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Lawyer Discipline: State Bar of Texas

January 4, 2019 Allen Pusey

Here are the latest Texas attorney resignations and suspensions, as reported by the State Bar of Texas.

RESIGNATIONS

Ronald W. Danforth, McKinney

On November 8, 2018, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Ronald W. Danforth [#05352970], 55, of McKinney. At the time of Danforth’s resignation, there were two pending matters against him. On September 1, 2017, Danforth was suspended from the practice of law for failure to pay required fees after receiving mailed and emailed notices regarding his delinquency. Despite having a suspended law license, Danforth contacted the Denton County District Attorney on September 5, 2017, and September 6, 2017, to request dis- covery on behalf of his client in Case No. F17-628-211 pending in Denton County, Texas. In the second matter, in July 2017, Danforth represented a client in Cause No. 04-TR17-02294 pending in Collin County. The client provided funds to Danforth to settle the case and Danforth failed to safeguard the client’s funds. Danforth also failed to return or refund the funds to the client.

Danforth violated Rules 1.14(a),1.14(b), and 8.04(a)(11).

Tamer Farouk Morsi, San Antonio

On November 8, 2018, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Tamer Farouk Morsi [#24041530], 45, of San Antonio. At the time of the resignation, there were six disciplinary actions pending alleging Morsi neglected clients’ matters, failed to communicate with clients, violated trust account rules, failed to return unearned fees, violated a prior disciplinary judgment, and failed to respond to grievances.

Morsi violated Rules 1.01(b)(1), 1.03(a), 1.03(b), 1.14(a), 1.14(b), 1.14(c), 1.15(d), 3.04(d), 8.04(a)(7), and 8.04(a)(8).

J. Esequiel Ramos Jr., Corpus Christi

On November 8, 2018, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of J. Esequiel Ramos Jr. [#16508030], 59, of Corpus Christi. At the time of the resignation, there were three disciplinary actions pending alleging Ramos neglected clients’ matters, failed to communicate with clients, accepted employment in legal matters beyond his competence, failed to supervise his non-lawyer staff, permitted the conduct of a non-lawyer to be in violation of disciplinary rules, violated trust account rules, and shared legal fees with a non-lawyer.

Ramos violated Rules 1.01(a), 1.03(a), 1.03(b), 1.14(a), 1.15(d), 5.03(a), and 5.04(a).

SUSPENSIONS

Simeon Olumide Coker, Dallas

On August 20, 2018, Simeon Olumide Coker [#24049013], 42, of Dallas, received a 36-month active suspension effective October 1, 2018. The 191st District Court of Dallas County found that Coker committed professional misconduct by violating Rules 1.01(b)(1) [In representing a client, a lawyer shall not neglect a legal matter entrusted to the lawyer], 3.02 [In the course of lit- igation, a lawyer shall not take a posi- tion that unreasonably increases the costs or other burdens of the case or that unreasonably delays resolution of the matter], and 3.04(d) [A lawyer shall not knowingly disobey, or advise the client to disobey, an obligation under the standing rules of or a ruling by a tribunal except for an open refusal based either on an assertion that no valid obligation exists or on the client’s willingness to accept any sanctions arising from such disobedience].

Coker was ordered to pay $5,012.31 in attorneys’ fees and direct expenses. He filed an appeal on November 15, 2018.

Afton Jane Izen, Houston

On October 23, 2018, Afton Jane Izen [#10443400], 69, of Houston, received a 24-month partially probated suspension effective November 1, 2018, with the first six months actively served and the remainder probated. An evidentiary panel of the District 4 Grievance Committee found that Izen failed to keep her client reasonably informed about the status of the case and failed to explain matters to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Upon termination of the representation, Izen failed to take steps to the extent reasonably practicable to protect her client’s interests, such as surrendering the client file.Izen violated Rules 1.03(a), 1.03(b), and 1.15(d). She was ordered to pay $3,475 in attorneys’ fees and direct expenses.

Jenna Jae Martin, Abilene (2 Complaints)

On November 26, 2018, Jenna Jae Martin [#24074655], 33, of Abilene, agreed to a 12-month fully probated suspension effective December 1, 2018. An evidentiary panel of the District 14 Grievance Committee found that during the course of representing com- plainants she neglected the legal matters entrusted to her, failed to keep the complainants reasonably informed about the status of their cases, and failed to promptly comply with the complainants’ reasonable requests for information. Upon termination of representation, Martin failed to surrender papers and property to which the complainants were entitled. Martin also frequently failed to carry out completely the obli- gations she owed to one complainant by failing to set a hearing on a motion filed on the complainant’s behalf.

Martin violated Rules 1.01(b)(1), 1.01(b)(2), 1.03(a), and 1.15(d). She was ordered to pay $2,901 in attorneys’ fees and direct expenses.

On November 26, 2018, Jenna Jae Martin [#24074655], 33, of Abilene, agreed to a 12-month fully probated suspension effective December 1, 2018. An evidentiary panel of the District 14 Grievance Committee found that on February 17, 2017, a complainant hired Martin to represent her and her husband in an adoption matter. In representing the complainant, Martin neglected the legal matter entrusted to her, failed to keep the complainant reasonably informed about the status of her case, and failed to promptly comply with the complainant’s reasonable requests for information about her case. Upon termination of representation, Martin failed to surrender papers and property to which the complainant was entitled. Martin also failed to respond to the grievance that the complainant filed against her.

Martin violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(8). She was ordered to pay $949.50 in attorneys’ fees and direct expenses.

Robert A. McAllister Jr., Houston

On November 20, 2018, Robert A. McAllister Jr. [#13320700], 69, of Houston, received a six-month fully probated suspension effective December 1, 2018. The 55th District Court of Harris County found that McAllister violated Rule 5.04(a) [prohibiting a lawyer from sharing or promising to share legal fees with a non-lawyer]. McAllister was ordered to pay $3,000 in attorneys’ fees and direct expenses.

Stuart R. Oliphint, Fort Worth

On October 11, 2018, Stuart R. Oliphint [#00789526], 59, of Fort Worth, received a 12-month fully probated suspension effective November 1, 2018. An evidentiary panel of the District 7 Grievance Committee found that in 2010, a complainant retained Oliphint to represent her in an uncon- tested divorce. In representing the complainant, Oliphint frequently failed to carry out completely the obli- gations he owed to the complainant by failing to obtain the divorce for the complainant. Oliphint failed to keep the complainant reasonably informed about the status of her case and failed to promptly comply with reasonable requests for information from the complainant. Further, Oliphint failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required or timely assert a privilege or other legal ground for failure to do so.

Oliphint violated Rules 1.01(b)(2), 1.03(a), and 8.04(a)(8). He was ordered to pay $1,500 in restitution and $750 in attorneys’ fees and direct expenses.

Kirby Jerome Portley, Austin

On November 14, 2018, Kirby Jerome Portley [#24085865], 34, of Austin, agreed to a one-year fully probated suspension effective November 15, 2018. An evidentiary panel of the District 10 Grievance Committee found that Portley dismissed clients’ lawsuit with- out the clients’ consent, failed to keep the clients reasonably informed, and failed to promptly respond to reasonable requests for information from clients.

Portley violated Rules 1.02(a)(2), 1.03(a), and 1.03(b). He was ordered to pay $1,600 in restitution and $1,500 in attorneys’ fees and direct expenses.

Allen Pusey

Allen Pusey is a senior editor and writer at The Texas Lawbook.

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