The monthly report of the State Bar of Texas on disciplinary actions taken against lawyers for May is in. There were 15 lawyers disciplined: One disbarment, two resignations, 10 suspensions and two public reprimands. Six of the lawyers suspended were from Greater Houston and two from Dallas
DISBARMENTS
Robert Aaron Markle (The Woodlands)
Matter One
On January 21, 2021, Robert Aaron Markle [#24098037], of The Woodlands, was disbarred.
An evidentiary panel of the District 3 Grievance Committee found that in the first matter, Markle neglected his client’s case, failed to promptly comply with his client’s reasonable requests for information, and failed to explain the case to the extent reasonably necessary to permit his client to make informed decisions. Markle also failed to hold his client’s funds in a trust account and failed to refund any unearned fees. Markle further failed to respond to the grievance. In the second matter, Markle took a position that unreasonably increased the costs or other burdens of the case and unreasonably delayed resolution of the case. Markle also failed to respond to the grievance. In the final matter, Markle failed to keep his client reasonably informed about the status of her case and failed to promptly comply with his client’s reasonable requests for information. Markle further failed to promptly deliver funds to his client that she was entitled to receive and failed to promptly render a full accounting regarding her funds. Markle also failed to respond to the grievance. Markle violated Rules 1.01(b)(1), 1.01(b)(2), 1.03(a), 1.03(b), 1.14(a), 1.14(b), 1.15(d), 3.02, 8.04(a)(3), and 8.04(a)(8). He was ordered to pay $5,000 in restitution and $3,250 in attorneys’ fees and direct expenses.
Matter Two
On January 21, 2021, Robert Aaron Markle [#24098037], of The Woodlands, was disbarred. An evidentiary panel of the District 3 Grievance Committee found that in the first matter, Markle neglected his client’s case, failed to keep his client reasonably informed about the status of his case, and further failed to promptly comply with his client’s reasonable requests for information. Markle also failed to respond to the grievance. In the second matter, Markle neglected his client’s case, failed to keep his client reasonably informed about the status of his case, and further failed to promptly comply with his client’s reasonable requests for information. Furthermore, Markle failed to refund advance payments of fees that had not been earned. Markle also failed to respond to the grievance. Markle violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(8). He was ordered to pay $4,500 in restitution and $2,575 in attorneys’ fees and direct expenses.
RESIGNATIONS
Terry P. Gorman (Dallas)
On March 3, 2021, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Terry P. Gorman [#08218200], of Dallas. At the time of Gorman’s resignation, the following disciplinary cases were pending against him.
In the first case, the complainant hired Gorman on June 3, 2019, to sue a former employer after receiving a right to sue letter dated May 16, 2019, from the Equal Employment Opportunity Commission, or EEOC. The deadline to file suit was August 14, 2019, 90 days from the date of the letter. Gorman failed to timely file suit. Additionally, the complainant attempted to contact Gorman numerous times, but Gorman failed to respond until after the statute of limitation had run on the complainant’s claims. Furthermore, Gorman did not inform the complainant that he failed to timely file suit or discuss any concerns he had about the complainant’s claims until September 18, 2020.
In the second case, the complainant initially hired the Law Office of Donald G. Henslee (“Henslee”) on August 4, 2017, to send a demand letter to the complainant’s son’s former school concerning special education services. Gorman was “of counsel” to the Henslee firm and assigned to handle the complainant’s case. Gorman recommended, and the complainant agreed, that the complainant should file suit without sending a demand letter.
After the complainant’s suit was filed, the opposing party answered and presented a counter-claim for defamation. Gorman represented to the complainant that he would file an anti- SLAPP motion to dispose of the defamation claim but failed to do so. Subsequently, the opposing party served Gorman with written discovery requests. Gorman timely answered the requests for admissions but failed to adequately respond to interrogatories or requests for production of documents. The opposing party filed two motions to compel discovery and for sanctions. After a hearing, the court sanctioned the complainant and ordered him to pay a total of $1,000. Gorman failed to notify the complainant of the filed pleadings, the hearings, or the sanctions. Eventually, Gorman paid the $1,000.
In July 2018, Henslee resigned in lieu of discipline. Neither Henslee nor Gorman notified the complainant that Henslee could no longer practice law. In the third case, the complainant initially hired the Law Office of Donald G. Henslee (“Henslee”) in November 2017 to file a complaint with the Texas Education Agency, or TEA. Gorman was “of counsel” to the Henslee firm and assigned to handle the complainant’s case. In a telephone conversation on December 14, 2017, Gorman told the complainant that he would file complaints with TEA; Equal Employment Opportunity Commission, or EEOC; Texas Workforce Commission; and Texas’ Civil Rights Office. The complainant agreed with Gorman’s recommendations, but Gorman did not file any of the complaints.
The complainant, without the assistance of counsel, filed a complaint with the EEOC and obtained a right to sue letter on December 21, 2018. After the complainant provided Gorman with the right to sue letter, Gorman timely filed suit in federal court. However, without consulting the complainant, Gorman filed a voluntary dismissal of the federal suit on June 14, 2019, and the case was dismissed without prejudice. The same day Gorman refiled an almost identical federal lawsuit in the same court in hopes of getting it assigned to another judge. The complainant terminated Gorman’s representation and proceeded pro se. After a hearing, the court dismissed the second lawsuit because: 1) at the time the second lawsuit was filed some of the claims were time-barred; and 2) those claims filed before the expiration of the statute of limitations were not supported by the facts pleaded. Subsequently, Gorman represented to the complainant that he would appeal the dismissal. However, Gorman failed to timely file the notice of appeal and did not timely order court transcripts. Ultimately, the appeal was dismissed for failing to timely file the notice of appeal. Gorman violated Rules 1.01(b)(1), 1.01(b)(2), 1.03(a), 1.03(b), 3.02, and 3.04(d).
Bryan Lee Simmons (Bloomburg)
On March 3, 2021, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Bryan Lee Simmons [#24033190], of Bloomburg. At the time of Simmons’ resignation, there was one pending matter against him alleging professional misconduct. On November 12, 2020, Simmons was convicted of violating 21 U.S.C. § 846 and 21 U.S.C. § 841(b)(1)C)— conspiracy to distribute and possess with intent to distribute a controlled substance (methamphetamine). Simmons was sentenced to 48 months’ incarceration and, upon release from imprisonment, Simmons was ordered to not serve as an attorney or engage in the practice of law in any capacity for a period of three years. Simmons violated Rule 8.04(a)(2).
SUSPENSIONS
Scottie Allen (Dallas)
On March 5, 2021, SCoTTIE AllEN [#01058020], of Dallas, agreed to a 32- month fully probated suspension effective March 1, 2021. An evidentiary panel of the District 6 Grievance Committee found that on or about August 10, 2015, Allen was hired to represent the complainant in two criminal cases. In representing the complainant, Allen failed to keep the complainant reasonably informed about the status of the case and failed to promptly comply with reasonable requests for information from the complainant. Allen also failed to timely respond to the grievance filed against him without asserting a privilege or other legal ground for his failure to respond. Allen violated Rule 1.03(a) and 8.04(a)(8). He was ordered to pay $1,700 in restitution and $3,079.50 in attorneys’ fees and costs.
Blake Daniel Allred (Bayou Vista)
On March 18, 2021, Blake Daniel Allred [#24069292], of Bayou Vista, accepted a 24-month judgment of a fully probated suspension effective March 18, 2021. An evidentiary panel of the District 4 Grievance Committee found that while representing a client, Allred neglected the legal matters entrusted to him; failed to keep his client reasonably informed about the status of their matters and promptly comply with reasonable requests for information; failed to refund advance payments of fees that had not been earned; engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation; and failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required by the Texas Rules of Disciplinary Procedure. Allred violated Rules 1.01(b)(1), 1.03(a), 1.15(d), 8.04(a)(3), and 8.04(a)(8). He was ordered to pay $2,000 in restitution and $2,960 in attorneys’ fees and direct expenses.
Kenavon Tramayne Carter (Austin)
On March 4, 2021, Kenavon Tramayne Carter [#24044913], of Austin, accepted a one-year fully probated suspension effective April 1, 2021. An investigatory panel of the District 9 Grievance Committee found that Carter failed to timely return an unearned fee in a criminal matter. Carter violated Rule 1.14(b). He was ordered to pay $250 in attorneys’ fees and direct expenses.
Christopher Dante Demerson (College Station)
On March 15, 2021, Christopher Dante Demerson [#24066913], of College Station, accepted a three-year fully probated suspension effective May 1, 2021. An evidentiary panel of the District 8 Grievance Committee found that Demerson neglected a criminal matter entrusted to him and failed to explain the matter to the extent necessary to permit his client to make informed decisions regarding the representation. Demerson violated Rules 1.01(b)(1) and 1.03(b). He was ordered to pay $1,460.80 in attorneys’ fees and direct expenses.
Michael Stuart Driver (Houston)
On March 5, 2021, Michael Stuart Driver [#24069634], of Houston, accepted a one-year fully probated suspension effective March 15, 2021. An investigatory panel of the District 4 Grievance Committee found that Driver failed to abide by his client’s decisions concerning the objectives and general methods of representation, failed to promptly deliver to his client funds that she was entitled to receive, and upon request, failed to promptly render a full accounting regarding such funds. Driver also failed upon termination of representation to refund advance payments of fees that had not been earned. Driver violated Rules 1.02(a)(1), 1.14(b), and 1.15(d). He was ordered to pay $4,000 in restitution and $1,000 in attorneys’ fees and direct expenses.
Jesse Hernandez (San Antonio)
On March 2, 2021, Jesse Hernandez [#24050752], of San Antonio, agreed to a two-year fully probated suspension effective March 1, 2021. An investigatory panel of the District 10 Grievance Committee found that Hernandez neglected a client’s matter, failed to keep a client reasonably informed, failed to hold funds separate from his own property, and failed to promptly notify and deliver funds to the client and to the health care providers. Hernandez violated Rules 1.01(b)(1), 1.03(a), 1.14(a), and 1.14(b).
Jami Kay Shrader Nance (Round Rock)
On February 25, 2021, Jami Kay Shrader Nance [#24069057], of Round Rock, accepted a two-year fully probated suspension effective April 1, 2021. An investigatory panel of the District 10 Grievance Committee found that Nance failed to keep a client reasonably informed, failed to hold a client’s funds separate from her own property, and failed to respond to lawful demands for information from a disciplinary authority. Nance violated Rules 1.03(a), 1.03(b), 1.14(a), and 8.01(b).
George Angelo Oggero (Houston)
On March 29, 2021, George Angelo Oggero [#24060360], of Houston, received a two-year fully probated suspension effective April 12, 2021. An evidentiary panel of the District 4 Grievance Committee found that in representing the complainant in a claim against the homeowners insurance company, Oggero neglected the legal matter entrusted to him. Oggero failed to keep his client reasonably informed about the status of the matter and promptly comply with reasonable requests for information. Oggero failed to provide a written contingent fee agreement. Upon termination of representation, Oggero failed to take steps to the extent reasonably practicable to protect the client’s interests. Oggero violated Rules 1.01(b)(1), 1.03(a) 1.04(d), and 1.15(d). He was ordered to pay $1,500 in attorneys’ fees.
John Victor Mastriani (Houston)
Matter One
On March 2, 2021, John Victor Mastriani [#13184375], of Houston, accepted a 36-month judgment of partially probated suspension effective March 1, 2021, with the first six months actively suspended and the remainder probated. An evidentiary panel of the District 4 Grievance Committee found that while representing four clients, Mastriani neglected the legal matters entrusted to him, failed to keep his clients reasonably informed about the status of their matters and promptly comply with reasonable requests for information, failed to refund advance payments of fees that had not been earned, and failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required by the Texas Rules of Disciplinary Procedure. Mastriani violated Rules 1.01(b)(1), 1.03(a), 1.15(d), 8.04(a)(8), and 8.04(a)(11). He was ordered to pay $1,500 in restitution and $1,870.58 in attorneys’ fees and expenses.
Matter Two
On March 2, 2021, John Victor Mastriani [#13184375], of Houston, accepted a 36-month judgment of partially probated suspension effective March 1, 2021, with the first six months actively suspended and the remainder probated. An evidentiary panel of the District 4 Grievance Committee found that while representing four clients, Mastriani neglected the legal matters entrusted to him, failed to keep his clients reasonably informed about the status of their matters and promptly comply with reasonable requests for information, failed to refund advance payments of fees that had not been earned, failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required by the Texas Rules of Disciplinary Procedure, and engaged in the practice of law when the lawyer’s right to practice had been administratively suspended for failure to pay required fees and failure to comply with Article XII of the State Bar Rules relating to minimum continuing legal education. Mastriani violated Rules 1.01(b)(1), 1.03(a), 1.15(d), 8.04(a)(8), and 8.04(a)(11). He was ordered to pay $5,000 in restitution and $1,466 in attorneys’ fees and expenses.
Jerry B. Register (Huntsville)
On March 26, 2021, JERRy B. REGISTER [#16733500], of Huntsville, received a two-year partially probated suspension effective April 9, 2021, with the first six months actively suspended and the remainder probated. An investigatory panel of the District 5 Grievance Committee found that in representing the complainant in a property transaction, Register neglected the legal matter entrusted to him. Register frequently failed to carry out completely the obligations that he owed to his client. Register failed to keep his client reasonably informed about the status of the matter and promptly comply with reasonable requests for information. Register failed to explain the matter to the extent reasonably necessary to permit the client to make an informed decision regarding the representation. Register also engaged in conduct involving dishonesty, deceit, or misrepresentation. Register violated Rules 1.01(b)(1), 1.01(b)(2), 1.02(a)(1), 1.03(a), 1.03(b), and 8.04(a)(3). He was ordered to pay $5,000 in restitution and $1,500 in attorneys’ fees.
PUBLIC REPRIMANDS
Robert Roland Jones III (Houston)
On March 16, 2021, Robert Roland Jones III [#24092597], of Houston, accepted a public reprimand. An investigatory panel of the District 4 Grievance Committee found that Jones failed to hold funds belonging to his client separate from his own property and further failed to refund any advance payments of fees that had not been earned. Jones violated Rules 1.14(a) and 1.15(d). He was ordered to pay $500 in attorneys’ fees and direct expenses.
Omatayo J. Lawal (Houston)
On March 15, 2021, Omotayo J. Lawal [#24004144], of Houston, accepted a public reprimand. An evidentiary panel of the District 4 Grievance Committee found that Lawal neglected the legal matter entrusted to him. Lawal further failed to keep his client reasonably informed about the status of his case and failed to promptly comply with his client’s reasonable requests for information. Lawal violated Rules 1.01(b)(1), 1.03(a), and 1.03(b). He was ordered to pay $2,000 in restitution.