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476 Texas Bar Journal • June 2018 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.
education to Christopher Lee, jus-tice of the peace for Precinct 3 in Riv-iera, Kleberg County.
On April 23, 2018, the State Commis-sion on Judicial Conduct issued an orderof suspension, without pay, to JohnLovett Jr., county judge of San JacintoCounty.
BODA On March 21, 2018, the Board of
Disciplinary Appeals signed an agreedjudgment of public reprimand ofNashville, Tennessee, attorney RobinJeffrey Gordon [#08206200], 53. OnApril 4, 2017, Gordon was reprimandedby Disciplinary District V of the Boardof Professional Responsibility of theSupreme Court of Tennessee in a matterstyled In Re: Robin Jeffrey Gordon,
#14618, Respondent, an attorney licensedto practice law in Tennessee (DavidsonCounty), File No. 40240c-5-ES onOctober 31, 2012, for violations ofRule 1.3 (diligence) and 3.2 (expeditinglitigation) of the Tennessee Rules ofProfessional Conduct. Gordon is currentlysuspended from the practice of law inTexas. BODA Cause No. 59478.
On April 23, 2018, the Board of Disci-plinary Appeals signed a final judgmentof disbarment against Edinburg attorneyRodrigo Martinez Jr. [#13144200], 61.On or about June 16, 2015, Martinez wasconvicted in The State of Texas v. RodrigoMartinez, Jr. Defendant, Cause No. CR-2152-12-G in the 370th District Court ofHidalgo County, of theft of the value of$200,000 or more, a first-degree felony,and sentenced to seven years imprison-ment and ordered to pay court costs of$228 and restitution in the amount of$410,000. On January 29, 2016, theBoard of Disciplinary Appeals signed anagreed interlocutory order of suspensionagainst Martinez, suspending Martinezwhile he appealed his criminal convic-tion. On March 9, 2017, the 13th Courtof Appeals in Corpus Christi affirmed hisconviction, modifying the amount ofrestitution to $416,000 and issued itsmandate on December 28, 2017. BODACause No. 56590.
On April 23, 2018, after consideringthe briefs of the parties, the record, andhearing oral argument, the Board ofDisciplinary Appeals affirmed the publicreprimand of Dallas attorney LloydEugene Ward [#20845100], 56, signedon August 17, 2017, by an evidentiarypanel of the State Bar of Texas District6-2 Grievance Committee in Case No.201401402. The panel found that Wardviolated Texas Disciplinary Rules ofProfessional Conduct Rule 8.04(a)(3)when he engaged in conduct involvingdishonesty, fraud, deceit, and/or mis-representation in the course of handlingvarious debt settlement matters. BODACause No. 59515.
JUDICIAL ACTIONS
To read the entire public sanctions, goto scjc.texas.gov.
On April 18, 2018, the State Commis-sion on Judicial Conduct issued a publicadmonition and order of additionaleducation to Kelly Cross, judge of Pro-bate Court No. 1 in San Antonio,Bexar County.
On April 18, 2018, the State Commis-sion on Judicial Conduct issued a publicreprimand and order of additionaleducation to Homer Jasso Sr., justiceof the peace for Precinct 4, Place 2 inEdinburg, Hidalgo County.
On April 18, 2018, the State Commis-sion on Judicial Conduct issued a publicwarning and order of additional
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
Hasley Scarano, L.L.P.attorneys & counselors
texasbar.com/tbj Vol. 81, No. 6 • Texas Bar Journal 477
On April 23, 2018, the Board of Dis-ciplinary Appeals signed a judgmentdisbarring Colorado Springs, Colorado,attorney Philip M. Kleinsmith[#11567650], 78. On December 23,2016, the Supreme Court of Coloradoentered an order and notice of disbar-ment against Kleinsmith in a matterstyled Complainant, People of the Stateof Colorado, Respondent: Philip M.Kleinsmith in Case No. 16PDJ031 forfailing to promptly deliver to a thirdperson funds belonging to the thirdperson and converting those funds tohis own use. In accordance with PartIX of the Texas Rules of DisciplinaryProcedure, Kleinsmith is disbarred inTexas. BODA Cause No. 60098.
On April 24, 2018, the Board of Dis-ciplinary Appeals signed an agreedinterlocutory order of suspension againstSweetwater attorney John S. Young[#22197800], 57. On November 13, 2017,Young was found guilty of two countsof forgery of a financial instrument(counts one and two), theft of propertyin a value of $200,000 or more (countthree), and money laundering in avalue greater than $100,000 and lessthan $200,000 (count four), intentionalcrimes as defined in the Texas Rules ofDisciplinary Procedure, in the casestyled The State of Texas v. John StacyYoung, Cause No. 30544B-17-0081-SBin the 119th Judicial District Court ofTom Green County. Young was sen-tenced to prison for 730 days as tocounts one and two and 11 years as tocounts three and four, to run concurrently,and ordered to pay a fine in the amountof $10,000. Young has appealed hiscriminal conviction. The board retainsjurisdiction to enter a final judgmentwhen the criminal appeal is final. BODACause No. 59818.
RESIGNATIONS
On March 27, 2018, the SupremeCourt of Texas accepted the resignation,in lieu of discipline, of Burrel Rowe[#17332000], 81, of Livingston. At thetime of Rowe’s resignation, two pendinggrievances alleged that he neglected thelegal matter entrusted to him, failed to
securities broker in Case No. 5:17-cr-00381-DAE-1, in the U.S. DistrictCourt, Western District of Texas. Uresti violated Rules 8.04(a)(2) and
8.04(a)(3).
SUSPENSIONS
On March 28, 2018, Maria DamiselaChavira-Brown [#24045190], 53, ofSan Antonio, accepted an 18-month fullyprobated suspension effective April 1,2018. An evidentiary panel of the Dis-trict 10 Grievance Committee foundthat Chavira-Brown neglected a client’smatter. Chavira-Brown violated Rule 1.01(b)(1).
She was ordered to pay $800 in attorneys’fees and direct expenses.
On March 8, 2018, Rayan D.Ganesh [#24068728], 34, of Coppell,received a 12-month fully probated sus-pension effective March 1, 2018. An evi-dentiary panel of the District 6
refund unearned fees, failed to withdrawfrom representation due to a physicalimpairment, and failed to properly ensurethat the conduct of the non-lawyer underhis authority was compatible with theprofessional obligations of a lawyer,which also subjected Rowe to disciplinefor permitting the conduct. Rowe violated Rules 1.01(b)(1), 1.15(d),
1.15(a)(2), 5.03(a), and 5.03(b)(1).
On April 10, 2018, the Supreme Courtof Texas accepted the resignation, in lieuof discipline, of Carlos Ismael Uresti[#00785132], 54, of San Antonio. OnFebruary 22, 2018, Uresti was foundguilty on five counts of wire fraud, onecount of conspiracy to commit wirefraud, one count of conspiracy to laundermonetary instruments, one count ofengaging in monetary transactions inproperty derived from specified unlawfulactivity, two counts of securities fraud,and one count of acting as an unregistered
DISCIPLINARY ACTIONS
Will you REPRESENT YOURSELF? Socrates did and how did that
turn out for him?
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4201 SPRING VALLEY RD. SUITE 1250
DALLAS , TX 75244
972-277-8585 (O) 972-277-8586 (F) INFO@CLLEGAL .COM
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MALPRACTICE DEFENSE
Two Riverway, Suite 1080Houston, Texas 77056
478 Texas Bar Journal • June 2018 texasbar.com
suspension effective April 15, 2018.An evidentiary panel of the District 1Grievance Committee found that onAugust 21, 2013, the complainant hiredJohnson to defend him in two civilmatters. In representing the complainant,Johnson neglected the legal mattersentrusted to him, failed to notify thecomplainant of possible settlement sothat the complainant could decidewhether to accept an offer of settlement,failed to inform the complainant of thejudgments against him, failed to keepthe complainant reasonably informedabout the status of his matters, and failedto promptly comply with reasonablerequests for information. Johnson violated Rules 1.01(b)(1),
1.02(a)(2), and 1.03(a). He was orderedto pay $1,671 in attorneys’ fees anddirect expenses.
On April 2, 2018, J. Esequiel RamosJr. [#16508030], 58, of Corpus Christi,accepted a two-year active suspensioneffective May 14, 2018. The 28th Dis-trict Court of Nueces County found thatRamos violated Rules 5.04(a) [sharingor promising to share legal fees with anon-lawyer], 8.04(a)(8) [failing to respondto a grievance in a timely fashion], and8.01 (b) [failing to respond to a lawfuldemand for information from a disci-plinary authority]. Ramos violated Rules 5.04(a), 8.04(a)(8),
and 8.01(b). He was ordered to pay$1,400 in restitution and $6,000 inattorneys’ fees and direct expenses.
PUBLIC REPRIMANDS
On March 20, 2018, Victoria V.Ochsner [#24051129], 45, of Houston,received a judgment of public reprimand.An evidentiary panel of the District 4Grievance Committee found that Ochsnerneglected her client’s matter. Ochsner violated Rule 1.01(b)(1).
She was ordered to pay $1,292.37 inattorneys’ fees and direct expenses. Ochsner has filed a notice of appeal.
PRIVATE REPRIMANDS
Listed here is a breakdown of TexasDisciplinary Rules of Professional Con-duct violations for three attorneys,
panel of the District 6 GrievanceCommittee found that on November15, 2016, Jackson was actively sus-pended from the practice of law for sixmonths. On November 22, 2016, Jack-son appeared telephonically at a hear-ing before a federal magistrate, therebyengaging in the practice of law whilehe was suspended. Jackson violated a dis-ciplinary judgment by appearing ascounsel in a proceeding in federalcourt, failing to notify the judge of hissuspension, failing to notify opposingcounsel and complainant in writing ofhis suspension, and by holding himselfout as an attorney. Jackson violated Rules 8.04(a)(7) and
8.04(a)(11). He was ordered to pay$2,925 in attorneys’ fees and $200 indirect expenses.
On April 12, 2018, Thomas HenryJohnson [#00796069], 51, of Frisco,received a 12-month fully probated
Grievance Committee found that onJune 3, 2016, Ganesh engaged in conductthat constitutes barratry and prohibitedsolicitation when he approached thecomplainant, who did not seek Ganesh’sadvice, regarding employment, offeringto represent the complainant for a fee inthe two misdemeanor cases in which shewas waiting to appear in court for thatday. Thereafter, Ganesh failed to keep thecomplainant reasonably informed aboutthe status of her cases and failed topromptly comply with reasonable re-quests for information from the com-plainant about her legal matter. Ganesh violated Rules 1.03(a), 7.03(a),
and 8.04(a)(9). He was ordered to pay$600 in restitution and $3,241.50 inattorneys’ fees and direct expenses.
On March 15, 2018, Rayshun Jackson[#00797754], 49, of Dallas, received a36-month fully probated suspensioneffective April 2, 2018. An evidentiary
DISCIPLINARY ACTIONS
RepresentingAttorneysGaines WestState Bar of Texas
Grievance Oversight CommitteeAppointed by the Texas Supreme Court
Chair, 2006-2010 Member, 2004-2010
Texas Board of Disciplinary Appeals
Appointed by the Texas Supreme Court Chairman, 2001-2003
Vice Chairman, 1994-1996, 1998-2000 Member, 1992-1996, 1997-2003
State Bar of TexasDisciplinary Rules of Professional
Conduct Committee Member, 1993-1996
DisciplinaryReview Committee
Member, 1991-1992
Texas Bar Foundation, FellowState Bar of Texas, Member
Brazos County Bar Association, MemberAustin Bar Association, Member
westwebblaw.com
State-wide Practice
Principal O�ce – 979.694.70001515 Emerald Plaza • College Station, TX 77845
Austin – By Appointment – 512.501.36171012 Rio Grande St. • Austin, TX 78701
ATTORNEY GRIEVANCE &
CRIMINAL DEFENSE FEDERAL AND STATE
JIM BURNHAM
Former Chairman of the State Bar District 6 Grievance Committee
Former President of the Dallas Bar Association
Former Dallas Assistant District Attorney
Dallas Bar Association Trial Lawyer of the Year
Fellow of the American College of Trial Lawyers
Law Offices of Jim Burnham 6116 N. Central Expy. Ste. 515
Dallas, Texas 75206 www.jburnhamlaw.com [email protected] Office: (214) 750-6616
texasbar.com/tbj Vol. 81, No. 6 • Texas Bar Journal 479
third person any funds or other propertythat the client or third person is entitledto receive and, upon request by theclient or third person, shall promptlyrender a full accounting regarding suchproperty (1). 8.04(a)(2)—A lawyer shall not com-
mit a serious crime or commit any othercriminal act that reflects adversely onthe lawyer’s honesty, trustworthiness, orfitness as a lawyer in other respects (1).
8.04(a)(3)—for engaging in conductinvolving dishonesty, fraud, deceit, ormisrepresentation (1).8.04(a)(8)—for failing to timely fur-
nish to the Office of Chief DisciplinaryCounsel or a district grievance committeea response or other information as requiredby the Texas Rules of Disciplinary Pro-cedure, unless he or she in good faithtimely asserts a privilege or other legalground for failure to do so (1). TBJ
with the number in parentheses indi-cating the frequency of the violation.Please note that an attorney may bereprimanded for more than one ruleviolation.1.01(b)(1)—for neglecting a legal
matter entrusted to the lawyer (2). 1.03(a)—for failing to keep a client
reasonably informed about the status ofa matter and promptly comply withreasonable requests for information (1).1.03(b)—for failing to explain a matter
to the extent reasonably necessary topermit the client to make informeddecisions regarding the representation(1). 1.14(b)—Upon receiving funds or
other property in which a client orthird person has an interest, a lawyershall promptly notify the client orthird person. Except as stated in thisrule or otherwise permitted by law orby agreement with the client, a lawyershall promptly deliver to the client or
DISCIPLINARY ACTIONS
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