disciplinary actions · 2017-04-04 · ford barry[#24036192], 39, of tampa, florida, was disbarred....

180 Texas Bar Journal • March 2017 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.

was sentenced to 60 years in prison andordered to pay a fine in the amount of$10,000 and court costs of $266.25.Mullins has appealed his criminal con-viction. The board retains jurisdiction toenter a final judgment when the criminalappeal is final. BODA Cause No. 58339.

On January 19, 2017, the Board of Dis-ciplinary Appeals signed an order termi-nating the interlocutory order of suspensionissued on July 30, 2014, against Houstonattorney Jessica Lynn Siegel [#240135090],51. On or about October 31, 2013, Siegelwas convicted of tampering with a gov-ernmental record, an intentional crime asdefined in the Texas Rules of DisciplinaryProcedure, and sentenced to incarcerationfor two years, probated for four years inThe State of Texas v. Jessica Sekerka Siegel,Case No. 12-03-02754-CR, in the 221stJudicial District Court of MontgomeryCounty. Siegel appealed her criminalconviction and on June 24, 2015, the 9thCourt of Appeals in Beaumont reversedher conviction and rendered a judgmentof acquittal in Case No. 09-13-00536-CR. On January 4, 2016, the 9th Courtof Appeals issued its mandate. BODACause No. 53875.

On January 23, 2017, the Board of Dis-ciplinary Appeals signed an order dismissingthe compulsory discipline petition filedagainst Weston, Florida, attorney MarkAlan Greenberg [#24076921], 64.Greenberg pled guilty to nine counts ofpromoting sexual performance of a childand one count of computer pornography,third-degree felonies and intentional crimesas defined in the Texas Rules of DisciplinaryProcedure, and on September 13, 2016,was placed on probation for five years inthe case styled, The State of Florida v. MarkGreenberg, Case No. 15-3610CF10A, inthe Circuit Court of the 17th JudicialCircuit in and for Broward County, Florida.By Misc. Order 17-9001, signed January17, 2017, the Supreme Court of Texasaccepted Greenberg’s resignation in lieuof discipline. BODA Cause No. 58353.

On January 27, 2017, after consideringthe briefs of the parties and the records,the Board of Disciplinary Appeals affirmed

the judgments of disbarment againstHurst attorney Daniel Charles Little[#24047534], 58, signed on February 9,2015, by the evidentiary panel of theDistrict 7-1 Grievance Committee ofthe State Bar of Texas. Cause Nos.D0021142416 and D0121144539. BODACause Nos. 55902 and 55903.

On January 27, 2017, the Board of Dis-ciplinary Appeals signed a default judg-ment of public reprimand against Houstonattorney Heather Ree Slay [#24027863],43. Although properly cited and noticed,Slay did not answer or appear. Slay waspublicly reprimanded by the SupremeCourt of Louisiana in a matter styled, In re:Heather Ree Slay, Case No. 2016-B-0437for practicing law in Louisiana without alicense. In accordance with the TexasRules of Disciplinary Procedure, Slay willreceive a public reprimand in Texas forpracticing law in Louisiana without alicense. BODA Cause No. 58336.

On January 27, 2017, the Board of Dis-ciplinary Appeals signed a default judg-ment of disbarment against Shermanattorney Michael Garnet McGraw[#00792686], 54. Although properly citedand noticed, McGraw did not answer orappear. On July 22, 2016, McGraw pledguilty to injury to a child with seriousbodily injury and mental injury in viola-tion of the Texas Penal Code sec. 22.04(e),an intentional crime as defined in theTexas Rules of Disciplinary Procedure, inthe case styled, The State of Texas v. MichaelGarnet McGraw, Cause No. 067190 inthe 59th Judicial District Court of GraysonCounty. McGraw was sentenced to 20years in prison. The criminal convictionis final. BODA Cause No. 57993.

DISBARMENTSOn December 7, 2016, Janice Payte

Oviatt [#24007789], 66, of Cypress, wasdisbarred. An evidentiary panel of theDistrict 4 Grievance Committee foundthat in four separate immigration repre-sentations Oviatt failed to refund unearnedfees and failed to respond to the grievancesfiled against her. In three of the matters,Oviatt neglected the cases entrusted toher, and in two of the matters she also

BODAOn November 18, 2016, the Board of

Disciplinary Appeals signed an agreedjudgment of indefinite disability suspen-sion against Georgetown attorney PaulWomack [#21877500], 69, in accordancewith Part XII of the Texas Rules of Disci-plinary Procedure and section 8 of theinternal procedural rules of the Board ofDisciplinary Appeals. BODA Cause No.58368.

On January 12, 2017, the Board of Dis-ciplinary Appeals signed an agreed inter-locutory order of suspension againstGreenville attorney Royal Mullins[#14657750], 64. On May 4, 2016, Mullinswas found guilty of murder, an intentionalcrime as defined in the Texas Rules ofDisciplinary Procedure, in the case styled,The State of Texas v. Royal Lynn Mullins,Cause No. 30544 in the 196th JudicialDistrict Court of Hunt County. Mullins

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texasbar.com/tbj Vol. 80, No. 3 • Texas Bar Journal 181

failed to respond to the clients’ requestsfor information and failed to explain theimmigration matters to the extent rea-sonably necessary to permit the clients tomake informed decisions regarding theirrepresentations.

Oviatt violated Rules 1.01(b)(1), 1.03(a),1.03(b), 1.15(d), and 8.04(a)(8). She wasordered to pay $19,704.02 in restitutionand $2,439.80 in attorneys’ fees and directexpenses.

On December 12, 2016, Carl Red-ford Barry [#24036192], 39, of Tampa,Florida, was disbarred. An evidentiarypanel of the District 9 Grievance Com-mittee found that Barry committed mis-conduct in two cases. In the first matter,Barry represented two individuals in apersonal injury matter. One client exe-cuted assignments of interests with med-ical providers that provided for theclient’s medical fees to be paid from theproceeds of any recovery received fromhis claim. The complainant owns a medi-cal funding company and purchased theclient’s assignments of interests from themedical providers. On November 8,2013, the complainant sent Barry anotice of assignment showing that totalmedical fees in the amount of$73,703.37 were due. On August 22,2014, Barry advised the funding companythat the case had settled and that Barrywould issue a check on August 25.Thereafter, Barry failed to disburse anysettlement proceeds to the company.Barry failed to furnish a written responseto the complaint as directed. In a secondmatter, a complainant hired Barry in2013 to represent her in a personalinjury claim after an automobile acci-dent. The complainant attempted onnumerous occasions over several monthsto contact Barry to ascertain the statusof her legal matter but was unable toobtain any information about her case.In December 2013, Barry settled thecomplainant’s case without her knowl-edge or consent for $24,000. The com-plainant confronted Barry in April 2015,with the fact that she knew a settlementcheck had been issued and she had notreceived any portion of it. In 2016, afterthe grievance was filed, Barry paid thecomplainant a portion of the funds towhich she was entitled but failed to pro-vide the complainant with a settlementstatement or pay medical providers.Barry failed to furnish a written response

assistant to ensure that his conduct wascompatible with Gaines’ professionalobligations.

Gaines violated Rules 1.14(b) and5.03(a). She was ordered to pay$2,209.98 and $950 in attorneys’ feesand direct expenses.

On December 19, 2016, David LeeHutchins [#24065470], 36, of Austin,received a two-year partially probatedsuspension, with the first two monthsactively suspended and the remainderprobated. An evidentiary panel of theDistrict 9 Grievance Committee foundthat Hutchins represented a complainantin a dental malpractice case for injuriesshe sustained during a dental procedure.During the course of the representation,the complainant made numerousattempts to contact Hutchins to ascer-tain the status of her case, to no avail.The Discovery Control Plan Orderrequired him to designate experts byApril 3, 2014. Hutchins failed to desig-nate any medical expert. Trial was resetto March 24, 2015. Hutchins failed tonotify the complainant of the trial date

to the complaint as directed. Barry violated Rules 1.02(a)(2), 1.03(a),

1.04(d), 1.14(b), 8.04(a)(1), and 8.04(a)(8).He was ordered to pay $234,893.37 inrestitution and $5,972.39 in attorneys’fees and expenses.

RESIGNATIONS On December 13, 2016, the Supreme

Court of Texas accepted the resignationin lieu of discipline of Richard WayneAust [#24067495], 51, of League City.At the time of Aust’s resignation, therewas one pending grievance alleging thatwhile representing a client, he neglectedthe legal matter entrusted to him; failedto keep his client reasonably informedabout the status of the client’s legal mat-ter; upon termination of representation,failed to refund advance payments of feesthat had not been earned; and engagedin conduct involving dishonesty, fraud,deceit, or misrepresentation.

Aust violated Rules 1.01(b)(1), 1.03(a),1.15(d), and 8.04(a)(3).

On January 17, 2017, the SupremeCourt of Texas accepted the resignationin lieu of discipline of Mark AlanGreenberg [#24076921], 64, of Weston,Florida. At the time of Greenberg’s resig-nation, a judgment had been entered inthe Circuit Court of the 17th JudicialCircuit in and for Broward County, Florida,wherein Greenberg was found guilty ofcounts two through 10, promoting sexualperformance by a child (third-degreefelonies), and count 11, computer pornog-raphy (a third-degree felony), and wasplaced on probation for a period of fiveyears. This conviction would subjectGreenberg to compulsory discipline.

SUSPENSIONS On November 30, 2016, Shanita

Danielle Gaines [#24045906], 40, ofOklahoma City, Oklahoma, received atwo-year partially probated suspensioneffective November 10, 2016, with thefirst two weeks actively suspended andthe remainder probated. An evidentiarypanel of the District 6 Grievance Com-mittee found that in October 2011,Gaines failed to notify the complainantabout the receipt of settlement funds inthe complainant’s personal injury case.In addition, Gaines failed to deliver anyportion of the funds to the complainant.Gaines also failed to exercise directsupervisory authority over her non-lawyer


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District 13 Grievance Committee foundthat Phifer failed to keep his client rea-sonably informed about the status of hercase and failed to promptly comply withthe client’s reasonable requests for infor-mation. The panel found that Phiferengaged in the practice of law in Texaswhen his right to practice had been sus-pended. The panel further found thatPhifer failed to timely furnish to theOffice of Chief Disciplinary Counsel aresponse or other information as requiredby the Texas Rules of Disciplinary Proce-dure and that Phifer did not in good faithtimely assert a privilege or other legalground for failure to do so.

Phifer violated Rules 1.03(a), 8.04(a)(8),and 8.04(a)(11). He was ordered to pay$6,500 in restitution, $2,018.25 inattorneys’ fees, and $371.75 in directexpenses.

PUBLIC REPRIMANDS On December 19, 2016, Tony Edward

Ivie [#10438800], 55, of Amarillo,received a public reprimand. An eviden-tiary panel of the District 13 GrievanceCommittee found that in or about March2014, a complainant hired Ivie to repre-sent him in a divorce. Upon terminationof Ivie’s representation of the com-plainant, Ivie failed to refund advancepayments of fees that had not beenearned. Ivie failed to timely furnish tothe Office of Chief Disciplinary Counsela response or other information asrequired by the Texas Rules of Discipli-nary Procedure. Ivie did not in good faithtimely assert a privilege or other legalground for failure to do so.

Ivie violated Rules 1.15(d) and8.04(a)(8). He was ordered to pay $1,500in restitution and $875 in attorneys’ feesand direct expenses.

On December 19, 2016, Shola AnthonySutton [#24000437], 61, of Houston,received an agreed judgment of public rep-rimand. An evidentiary panel of the Dis-trict 4 Grievance Committee found thatin representing his client, Sutton neglectedthe legal matter entrusted to him, failed tokeep the complainant reasonably in-formed about the status of the matter andto comply with reasonable requests forinformation, and failed to explain a legalmatter to the extent reasonably necessaryto permit his client to make informeddecisions regarding the representation.

Sutton violated Rules 1.01(b)(1), 1.03(a),

On December 22, 2016, Gregory L.Phifer [#15908580], 53, of Amarillo,received a three-year partially probatedsuspension, with the first 12 monthsactively suspended and the remainderprobated. An evidentiary panel of theDistrict 13 Grievance Committee foundthat Phifer engaged in the practice of lawin Texas when his right to practice hadbeen suspended. The panel also foundthat Phifer failed to timely furnish to theOffice of Chief Disciplinary Counsel aresponse or other information as requiredby the Texas Rules of Disciplinary Proce-dure and that Phifer did not in good faithtimely assert a privilege or other legalground for his failure to do so.

Phifer violated Rules 8.04(a)(8) and8.04(a)(11). He was ordered to pay$1,613.25 in attorneys’ fees and $386.75in direct expenses.

On December 22, 2016, Gregory L.Phifer [#15908580], 53, of Amarillo,received a three-year partially probatedsuspension, with the first 12 monthsactively suspended and the remainderprobated. An evidentiary panel of the

and failed to appear at the trial on thecomplainant’s behalf. As a result, thecomplainant’s case was dismissed. Hutch-ins did not timely notify the complainantof the dismissal.

Hutchins violated Rules 1.01(b)(1)and 1.03(a). He was ordered to pay$3,013.64 in attorneys’ fees and directexpenses.

On January 12, 2017, the Board ofDisciplinary Appeals signed an agreedinterlocutory order of suspension againstGreenville attorney Royal Mullins[#14657750], 63. On May 4, 2016,Mullins was found guilty of murder, anintentional crime as defined in theTexas Rules of Disciplinary Procedure,in the case styled, The State of Texas v.Royal Lynn Mullins, Cause No. 30544 inthe 196th Judicial District Court ofHunt County. Mullins was sentenced toprison for 60 years and ordered to pay afine in the amount of $10,000 and courtcosts of $266.25. Mullins has appealedhis criminal conviction. The boardretains jurisdiction to enter a final judg-ment when the criminal appeal is final.


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texasbar.com/tbj Vol. 80, No. 3 • Texas Bar Journal 183

comply with reasonable requests forinformation from the client, and failed torefund advance payments of fees thathad not been earned. Tennant also failedto timely furnish to the Office of ChiefDisciplinary Counsel a response or otherinformation as required by the TexasRules of Disciplinary Procedure. In a sec-ond matter, Tennant failed to timelyrefund advance payments of fees thathad not been earned.

Tennant violated Rules 1.01(b)(1),1.03(a), 1.15(d), and 8.04(a)(8). He wasordered to pay $1,500 in restitution and$1,000 in attorneys’ fees and directexpenses.

On December 6, 2016, Tiffany GayleWarner [#24075245], 33, of Fort Worth,received a six-month fully probated sus-pension effective December 1, 2016. Anevidentiary panel of the District 7 Griev-ance Committee found that from Febru-ary 17, 2015, to the present, Warner hadbeen administratively suspended fromthe practice of law for failure to complywith Supreme Court rules concerningrepayment of Texas Guaranteed Student

Loans. After February 17, 2015, Warnercontinued to represent the complainantin connection with a family law matter,Warner discussed the case with her clientand opposing counsel. Thus, Warnerengaged in the practice of law while herright to do so had been administrativelysuspended. In addition, Warner failed tofurnish to the Office of Chief Discipli-nary Counsel a response or other infor-mation as required by the Texas Rules ofDisciplinary Procedure or assert any groundsfor her failure to do so.

Warner violated Rules 8.04(a)(8) and8.04(a)(11).

PRIVATE REPRIMANDS Listed here is a breakdown of Texas

Disciplinary Rules of Professional Con-duct violations for eight attorneys, withthe number in parentheses indicatingthe frequency of violation. Please notethat an attorney may be reprimanded formore than one rule violation.

1.01(b)(1)—for neglecting a legalmatter entrusted to the lawyer (2).

1.03(a)—for failing to keep a clientreasonably informed about the status of a

and 1.03(b). He was ordered to pay $875in attorneys’ fees.

On January 12, 2017, Robert ChrisPittard [#00794465], 60, of San Antonio,agreed to a two-year partially probatedsuspension, effective December 24, 2016,with the first 15 days actively suspendedand the remainder probated. An eviden-tiary panel of the District 10 GrievanceCommittee found that Pittard neglecteda client’s matter, failed to keep the clientreasonably informed, and failed to explaina potential conflict of interest.

Pittard violated Rules 1.01(b)(1),1.03(a), 1.03(b), 1.04(a), and 1.06(b)(2).He was ordered to pay $5,000 in restitu-tion and $800 in attorneys’ fees anddirect expenses.

On December 15, 2016, George B.Tennant Jr. [#24042016], 48, of Hous-ton, accepted a 15-month fully probatedsuspension effective January 1, 2017. Anevidentiary panel of the District 4 Griev-ance Committee found that in one mat-ter, Tennant neglected the legal matterentrusted to him, failed to promptly


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matter and promptly comply with rea-sonable requests for information (2).

1.03(b)—for failing to explain a matterto the extent reasonably necessary topermit the client to make informed deci-sions regarding representation (1).

1.14(a)—A lawyer shall hold fundsand other property belonging in whole orin part to clients or third persons that arein a lawyer’s possession in connectionwith a representation separate from thelawyer’s own property. Such funds shallbe kept in a separate account, designatedas a “trust” or “escrow” account, main-tained in the state where the lawyer’soffice is situated, or elsewhere with theconsent of the client or third person.Other client property shall be identifiedas such and appropriately safeguarded.Complete records of such account fundsand other property shall be kept by thelawyer and shall be preserved for a periodof five years after termination of the rep-resentation (1).

1.15(a)(1)—A lawyer shall decline torepresent a client or, where representationhas commenced, shall withdraw, exceptas stated in paragraph (c), from the rep-

resentation of a client, if the representa-tion will result in violation of Rule 3.08,other applicable rules of professionalconduct, or other law (1).

3.01—a lawyer shall not bring or defenda proceeding, or assert or controvert anissue therein, unless the lawyer reasonablybelieves that there is a basis for doing sothat is not frivolous (1).

8.01(a)—for knowingly making a falsestatement or material fact (1).

8.04(a)(8)—for failing to timely furnishto a district grievance committee a responseor other information as required unlesshe or she timely asserts a privilege orother legal ground for failure to do so (1).

8.04(a)(11)—A lawyer shall notengage in the practice of law when thelawyer is on inactive status or when thelawyer’s right to practice has been sus-pended or terminated including but notlimited to situations where a lawyer’sright to practice has been administrativelysuspended for failure to timely payrequired fees or assessments or for failureto comply with Article XII of the StateBar Rules relating to mandatory continuinglegal education (1). TBJ

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disciplinary actions · 2017-04-04 · ford barry[#24036192], 39, of tampa, florida, was disbarred....

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