, 2007,with the first three months activelyserved and the remainder probated. Apanel of the District 1-A GrievanceCommittee found that on Jan. 12,2005, the complainant hired Bragg torepresent her son in a criminal matterinvolving three separate charges. Thecomplainant paid a retainer of $5,000in February 2005 and the complainantpaid Bragg an additional $3,000 to rep-resent her son in a petition to terminateparental rights. Bragg filed an answeron March 28, 2005. During the periodof the representations, Bragg failed to

www.texasbar.com/tbj Vol. 70, No. 10 • Texas Bar Journal 893

With the NEW PROCEDURAL RULES,it is more important than ever to hire

experienced counsel…

GRIEVANCE

DEFENSE

• Make proper presentation to avoid a hearing

But, if necessary:• District court trial

• Evidentiary panel hearing

JOHN GLADNEYFORMER CHIEF OF LITIGATIONOFFICE OF GENERAL COUNSEL,

STATE BAR OF TEXAS

OVER 20 YEARS EXPERIENCEIN DISCIPLINARY MATTERS

STATEWIDE PRACTICE

6901 CORPORATE DRIVESUITE 111

HOUSTON, TEXAS 77036

TEL.: (713) 995-6500 (O)(713) 995-6503 (F)

Disciplinary Actions Nov 2007:LOM may 05 10/21/07 7:58 PM Page 4

894 Texas Bar Journal • November 2007 www.texasbar.com

pay $2,690 in restitution and $475 inattorney’s fees and costs.

On Sept. 24, 2007, John ScottSteinberger [#00791726], 40, of ElPaso, accepted a one-year, fully probat-ed suspension effective Sept. 1, 2007.The District 17-A Grievance Commit-tee found that Steinberger neglectedthe representation and failed to keep hisclient informed about the status of thecase. Steinberger practiced law whileadministratively suspended and failedto timely respond to the grievance.

Steinberger violated Rules 1.01(b)(1)and (2), 1.03(a) and (b), and 8.04(a)(8)and (a)(11). He was ordered to pay$500 in attorney’s fees and expenses.

On Oct. 1, 2007, Donald T. Smith[#18568600], 48, of Fort Worth,received a one-year, partially probatedsuspension effective Oct. 1, 2007, withthe first month actively served and theremainder probated. A panel of theDistrict 7-A Grievance Committeefound that in December 2005, thecomplainant hired Smith to representher in a post-divorce matter concern-ing her ex-husband’s retirement bene-fits. Smith represented to thecomplainant that he could increase theamount that she was receiving inretirement payments from her ex-hus-band, plus recover money for backpayments she had never received.Thereafter, Smith failed to communi-cate with the complainant. By letterdated Sept. 20, 2006, the complainantterminated Smith’s services andrequested a refund of the $1,000 paidto Smith. Smith subsequently failed torespond to the complainant’s letter andfailed to return the unearned portionof the fee as requested. Smith failed torespond to the complaint.

Smith violated Rules 1.03(a), 1.15(d),and 8.04(a)(8). He was ordered to pay

with the first three months activelyserved and the remainder probated. Anevidentiary panel of the District 16-AGrievance Committee found Getzneglected a client’s personal injury caseand failed to properly communicatewith his client.

Getz violated Rules 1.01(b)(1) and1.03(a). He was ordered to pay $500in attorney’s fees and expenses.

On Oct. 11, 2007, Beverly J.Greely [#08347270], 54, of Houston,accepted a three-month, fully probatedsuspension effective Oct. 12, 2007. Anevidentiary panel of the District 4-EGrievance Committee found thatGreely was hired for representation in

a child custody matter and was paid aninitial retainer in the amount of$5,000. Per the contract, Greely was tocharge an hourly rate of $150 forattorney time against this retainer andthe client would thereafter be responsi-ble for additional attorney’s fees andcosts. Greely appeared with her clientfor mediation. On that same date, theclient’s ex-wife voluntarily withdrewher request for modification of childcustody. The client subsequentlyattempted to contact Greely by phoneand email, but Greely failed to respondto these inquiries. Greely also failed toreturn the unearned fees to the client.

Greely violated Rules 1.03(a),1.14(b), and 1.15(d). She agreed to

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.houstondwiattorney.com

Board Certified in Criminal Law by the Texas Board of Legal Specialization

Disciplinary Actions Nov 2007:LOM may 05 10/21/07 8:01 PM Page 5

www.texasbar.com/tbj Vol. 70, No. 10 • Texas Bar Journal 895

$1,966.04 in attorney’s fees and $1,000in restitution.

REPRIMANDSOn Sept. 13, 2007, Carl E. Gaines

[#07570500], 60, of Dallas, accepted apublic reprimand. A panel of the Dis-trict 6-A Grievance Committee foundthat Gaines provided letters of protec-tion to a medical provider on behalf ofthree personal injury clients. After oneof the cases settled, Gaines failed topromptly provide payment to themedical provider.

In the second case, Gaines issuedpayment to the medical provider,although there is no evidence thatfunds were deposited into Gaines’ trustaccount on behalf of that client.

In the third case, Gaines issued pay-ment to the medical provider, althoughno funds were deposited into Gaines’trust account on behalf of that client.Gaines failed to respond to the grievance.

Gaines violated Rules 1.14(a) and(b) and 8.04(a)(8). He was ordered topay $2,000 in attorney’s fees.

On Sept. 13, 2007, Lauren C.LaRue [#11960730], 48, of Dallas,accepted a public reprimand. The Dis-trict 6-A Grievance Committee foundthat in November 2005, the com-plainant employed LaRue to representhim in a forcible detainer action. OnSept. 1, 2005, LaRue’s license to prac-tice law was suspended for non-pay-ment of bar dues and the TexasAttorney Occupation Tax, and herlicense was not reinstated until Aug. 3,2006. During the time LaRue’s licenseto practice law was suspended, LaRuerepresented the complainant in aneviction matter.

LaRue violated Rule 8.04(a)(11).She was ordered to pay $695 in attor-ney’s fees and costs. �

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