The State Bar of Texas released its monthly list of attorneys who have been disciplined in the course of the last three months. There were two disbarments, one resignation in lieu of discipline, 10 suspensions and three public reprimands involving 15 different lawyers — including a half dozen from Houston.
DISBARMENTS
Jeffrey Earl Crews (Houston)
On September 17, 2020, Jeffrey Earl Crews [#24012475], 59, of Houston, was disbarred. An evidentiary panel of the District 4 Grievance Committee found that, in representing a client, Crews neglected a legal matter entrusted to him, frequently failed to carry out completely the obligations he owed to his client, failed to keep his client reasonably informed about the status of her legal matter and failed to promptly comply with reasonable requests for information, and failed to explain a legal matter to the extent reasonably necessary to permit his client to make informed decisions regarding the representation. Crews, upon termination of representation, also 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.
Crews violated Rules 1.01(b)(1), 1.01(b)(2), 1.03(a), 1.03(b), 1.15(d), and 8.04(a)(8). He was ordered to pay $2,500 in restitution and $1,480 in attorneys’ fees and direct expenses.
Andrew David Vaughn (Canton)
On August 31, 2020, Andrew David Vaughn [#24056764], 39, of Canton, was disbarred. An evidentiary panel of the District 1 Grievance Committee found that in April 2017 the complainant retained Vaughn for representation in a potential criminal case and paid Vaughn an advance legal fee of $2,500. Thereafter, Vaughn failed to keep the complainant’s funds in a separate trust or escrow account.
Further, Vaughn violated a disciplinary judgment by representing the complainant while he was actively suspended from the practice of law and failing to notify the complainant of his suspension. Additionally, Vaughn 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.
Vaughn violated Rules 1.14(a), 8.04(a)(7), 8.04(a)(8), and 8.04(a)(10).
He was ordered to pay $2,500 in restitution and $1,984 in attorneys’ fees and costs.
Suspension (See Below)
RESIGNATION
Seth Parker Crosland (Dallas)
On October 13, 2020, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Seth Parker Crosland [#24069551], 45, of Dallas.
At the time of Crosland’s resignation, there was one pending matter against him alleging that, since 2013, Crosland has been sanctioned multiple times by various bankruptcy courts. The Bankruptcy Court for the Southern District of Texas sanctioned Crosland for multiple categories of misconduct in a Chapter 13 bankruptcy case. The Bankruptcy Court for the Western District of Texas sanctioned Crosland for misconduct in three Chapter 13 cases. In September 2017, Crosland filed a Chapter 7 bankruptcy petition on behalf of an individual at the request of the individual’s ex-spouse. In an adversary proceeding brought by the United States trustee, Crosland agreed to the imposition of sanctions and was suspended from filing cases in the Bankruptcy Court for the Northern District for two years. In May 2019, Crosland violated his suspension by taking bankruptcy clients from the Northern District of Texas and filing their cases in the Eastern District of Texas, even though venue was improper.
Between January and June 2019, Crosland filed 19 bankruptcy cases in the Eastern District for 23 debtors who lived in the Northern District.
Crosland allegedly violated Rules 1.01(b)(2), 1.03(a), 1.03(b), 3.01, 3.03(a)(1), 3.04(d), 5.05(a), 8.04(a)(3), and 8.04(a)(7).
SUSPENSIONS
Paul Jason Brower (Houston)
On October 6, 2020, Paul Jason Brower [#24040581], 44, of Houston, accepted a five-year partially probated suspension effective November 1, 2020, with the first three months actively suspended and the remainder probated.
An evidentiary panel of the District 4 Grievance Committee found that Brower accepted an appointment as guardian of a person and their estate, which he knew was beyond his competence; neglected the legal matter entrusted to him; and frequently failed to carry out completely the obligations he owed to his client. Brower also failed to promptly deliver to a third party funds that they were entitled to receive; upon termination of representation, failed to refund advance payments of fees that had not been earned; knowingly made a false statement of material fact or law to the tribunal; knowingly, in an ex parte proceeding, failed to disclose to the tribunal an unprivileged fact that Brower reasonably believes should be known by that entity for it to make an informed decision; and knowingly offered or used evidence that he knew to be false.
Brower violated Rules 1.01(a), 1.01(b)(1), 1.01(b)(2), 1.14(b), 1.15(d), 3.03(a)(1), 3.03(a)(3), and 3.03(a)(5).
He was ordered to pay $57,580.09 in restitution and $513.50 in attorneys’ fees and costs.
Kyle B. Collins (Austin)
On October 15, 2020, Kyle B. Collins [#04613400], 66, of Austin, accepted an 18-month partially probated suspension (six months active and 12 months probated), effective December 1, 2020. An investigatory panel of the District 9 Grievance Committee found that while representing two clients in criminal matters, Collins failed to timely return unearned fees to the clients.
Additionally, Collins failed to timely respond to the grievance filed by one of the clients.
Collins violated Rules 1.15(d) and 8.04(a)(8). He was ordered to pay $400 in restitution to one client and $1,850 in restitution to another client.
Corey Keitt Ferguson (Conroe)
Violation One
On October 5, 2020, Corey Keitt Ferguson [#24036553], 45, of Conroe, accepted a seven-month partially probated suspension, with the first month actively suspended, effective October 1, 2020. An investigatory panel of the District 3 Grievance Committee found that Ferguson neglected the legal matter entrusted to him, failed to keep his client reasonably informed about the status of her case, failed to promptly comply with his client’s reasonable requests for information, and failed to return unearned fees. Additionally, Ferguson failed to timely respond to the grievance.
Ferguson violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(8). He was ordered to pay $150 in restitution and $500 in attorneys’ fees and direct expenses.
Violation Two
On October 5, 2020, Corey Keitt Ferguson [#24036553], 45, of Conroe, accepted a seven-month partially probated suspension, with the first month actively suspended, effective October 1, 2020. An investigatory panel of the District 3 Grievance Committee found that Ferguson failed to return unearned fees and further failed to timely respond to the grievance.
Ferguson violated Rules 1.15(d) and 8.04(a)(8). He was ordered to pay $1,000 in restitution and $500 in attorneys’ fees and direct expenses.
Public Reprimand (See Below)
James Bruce Harris (Wichita Falls)
On October 7, 2020, James Bruce Harris [#24026926], 50, of Wichita Falls, received an agreed judgment of fully probated suspension effective November 1, 2020, and ending on October 31, 2021. An evidentiary panel of the District 14 Grievance Committee found that Harris was hired in May 2016 to represent a client in a criminal matter. In representing his client, Harris neglected the legal matter entrusted to him by failing to perform legal work on the criminal matter and failing to explain the criminal matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Harris also failed to promptly render a full accounting to his client regarding the fees paid. Upon termination of representation, Harris failed to refund advance payments of the fee that had not been earned. Harris also failed to provide a response to the grievance.
Harris violated Rules 1.01(b)(1), 1.03(b), 1.14(b), 1.15(d), and 8.04(a)(8). He was ordered to pay $5,000 in restitution and $2,300 in attorneys’ fees.
Charles Ray Johnson Jr. (Houston)
On October 9, 2020, Charles Ray Johnson Jr. [#24025742], 51, of Houston, accepted a six-month fully probated suspension effective October 1, 2020. An evidentiary panel of the District 4 Grievance Committee found that, upon termination of representation, Johnson failed to timely surrender property consisting of an investigator’s fee.
Johnson violated Rule 1.15(d). He was ordered to pay $750 in attorneys’ fees.
Candice Lee Leonard (Houston)
Violation One
On October 7, 2020, Candice Lee Leonard [#24005603], 49, of Houston, accepted a one-year fully probated suspension effective October 1, 2020.
The 190th District Court of Harris County found that Leonard violated Rule 3.02 [took a position that unreasonably increased the costs or other burdens of the case or that unreasonably delayed resolution of the matter] and Rule 3.03(a)(1) [knowingly made a false statement of material fact or law to a tribunal].
Leonard was ordered to pay $1,000 in attorneys’ fees.
Violation Two
On October 8, 2020, Candice Lee Leonard [#24005603], 49, of Houston, accepted a one-year fully probated suspension effective October 1, 2020.
The 189th District Court of Harris County found that Leonard violated Rule 3.02 [took a position that unreasonably increased the costs or other burdens of the case or that unreasonably delayed resolution of the matter], Rule 3.07(a) [knowingly disseminated an extrajudicial statement by means of public communication that had a substantial likelihood of materially prejudicing a proceeding], and Rule 4.04(b)(1) [threatened disciplinary charges solely to gain an advantage in a legal matter].
Leonard was ordered to pay $250 in attorneys’ fees.
John Luna Mendoza (Houston)
On October 1, 2020, John Luna Mendoza [#13937000], 80, of Houston, received a six-month partially probated suspension effective November 1, 2020, with the first month actively suspended and the remainder probated. An investigatory panel of the District 4 Grievance Committee found that in representing two clients in separate matters, Mendoza neglected the legal matters entrusted to him and frequently failed to carry out the obligations he owed to his clients.
Mendoza violated Rules 1.01(b)(1) and 1.01(b)(2). He was ordered to pay $1,500 in restitution.
Aaron Christian Seymour (New Braunfels)
On October 26, 2020, Aaron Christian Seymour [#24094943], 35, of New Braunfels, agreed to a four-year fully probated suspension effective October 1, 2020. An evidentiary panel of the District 15 Grievance Committee found that Seymour neglected a client’s matter and failed to keep a client reasonably informed.
Seymour violated Rules 1.01(b)(1) and 1.03(a). He was ordered to pay $200 in restitution and $800 in attorneys’ fees and direct expenses.
Cynthia Borgfeld Smith (Georgetown)
Violation One
On September 22, 2020, Cynthia Borgfeld Smith [#18553650], 72, of Georgetown, received a three-year partially probated suspension (one year active and two years probated). An evidentiary panel of the District 8 Grievance Committee found that after Smith was hired in June 2018 to represent a client in a child custody matter, Smith failed to contact the client for four months. The panel also found that after Smith met with the client in September 2018, for the purpose of signing final paperwork evidencing an agreement between the client and her ex-husband, Smith failed to file the final paperwork with the court and failed to return any of the client’s attempts to communicate with Smith. Subsequently, the client was forced to hire new counsel. Smith further failed to file a response to the grievance as required by the Texas Rules of Disciplinary Procedure.
Smith violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(8). She was ordered to complete 40 additional hours of CLE in the area of family law, eight additional hours in the area of law practice management, and to provide quarterly trust account reports to the State Bar of Texas. Smith was further ordered to pay $3,000 in restitution and $2,612 in attorneys’ fees and direct expenses.
Violation Two
On September 23, 2020, Cynthia Borgfeld Smith [#18553650], 72, of Georgetown, received a three-year partially probated suspension (two years active and one year probated). An evidentiary panel of the District 8 Grievance Committee found that after Smith was hired in May 2018 to represent a client in a child custody matter, Smith failed to file the necessary pleadings for several months. In September 2018, Smith told the client that she would draft the pleadings and those pleadings would be ready in a week. However, between October and November 2018, the client was unable to reach Smith concerning the status of her case and the filing of the pleadings.
The client then terminated Smith’s services and requested the return of unearned fees. Smith advised the client that she would return the unearned fees but failed to do so. When the unearned fees were not returned, the client contacted the Client Attorney Assistant Program, or CAAP, for help with communicating with Smith. Smith advised CAAP that the unearned fees had been returned. To date, the client has not received a refund from Smith.
Smith further failed to file a response to the grievance as required by the Texas Rules of Disciplinary Procedure.
Smith violated Rules 1.01(b)(1), 1.03(a), 1.15(d), 8.04(a)(3), and 8.04(a)(8). She was ordered to pay $2,500 in restitution and $2,849.51 in attorneys’ fees and direct expenses.
Andrew David Vaughn (Canton)
On August 31, 2020, Andrew David Vaughn [#24056764], 39, of Canton, received a 36-month active suspension effective March 1, 2021. An evidentiary panel of the District 1 Grievance Committee found that in or about November 2017 the complainant hired Vaughn for representation in her divorce and paid Vaughn an advance legal fee of $2,000. In representing the complainant, Vaughn neglected the legal matter entrusted to him by failing to complete any additional legal work on the case after filing the petition and negotiating an agreement for temporary orders, failed to keep the complainant reasonably informed about the status of her divorce, and failed to promptly comply with reasonable requests for information from the complainant.
Further, upon termination of representation, Vaughn failed to surrender papers and property to which the complainant was entitled and failed to refund advance payments of the fee that had not been earned.
Vaughn violated Rules 1.01(b)(1), 1.03(a), and 1.15(d). He was ordered to pay $2,000 in restitution and $740.50 in attorneys’ fees and costs.
PUBLIC REPRIMANDS
Corey Keitt Ferguson (Conroe)
On October 5, 2020, Corey Keitt Ferguson [#24036553], 45, of Conroe, accepted a public reprimand. An investigatory panel of the District 3 Grievance Committee found that Ferguson 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. Ferguson further failed to hold funds belonging in whole or in part to his client in a separate trust or escrow account, as well as failed to return unearned fees. Additionally, Ferguson failed to timely respond to the grievance.
Ferguson violated Rules 1.03(a), 1.14(a), 1.15(d), and 8.04(a)(8). He was ordered to pay $4,000 in restitution and $500 in attorneys’ fees and direct expenses.
Curtis Lilly (Fort Worth)
On September 3, 2020, Curtis Lilly [#24030063], 48, of Fort Worth, received a public reprimand. The District 6 Grievance Committee found that in August 2016, Lilly was hired to represent the complainant in a criminal matter. Lilly failed to withdraw from representing the complainant when Lilly was discharged.
Lilly violated Rule 1.15(a)(3). He was ordered to pay $1,897.68 in attorneys’ fees and direct expenses.
Lilly has filed an appeal.
Walter McNab Miller IV (Houston)
On October 14, 2020, Walter McNab Miller IV [#24065758], 49, of Houston, accepted a public reprimand. An evidentiary panel of the District 4 Grievance Committee found that Miller neglected his client’s case, 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.
Miller violated Rules 1.01(b)(1) and 1.03(a). He was ordered to pay $3,500 in restitution and $2,500 in attorneys’ fees and direct expenses.