886 Texas Bar Journal • December 2015 texasbar.com

matters pending against him allegingthat he neglected the legal mattersentrusted to him, failed to keep hisclients reasonably informed aboutthe status of their legal matters, andfailed to promptly comply with rea-sonable requests for information.Bergman also failed to explain a mat-ter to the extent reasonably neces-sary to permit his client to make aninformed decision regarding the rep-resentation. Bergman also enteredinto a business transaction with aclient without advising the client toseek the advice of independentcounsel, failed to refund advancepayments of fees that had not beenearned, and failed to respond togrievances.

Bergman violated Rules 1.01(b)(1),1.03(a), 1.03(b), 1.08(a), 1.15(d),and 8.04(a)(8).

On October 20, 2015, theSupreme Court of Texas acceptedthe resignation in lieu of disciplineof Walter E. Demond [#05736600],68, of Austin. At the time ofDemond’s resignation, two judg-ments of conviction by jury hadbeen entered in case numbers CR-1016 Counts I and III, styled TheState of Texas v. Walter Demond, inthe 424th District Court of BlancoCounty, wherein the respondent wasfound guilty of misapplication offiduciary property and money laun-dering and was committed to thecustody of the Correctional Institu-tions Division of the Texas Depart-ment of Criminal Justice to beimprisoned for a total term of 10years to be served concurrently. Thecourt suspended the confinementand placed Demond on communitysupervision for 10 years to be servedconcurrently and ordered him to paya fine of $10,000, court costs of

$378, and restitution of $212,000.These convictions would subjectDemond to compulsory discipline.

On October 20, 2015, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of Eric LeeFredrickson [#00790715], 52, ofTacoma, Washington. Fredricksonpreviously resigned from the practiceof law in Washington before the Dis-ciplinary Board of the WashingtonState Bar Association in a matterstyled In re Eric Lee Fredrickson,Lawyer, Bar No. 44759, ProceedingNo. 15#00020. That resignation inlieu of discipline would subjectFredrickson to reciprocal discipline.

On October 20, 2015, theSupreme Court of Texas acceptedthe resignation in lieu of disci-pline of James Robert Smith[#18621500], 72, of Houston. At thetime of Smith’s resignation, therewere 13 disciplinary matters pendingagainst him alleging that he neglectedthe legal matters entrusted to him,failed to keep his clients reasonablyinformed about the status of theirlegal matters, and failed to promptlycomply with reasonable requests forinformation. Smith also entered intoa business transaction with a clientwithout giving an opportunity forthe client to seek the advice of inde-pendent counsel, failed to hold fundsand other property belonging inwhole or in part to his clients thatwere in his possession separate fromhis own property, and upon termina-tion of the representation, failed torefund advance payments of feesthat had not been earned. Smithalso engaged in conduct involvingdishonesty, fraud, deceit, or misrep-resentation and failed to respond togrievances.

JUDICIAL ACTIONS

On September 22, 2015, the StateCommission on Judicial Conductissued a public warning and order ofadditional education to JacquelineWright, justice of the peace ofPrecinct 4 in Fort Worth, TarrantCounty. Wright violated Canons 2Aand 4A(1) of the Texas Code of Judi-cial Conduct and Article V, Section1-a(6) of the Texas Constitution.

RESIGNATIONS

On August 28, 2015, the SupremeCourt of Texas accepted the resigna-tion in lieu of discipline of Peter A.Bergman [#02198400], 65, of Hous-ton. At the time of Bergman’s resig-nation, there were five disciplinary

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.

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. 11 • Texas Bar Journal 887

Smith violated Rules 1.01(b)(1),1.03(a), 1.08(a), 1.14(a), 1.15(d),8.04(a)(3), and 8.04(a)(8).

SUSPENSIONS

On October 19, 2015, William L.Baskette [#01871400], 60, of SanAntonio, agreed to a six-monthfully probated suspension effectiveNovember 1, 2015. The District 10Grievance Committee found thatBaskette neglected a client matterand failed to keep a client reasonablyinformed.

Baskette violated Rules 1.01(b)(1)and 1.03(b). He was ordered to pay$3,000 in restitution and $500 inattorneys’ fees and direct expenses.

On October 5, 2015, Adam ThomasFroeschl [#24076390], 30, of SanAntonio, agreed to a two-year par-tially probated suspension effectiveOctober 1, 2015, with the first sixmonths actively served and theremainder probated. The District 10Grievance Committee found thatFroeschl neglected client matters,failed to keep clients reasonablyinformed, failed to return unearnedfees paid to him, and failed torespond to grievances.

Froeschl violated Rules 1.01(b)(1),1.01(b)(2), 1.03(a), 1.15(d), and8.04(a)(8). He was ordered to pay$1,800 in restitution and $800 inattorneys’ fees and direct expenses.

On September 15, 2015, WillieStephen Graves [#08313010], 62,of San Antonio, accepted a six-month fully probated suspensioneffective September 1, 2015. The45th Civil District Court of BexarCounty found that Graves commit-ted professional misconduct by vio-lating Rules 1.03(a) [failing to keep aclient reasonably informed about thestatus of a matter and promptly com-ply with reasonable requests for infor-mation], 1.14(a) [failing to holdfunds and other property belongingin whole or part to clients or third

of the District 4 Grievance Commit-tee found that Hinchman failed tokeep his client reasonably informedabout the status of her divorce andfurther failed to promptly complywith her reasonable requests forinformation. In addition, upon ter-mination of his representation,Hinchman failed to refund advancepayments of fees that had not beenearned and also failed to complywith requests for the return of theclient’s file.

Hinchman violated Rules 1.03(a)and 1.15(d). He was ordered to pay$2,000 in restitution and $1,396.95in attorneys’ fees and direct expenses.

On September 23, 2015, Scott K.Huber [#24013905], 48, of Dallas,received a 12-month partially pro-bated suspension effective October15, 2015, with the first three monthsactively suspended and the remain-

persons in a lawyer’s possession sepa-rate from the lawyer’s own property],and 1.14(b) [failing to promptlydeliver to the client or third personany funds or other property that theclient or third person is entitled toreceive].

Graves was ordered to pay $1,100in attorneys’ fees and direct expenses.

On September 21, 2015, Paul H.Guillotte Jr. [#08597100], 52, ofAthens, received a 24-month fullyprobated suspension effective Octo-ber 1, 2015. On March 12, 2013,Guillotte was hired to defend a per-sonal injury matter and was paid$10,000. Upon request, Guillottefailed to promptly render a fullaccounting of the attorneys’ feespaid. Upon termination of represen-tation, Guillotte failed to refundadvance payments of fees that hadnot been earned.

Guillotte violated Rules 1.14(b)and 1.15(d). He was ordered to pay$5,000 in restitution and $1,500 inattorneys’ fees and direct expenses.

On October 21, 2015, BrianAnthony Hamner [#24041050], 40,of San Antonio, agreed to a two-yearpartially probated suspension withthe first seven months activelyserved and the remainder probated.The District 10 Grievance Com-mittee found that Hamner neglecteda client matter, failed to communi-cate with a client, failed to returnthe unearned portion of the fees,and engaged in conduct involvingmisrepresentation.

Hamner violated Rules 1.01(b)(1),1.03(a), 1.03(b), 1.15(d), and 8.04(a)(3).He was ordered to pay $5,200 inrestitution and $1,100 in attorneys’fees and direct expenses.

On August 24, 2015, Gary A.Hinchman [#09684350], 60, ofHouston, received a one-year fullyprobated suspension effective Au-gust 24, 2015. An evidentiary panel

DISCIPLINARY ACTIONS

OOur trial team has the

experience and unparalleled success to get

the right results.

Jennifer A. Hasley Board Certified, Civil Trial law

Texas Board of Legal Specialization 20 Years Trial Experience

including as Assistant Disciplinary Counsel

State Bar of Texas

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

legal malpractice

5252 Westchester, Suite 125 Houston, Texas 77005

713.667.6900 / 713.667.6904 fax

info@hasleyscarano.com www.hasleyscarano.com

Hasley Scarano, L.L.P.attorneys & counselors

888 Texas Bar Journal • December 2015 texasbar.com

explain the civil matter to the extentreasonably necessary to permit thecomplainant to make informed deci-sions regarding the legal representa-tion. Parker further failed to timelyfurnish to the Office of Chief Disci-plinary Counsel a response or otherinformation as required by the TexasRules of Disciplinary Procedure. Hedid not in good faith timely assert aprivilege or other legal ground for hisfailure to do so.

Parker violated Rules 1.02(a)(1),1.03(a), 1.03(b), and 8.04(a)(8). Hewas ordered to pay $3,000 in restitu-tion and $3,000 in attorneys’ feesand direct expenses.

On August 12, 2015, Jon PhillipThomas [#24037593], 37, of Hous-ton, received a three-year partiallyprobated suspension effective March12, 2015, with the first year activelysuspended and the remaining twoyears probated. An evidentiary panelof the District 4 Grievance Commit-tee found that Thomas neglected thelegal matter entrusted to him, failedto keep his client reasonably informedabout the status of his legal matter,and failed to promptly comply withreasonable requests for information.Upon termination of representation,Thomas failed to surrender papersand property to which the client wasentitled and failed to refund advancepayments of fees that had not beenearned. Thomas practiced law in ajurisdiction where doing so violatedthe regulation of the legal professionin that jurisdiction; engaged in con-duct involving dishonesty, fraud,deceit, or misrepresentation; andfailed to timely furnish to the Officeof Chief Disciplinary Counsel aresponse or other information asrequired by the Texas Rules of Disci-plinary Procedure.

Thomas was ordered to pay $1,300in restitution and $220 in attorneys’fees and direct expenses.

Thomas has filed a notice ofappeal.

Order Granting Petitioner’s Motionfor Discovery Sanctions entered onMarch 11, 2015; and $972.88 indirect expenses.

On October 7, 2015, Randall DaleParker [#24025583], 44, of Dallas,received a 12-month partially pro-bated suspension effective October15, 2015, with the first three monthsactively suspended and the remain-der probated. An evidentiary panelof the District 6 Grievance Commit-tee found that after Parker was hiredas legal counsel on August 25, 2009,he failed to abide by the com-plainant’s decisions concerning theobjectives and general methods ofrepresentation, failed to keep thecomplainant reasonably informedabout the case, and failed to promptlycomply with reasonable requests forinformation about the status of thecivil matter. Parker also failed to

der probated. An evidentiary panelof the District 6 Grievance Commit-tee found that on or about June 26,2009, the complainant hired Huberin connection with a civil matter. Inrepresenting the complainant, Huberneglected the legal matter entrustedto him by failing to perform any workon the matter and failing to promptlycomply with reasonable requests forinformation from the complainant.Huber failed to timely furnish to theOffice of Chief Disciplinary Counsela response or other information asrequired by the Texas Rules of Disci-plinary Procedure. He did not ingood faith timely assert a privilege orother legal ground for his failure todo so.

Huber violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8). He wasordered to pay $1,000 in restitution;$2,120 in attorneys’ fees; $250 inattorneys’ fees as ordered in the

Two Riverway, Suite 1080Houston, Texas 77056

DISCIPLINARY ACTIONS

Will you REPRESENT YOURSELF? Socrates did and how did that

turn out for him?

BBRRUUCCE AA. CCAAMMPPBBEELLLL OVER 25 YEARS EXPERIENCE IN

DISCIPLINARY MATTERS AND

LEGAL MALPRACTICE DEFENSE

STATEWIDE PRACTICE

CAMPBELL & ASSOCIATES LAW FIRM, PC

4201 SPRING VALLEY RD. SUITE 1250

DALLAS , TX 75244

972-277-8585 (O) 972-277-8586 (F) INFO@CLLEGAL .COM

CLLEGAL.COM

GRIEVANCE & LEGAL

MALPRACTICE DEFENSE

texasbar.com/tbj Vol. 78, No. 11 • Texas Bar Journal 889

On October 6, 2015, Jon PhillipThomas [#24037593], 37, of Hous-ton, agreed to a 12-month partiallyprobated suspension effective Sep-tember 28, 2015, with the first 30days actively suspended and theremainder probated. An evidentiarypanel of the District 4 GrievanceCommittee found that Thomasfailed to timely furnish a response orother information to the Office ofChief Disciplinary Counsel asrequired by the Texas Rules of Disci-plinary Procedure. Thomas did notin good faith timely assert a privilegeor other legal ground for his failure todo so and violated a disciplinaryjudgment.

Thomas violated Rules 8.04(a)(7)and 8.04(a)(8). He was ordered topay $1,720 in attorneys’ fees.

PUBLIC REPRIMANDS

On October 16, 2015, MelissaAnn Deutsch [#24063946], 33, ofAustin, accepted a public repri-mand. An evidentiary panel of theDistrict 9 Grievance Committeefound that on or about July 8, 2011,the complainant hired Deutsch torepresent the complainant and hisdaughter for a deceptive trade prac-tices suit. Deutsch prepared andfiled a petition on August 30, 2011.From July 27, 2012, to July 17,2013, Deutsch failed to respond totelephone calls, letters, and emailsfrom the complainant seeking infor-mation regarding the status of thecomplainant’s case. When the com-plainant hired new counsel, Deutschfailed to respond to the new attor-ney’s attempts to contact her.

Deutsch violated Rules 1.03(a)and 8.04(a)(1) and Article X, Sec-tion 9 of the State Bar Rules. Shewas ordered to pay $1,096.91 inattorneys’ fees and direct expenses.

On October 6, 2015, Walter C.Prentice [#16249400], 68, ofAustin, accepted a public repri-mand. An evidentiary panel of the

District 9 Grievance Committeefound that on or about February 10,2014, the complainant hired Pren-tice to represent her son in a DWIcase. Prentice sent a letter of repre-sentation to the Texas Departmentof Public Safety on or about Febru-ary 24, 2014. He went to two pre-trial hearings and reset thecriminal matter. An administrativelicense revocation hearing beforeDPS was set for April 17, 2014, butPrentice failed to notify the com-plainant or her son of the hearingdate. Prentice did not attend thehearing. On or about April 20,2014, the complainant’s son wasinformed that his driver’s licensewas suspended. Thereafter, thecomplainant attempted to contactPrentice repeatedly via telephone,text message, and email. Prenticeonly responded to one of theseattempts at communication wherein

Representing AttorneysPrincipal Office – 979.694.70001515 Emerald Plaza • College Station, TX 77845

Austin – 512.501.36171106 West Avenue • Austin, TX 78701

www.westwebblaw.com

When your client becomesyour adversary...

It’s time to hire

Gaines WestIt’s time to hire

Gaines West

Experience,Depth-of-Staff,

Diplomacy,Tenacity

Experience,Depth-of-Staff,

Diplomacy,Tenacity

State Bar of TexasGrievance Oversight Committee

Appointed 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, Member

State Bar of TexasGrievance Oversight Committee

Appointed 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, Member

When yoour clieient beecooyoour a vverssa yy.....yy.rrarevdddvdvauyyo

cbnelcuyyoehW

It’s time too hhire

Gaine WeestsWWeesniaGritmit’’tI

tata Ba xaashhf Teoof r e BaS

Grievvvan e vvers ghght CoCommittteee

Apppoointedd by y the TT xaass Supreme CoCoourt

C aai , 2200006-6-6-2200110  , Meembeber, 22000404-4-4-2200110

T d f

errr,rmMMeMeirrr,rhhCCh

rumerpuSxxaeTeTehtbetnoipAAp

timms

ohT

siiof

revvOOccB

naieerGxeTTeattaS

 

   

    

 

   

    

omesemo

 

   

    

 

   

    

T xaas Booardrd oofDisciplina yy Ay Apppeealsls

Apppoointedd by the TeTexas Supreme CoCoourt

C aaiir anan,n, 2200001-1-1-2200003Vi e C aaiir aan, n, 11999494-4--1199996, 1199998-8--22000006,

Meembeber, 1199992-2--11999696, 6, 6, 1199997-7-7-2200003

Sta e Bar of f TexaasBa otaDDissc pplinaar

dduulelees ooff P oofeesssioionaly

CoCond cct CoCommmittee

Meembeber, 1199993-3--1199996

Disisc plina yypR vvieww CoCommittteee

Meembebe , 1199991-1--1199992

a dadat , Febblolowlloioio , as s BaBaar r FoounTT

e BaAAAA

a , berem, MBaBarr ooff TexStta eBrazozoos CoCoounty y BaBaar Ar Asssociaiatioio , , MemberebmeMnnot

bac

eosAtnuarB

ebbmwl

eMMMass,

xxaeTeTeFouu

ttaSs lleeeFnnotaanuFFoxxaeTTeTe

ererr,rmMMeti

ymmmoiee

pCewewveeR

rraniliicsD

errr,rmMMe

ettimouudduy

noyd

p anosfferrrPy RRr

rryniliiiicixeTTeattaS

err9

r,rmMMemmrhhCChiccceVViVi

mmrhhCCh

rumerpuSaxxaehtbetniipAAp

apAAprranilpicsiDaBxxeeTTe

 

   

    

 

   

    

 

   

    

 

   

    

m.cowbblaawewwestw.wwww.X 78701, TXnistue • AAuunevveest AAv1106 WWe

n – 512.501.3617istuAA

X 77845, TTXniottae Sleggea • Colzlald Parem1515 El Office – 979.694.7000paicnriP

syyseeynorrnttAAtgginngtnnteenseeprreRRe

xx eeerienence,De tth-oof- taa ff,

Diplolomaacycy,Tenaac tyyttiannTee

yy,aommpiDfffatttataSShtepD

ecirppxEE

 

   

    

 

   

    

512.480.9074 / 1.800.252.9332INFO@TLIE.ORG / WWW.TLIE.ORG

TLIEnduring

With over 35 years in the business, and our enduring commitment to exceptional coverage, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. TLIE is also a Preferred Provider of the State Bar of Texas and has returned over $36,550,000 to our policyholders. See why our enduring commitment, exceptional coverage and remarkable staff make the difference.

Jett Hanna, Senior Vice President – Loss Prevention

@TLIE_ facebook.com/TLIE01

nduringTLIE

nduring

s, and our enduring business in the earer 35 yvith oW

e has change ExancInsurwyLaas xee, Tagervoc

eptional cxo eommitment tc

w bos in a rearour yas fxeTompane cancy insurliabilit

sional esofed best protbeen v

s, and our enduring s in the

e has s’ erwy

eptional

y w by in ompan

sional

as and has xee Bar of Tthe Statvider of ored Perrefris also a P

azine. TLIE er magwyas LaxeT

,er $36,550veturned ors. See who our policyholdert

e the able staff makemarkre and agervoeptional ccxe

ommitment, our enduring c

e.encerdiff

as and has vider of

azine. TLIE

000 ,y s. See wh

e the e and

ommitment,

TLIE.. WWW/G ORO@TLIE.INF9252.. 1.800/4 790.48012.5

@TLIE_ /TLIE0omcebook.acf

GORTLIE.3329

1/TLIE0

TLIEnduringnduringTLIEnduring

890 Texas Bar Journal • December 2015 texasbar.com

ing another to do so, or doing sothrough the acts of another, whetheror not such violation occurredin the course of a client-lawyerrelationship (1).

8.04(a)(8)—for failing to timelyfurnish to a district grievance com-mittee a response or other informa-tion as required unless he or shetimely asserts a privilege or otherlegal ground for failure to do so (1).

8.04(a)(11)—for engaging in thepractice of law when the lawyer ison inactive status or when thelawyer’s right to practice has beensuspended or terminated, includingbut not limited to situations wherea lawyer’s right to practice has beenadministratively suspended for fail-ure to timely pay required fees orassessments or for failure to complywith Article XII of the State BarRules relating to mandatory con-tinuing legal education (1). TBJ

client reasonably informed aboutthe status of a matter and promptlycomply with reasonable requests forinformation (7).

1.03(b)—for failing to explain amatter to the extent reasonablynecessary to permit the client tomake informed decisions regardingrepresentation (1).

1.14(b)—for failing, upon receiv-ing funds or other property in whicha client or third person has aninterest, to promptly notify theclient or third person and render afull accounting upon request (2).

1.15(d)—for failing, upon termi-nation of representation, to reason-ably protect a client’s interests,give notice to the client to seekother counsel, or surrender papersand property that belong to theclient (2).

8.04(a)(1)—for violating theserules, knowingly assisting or induc-

he instructed the complainant to tellher son to drive carefully to workand to not drive at night.

Prentice violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(1) and ArticleX, Section 9 of the State Bar Rules.He was ordered to pay $487.35 inattorneys’ fees and direct expenses.

PRIVATE REPRIMANDS

Listed below is a breakdown ofTexas Disciplinary Rules of Profes-sional Conduct violations for 13attorneys, 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 (8).

1.01(b)(2)—for failing to carry outcompletely the obligations owed to aclient (1).

1.03(a)—for failing to keep a

DISCIPLINARY ACTIONS

Don’t Play the Odds, Play It Safe.

Don’t PDon’t P

Play the OPlay the O

dds, Play dds, Play

It Safe.It Safe.

s challenging envtoday

e of the CNA insurance companies prOne or moremember that only the rconstitute a binding contract. Please r

be subject to change without notice. CNA is a r

. Call The PROs TtaintyBet On Cer800.906.9654

onment.vir

oducts and/or services described. The information is intended to provide the pre of the CNA insurance companies provide the actual terms, coverages, amounts, conditions and exclusions for an insurelevant insurance policy can premember that only the r

ed trademark of CNA Financial Corporation. Copyright (c) 2013 CNA. All rights registerbe subject to change without notice. CNA is a r

odaCall The PROs TTo• o.com gilsbarpr

esent a general overview for illustrative purposes onlyoducts and/or services described. The information is intended to provide the actual terms, coverages, amounts, conditions and exclusions for an insur

ed trademark of CNA Financial Corporation. Copyright (c) 2013 CNA. All rights r

.oday

. It is not intended to esent a general overview for illustrative purposes onlyoducts and services may ed. All provide the actual terms, coverages, amounts, conditions and exclusions for an insur

eserved.ed trademark of CNA Financial Corporation. Copyright (c) 2013 CNA. All rights r