Disciplinary Actions - Houston, Texas · in a criminal matter, Montalvo neg-lected the legal matter...
Transcript of Disciplinary Actions - Houston, Texas · in a criminal matter, Montalvo neg-lected the legal matter...
668 Texas Bar Journal • September 2015 texasbar.com
On May 11, 2015, the State Com-mission on Judicial Conduct issued apublic admonition and order of addi-tional education to Carter TinsleySchildknecht, judge of the 106thDistrict Court in Lamesa, DawsonCounty. Schildknecht violated Can-ons 2A, 3B(2), 3B(4), and 3B(6) ofthe Texas Code of Judicial Conduct.Schildknecht must obtain four hoursof instruction with a mentor in addi-tion to her required judicial educa-tion for fiscal year 2015.
RESIGNATIONS
On June 2, 2015, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of AmyLouise Monkman [#24034301], 59,
of Istanbul, Turkey. At the time ofMonkman’s resignation, there wasone disciplinary matter pendingalleging that Monkman sharedimmigration legal fees with non-lawyers, failed to properly supervisenon-lawyer employees, assisted non-lawyers in the unauthorized practiceof law, and failed to hold fees in atrust account until earned.
It is alleged that Monkman vio-lated Rules 1.14(a), 5.03, 5.04(a),and 5.05(b).
SUSPENSIONS
On July 6, 2015, Calvin C. BraunJr. [#00783713], 48, of Houston, ac-cepted a two-year active suspensioneffective July 15, 2015. The 125thDistrict Court of Harris Countyfound that Braun violated Rule8.04(a)(3) [engaged in conductinvolving dishonesty, fraud, deceit, ormisrepresentation].
Braun was ordered to pay $1,320 inattorneys’ fees and direct expenses.
On June 2, 2015, David A.Chaumette [#00787235], 47, ofHouston, received a 33-month par-tially probated suspension effectiveAugust 1, 2015, with the first ninemonths actively suspended and theremainder probated. An evidentiarypanel of the District 4 GrievanceCommittee found that in represent-ing Five Oaks Achievement Center,Chaumette neglected the legal mat-ter entrusted to him, failed to keephis client reasonably informed aboutthe status of the legal matter, andfailed to promptly comply with rea-sonable requests for information.Chaumette also failed to hold in atrust funds belonging in whole or inpart to Five Oaks Achievement Cen-ter and Whispering Hills AchievementCenter that were in his possession in
JUDICIAL ACTIONS
On May 14, 2015, the State Com-mission on Judicial Conduct issued apublic admonition to Madolyn C.Johnson, former municipal courtjudge of Valley Mills, Bosque County.Johnson violated Canons 2A and3B(2) of the Texas Code of JudicialConduct.
On April 30, 2015, the State Com-mission on Judicial Conduct issued apublic admonition to Etta Mullin,former judge of the County CriminalCourt No. 5 in Dallas, Dallas County.Mullin violated Canons 2A and3B(4) of the Texas Code of JudicialConduct and Article V, §1-a(6)A ofthe Texas Constitution.
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.
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texasbar.com/tbj Vol. 78, No. 8 • Texas Bar Journal 669
connection with his representationof those entities and failed to timelyfurnish to the Office of Chief Disci-plinary Counsel a response or otherinformation as required by the TexasRules of Disciplinary Procedure.
Chaumette violated Rules 1.01(b)(1),1.03(a), 1.14(a), and 8.04(a)(8). Hewas ordered to pay $2,575 in attorneys’fees and $521.79 in direct expenses.
Chaumette did not appeal.
On June 4, 2015, Nathan HenryChu [#24038818], 39, of Laredo,received a nine-month fully probatedsuspension effective July 1, 2015.The District 12 Grievance Commit-tee found that Chu failed to keep aclient reasonably informed, repre-sented opposing parties in the samelitigation, represented a person in asubstantially related matter in whichthat person’s interests were materiallyadverse to the interests of anotherclient, represented a client in amatter and thereafter representedanother person in a matter adverse tothe former client when it was thesame or a substantially related mat-ter, and engaged in conduct involv-ing dishonesty, fraud, deceit, andmisrepresentation.
Chu violated Rules 1.03(a),1.03(b), 1.06(a), 1.06(b), 1.09(a),and 8.04(a)(3) and was ordered topay $3,885 in attorneys’ fees anddirect expenses.
On May 14, 2015, Chelsea L.Davis [#24059652], 33, of Prince-ton, received a judgment of indefi-nite disability suspension effectiveimmediately.
The District Disability Committeefound that Davis suffers from a dis-ability that results in her inability topractice law, provide client services,complete contracts of employment,or otherwise carry out her professionalresponsibilities to clients, courts, theprofession, or the public.
On July 10, 2015, Mark Anthony
disclosure. When he did not respond,AT&T’s counsel emailed Land areminder that the responses were due.Land never responded to the requestsfor disclosure. Land received AT&T’ssummary judgment motion and noticeof the summary judgment hearing viacertified mail, but the notice wasreturned. AT&T’s counsel also noti-fied Land via email that the sum-mary judgment motion was set forMay 20, 2013. Land responded thatthe May 20 hearing date was accept-able. Land failed to file a response tothe summary judgment motion andfailed to attend the summary judg-ment hearing. AT&T’s summary judg-ment motion was granted and ajudgment of $52,126 was enteredagainst Land’s client.
Land violated Rules 1.01(b)(1)and 8.04(a)(1). He was ordered topay $3,113.32 in attorneys’ fees anddirect expenses.
Davis [#24012509], 44, of Victoria,accepted a six-month fully probatedsuspension effective July 1, 2015.The District 11 Grievance Commit-tee found that Davis failed to com-municate with his client and failedto respond to the grievance.
Davis violated Rules 1.03(a) and8.04(a)(8) and was ordered to pay $800in attorneys’ fees and direct expenses.
On June 29, 2015, Mark AllenLand [#11860425], 55, of Austin,received a two-year partially probatedsuspension effective May 1, 2015, withthe first three months actively sus-pended and the remainder probated.An evidentiary panel of the District 9Grievance Committee found that onMarch 15, 2012, the complainanthired Land to defend Alpine Insur-ance in a lawsuit filed by AT&TAdvertising Solutions to collect adebt. Land was served with requests for
DISCIPLINARY ACTIONS
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670 Texas Bar Journal • September 2015 texasbar.com
the complainant reasonably informedabout the status of the criminal mat-ter. Montalvo failed to promptly com-ply with reasonable requests forinformation from the complainantabout the criminal matter. Upon ter-mination of representation, Montalvofailed to refund advance payments offees that had not been earned. Hefailed to timely furnish to the Office ofChief Disciplinary Counsel a responseor other information as required by theTexas Rules of Disciplinary Proce-dure. Montalvo did not in good faithtimely assert any grounds for his fail-ure to do so.
Montalvo violated Rules 1.01(b)(1),1.03(a), 1.15(d), and 8.04(a)(8). Hewas ordered to pay $7,000 in restitu-tion and $2,323.11 in attorneys’ feesand direct expenses.
On June 17, 2015, Patrick PhillipRobertson [#00792804], 45, of Dallas,received a three-year active suspensioneffective July 1, 2015. An evidentiarypanel of the District 6 GrievanceCommittee found that in representingcomplainants, Robertson neglectedthe legal matters entrusted to him andfailed to promptly comply with reason-able requests for information. Robert-son failed to withdraw from rep-resenting complainants when his phys-ical condition materially impaired hisfitness to represent complainants.Upon termination of representation,Robertson failed to return papers andproperty and refund advance paymentsof fees that had not been earned.Robertson failed to timely furnish tothe Office of Chief Disciplinary Coun-sel a response or other information asrequired by the Texas Rules of Discipli-nary Procedure. Further, Robertson en-gaged in conduct involving dishonesty,fraud, deceit, or misrepresentation bysuggesting to a complainant that heand the complainant’s previous attor-ney were jointly working on the com-plainant’s defense.
Robertson violated Rules 1.01(b)(1),1.03(a), 1.15(a)(2), 1.15(d), 8.04(a)(3),
required by the Texas Rules of Disci-plinary Procedure. Montalvo did notin good faith timely assert anygrounds for his failure to do so.
Montalvo violated Rules 1.01(b)(1),1.15(d), 8.04(a)(3), and 8.04(a)(8).He was ordered to pay $1,500 inrestitution and $1,903.43 in attor-neys’ fees and direct expenses.
On May 4, 2015, Daniel Montalvo[#00795538], 45, of Dallas, receiveda 24-month partially probated suspen-sion effective May 1, 2015, with thefirst six months actively suspendedand the remainder probated. An evi-dentiary panel of the District 6Grievance Committee found that inrepresenting the complainant’s sonin a criminal matter, Montalvo neg-lected the legal matter entrusted tohim by performing no substantivelegal work and by failing to enter anappearance. Montalvo failed to keep
On May 4, 2015, Daniel Montalvo[#00795538], 45, of Dallas, receiveda 24-month partially probated sus-pension effective November 1, 2015,with the first six months actively sus-pended and the remainder probated.An evidentiary panel of the District6 Grievance Committee found thatin representing the complainant con-cerning a probation violation, Mon-talvo neglected the legal matterentrusted to him by failing to appearat a hearing. Upon termination ofrepresentation, Montalvo failed torefund advance payments of fees thathad not been earned. Montalvoengaged in conduct involving dis-honesty, fraud, deceit, or misrepre-sentation by providing a check to thecomplainant that was returned for“not sufficient funds.” Montalvofailed to timely furnish to the Officeof Chief Disciplinary Counsel aresponse or other information as
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texasbar.com/tbj Vol. 78, No. 8 • Texas Bar Journal 671
belong to the client (1). 3.03(a)(5)—for knowingly offering
or using evidence that the lawyerknows to be false (1).
4.04(a)—for using means in repre-senting a client that have no substan-tial purpose other than to embarrass,delay, or burden a third person, orusing methods of obtaining evidencethat violate the legal right of such aperson (1).
8.01(b)—for knowingly failing to re-spond to a lawful demand for informa-tion from a disciplinary authority (1).
8.04(a)(3)—for engaging in conductinvolving dishonesty, fraud, deceit,or misrepresentation (1).
8.04(a)(8)—for failing to timelyfurnish to a district grievance commit-tee a response or other information asrequired unless he or she timely assertsa privilege or other legal ground forfailure to do so (2). TBJ
and 8.04(a)(8). He was ordered topay $5,500 in attorneys’ fees.
On July 15, 2015, Roberto Mal-donado [#12855262], 57, of San An-tonio, received a three-year fully pro-bated suspension effective August 1,2015. The District 10 Grievance Com-mittee found that in an immigrationlaw representation, Maldonado ne-glected a client matter, failed to keepa client reasonably informed, failedto hold client funds separate from hisown property, and shared legal feeswith a non-lawyer.
Maldonado violated Rules 1.01(b)(1),1.03(a), 1.14(a), and 5.04(a) and wasordered to pay $1,000 in restitutionand $1,000 in attorneys’ fees anddirect expenses.
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Listed below is a breakdown ofTexas Disciplinary Rules of Profes-sional Conduct violations for nineattorneys, with the number in paren-theses indicating the frequency ofviolation. Please note that an attor-ney may be reprimanded for morethan one rule violation.
1.01(b)(1)—for neglecting a legalmatter entrusted to the lawyer (2).
1.03(a)—for failing to keep aclient reasonably informed about thestatus of a matter and promptly com-ply with reasonable requests forinformation (3).
1.04(a)—for entering into an ar-rangement for, charging, or collectingan illegal or unconscionable fee (1).
1.06(b)(2)—for representing a per-son where the representation of thatperson reasonably appears to be orbecome adversely limited by thelawyer’s or law firm’s responsibilitiesto another client or to a third personor by the lawyer’s or law firm’s owninterests (1).
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