The State Bar of Texas has released its monthly report on disciplinary actions taken against Texas lawyers.
JUDICIAL DISCIPLINE
No matters reported.
RESIGNATIONS
Willie R. Joseph (Dallas)
On Aug. 27, 2021, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Willie R. Joseph of Dallas.
At the time of Joseph’s resignation, there were three pending matters against Joseph, a 2015 graduate of Southern University Law Center.
In the first matter, on Feb. 21, 2020, Joseph pleaded guilty to the charge of battery of a dating partner — intentionally inflicting serious bodily injury. Joseph was sentenced to five years of hard labor and committed to the Louisiana Department of Corrections.
In the second matter, the complainant hired Joseph for representation in a family law matter on or about Jan. 18, 2019. Joseph failed to communicate with the complainant. Joseph neglected the legal matter by failing to timely file a motion/petition for enforcement, failing to timely set a hearing, failing to obtain citation, failing to submit an amendment to the standing orders, canceling the hearing set on the motion for enforcement, failing to timely withdraw as counsel, and failing to protect the complainant’s interests.
In the third matter, the complainant hired Joseph to represent her in a divorce matter on Oct. 21, 2019. During Joseph’s representation of the complainant, Joseph failed to abide by the complainant’s decisions concerning objectives and general methods of representation. Joseph agreed to and accepted terms of temporary orders without the complainant’s consent or approval. Joseph failed to keep the complainant reasonably informed about the status of her legal matter, failed to respond to reasonable requests for information, and made misrepresentations to the complainant. Joseph neglected the complainant’s legal matter by, including but not limited to, failing to correct the temporary orders. Joseph was ordered to pay the complainant $500 in restitution.
Gigi Jordan Steiner (Dallas)
On Aug. 27, 2021, the Supreme Court of Texas accepted the resignation, in lieu of discipline of Dallas solo practitioner Gigi Jordan Steiner.
Steiner graduated from law school at Southern Methodist University in 1988.
At the time of Steiner’s resignation, there was one pending matter involving the theft of $50,000. Steiner was alleged to have stolen the money while acting as legal counsel for an LLC owned by investors in an apartment complex. When she filed for personal bankruptcy protection under Chapter 7, she falsely claimed herself as 100% owner of the LLC, falsely claimed to have contributed cash to the LLC and falsely claimed that the LLC had no value — all in an effort to conceal her theft of the $50,000.
Steiner was subsequently ordered by the bankruptcy court to pay $201,000 to the LLC, and on April 2019 pleaded nolo contendere to third degree theft. She received deferred adjudication and was ordered to pay $50,702 in restitution.
SUSPENSIONS
Andre DeGarza (LaGrange)
On Aug. 24, 2021, Andre DeGarza [Bar No#24059332] of LaGrange accepted a one-year fully probated suspension effective Sept. 1, 2021. An evidentiary panel of the District 5 Grievance Committee found that DeGarza willfully, in connection to an adjudicatory proceeding, manifested bias or prejudice based on race. DeGarza violated Rule 5.08(a).
David Shane Grantham (Richardson)
On July 9, 2021, David Shane Grantham [Bar No#24087614] of Richardson, received a 24-month partially probated suspension effective Aug. 1, 2021, with the first six months actively served and the remainder probated.
The 191st District Court of Dallas County found that Grantham committed professional misconduct by violating Rules 1.05(b)(1)(ii) [A lawyer shall not knowingly reveal confidential information of a client or a former client to anyone else, other than the client, the client’s representatives, or the members, associates, or employees of the lawyer’s law firm], 1.05(b)(3) [A lawyer shall not knowingly use confidential information of a former client to the disadvantage of the former client after the representation is concluded unless the former client consents after consultation or the confidential information has become generally known], 3.02 [In the course of litigation, a lawyer shall not take a position that unreasonably increases the costs or other burdens of the case or that unreasonably delays resolution of the matter], 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], 4.04(a) [In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person], and 4.04(b)(1) [A lawyer shall not present, participate in presenting, or threaten to present criminal or disciplinary charges solely to gain an advantage in a civil matter]. Grantham was ordered to pay $10,982.95 in attorneys’ fees and direct expenses.
Carl Donald Hughes (Dallas)
On May 18, 2021, Carl Donald Hughes Jr. [Bar No#10209000] of Dallas received a 36-month partially probated suspension effective June 1, 2021, with the first 18 months actively served and the remainder probated. An evidentiary panel of the District 6 Grievance Committee found that on or about Jan. 5, 2017, the complainant hired Hughes to file a civil action involving a real estate matter. Hughes failed to keep the complainant reasonably informed about the status of her case and failed to promptly comply with reasonable requests for information. Hughes failed to explain the legal matter to the extent reasonably necessary to permit the complainant to make informed decisions regarding the representation.
Upon termination of representation, Hughes failed to surrender papers and property to which the defendant was entitled. Upon termination of representation, Hughes also failed to refund advance payments of fees that had not been earned. Hughes also failed to respond to the grievance. Hughes violated Rules 1.03(a), 1.03(b), 1.15(d), and 8.04(a)(8). He was ordered to pay $13,000 in restitution and $1,734 in attorneys’ fees and direct expenses. Hughes has filed an appeal.
Jana Lewis-Perez (Pearland)
On Aug. 20, 2021, Jana Lewis-Perez [Bar No#24077463], of Pearland, accepted an 18-month partially probated suspension effective Sept. 16, 2021, with the first three months actively served and the remainder probated. An investigatory panel of the District 5 Grievance Committee found that Lewis-Perez neglected a legal matter entrusted to her and failed to keep her client reasonably informed about the status of her legal matter and promptly comply with reasonable requests for information about the case. Upon termination of representation, Lewis-Perez failed to refund any advance payments of fees that had not been earned. Lastly, Lewis-Perez failed to timely respond to the grievance without asserting a privilege or other legal ground for her failure to do so. Lewis-Perez violated Rules 1.01(b)(1), 1.03(a), 1.15(d), and 8.04(a)(8). She was ordered to pay $500 in restitution and $1,000 in attorneys’ fees and direct expenses.
John Victor Mastriani (Houston)
Two Cases:
On Aug. 27, 2021, John Victor Mastriani [Bar No#13184375] of Houston accepted a 36-month partially probated suspension effective Aug. 26, 2021, with the first 12 months actively suspended. An evidentiary panel of the District 4 Grievance Committee found that Mastriani neglected a legal matter and failed to keep his client reasonably informed about the status of the case. Mastriani violated Rules 1.01(b)(1) and 1.03(a). He was ordered to pay $1,300 in attorneys’ fees and direct expenses.
On Aug. 29, 2021, Mastriani accepted a 36-month partially probated suspension effective Aug. 26, 2021, with the first 12 months actively suspended. An evidentiary panel of the District 4 Grievance Committee found that Mastriani neglected a legal matter, failed to keep his client reasonably informed about the status of the case, and further failed to refund advance payments of fees that had not been earned. Mastriani violated Rules 1.01(b)(1), 1.03(a), and 1.15(d). He was ordered to pay $500 in restitution and $750 in attorneys’ fees and direct expenses.
PUBLIC REPRIMAND
G. Danny Mena (El Paso)
On Aug. 12, 2021, G. Danny Mena [Bar No#13929900] of El Paso accepted a public reprimand. An investigatory panel of the District 17 Grievance Committee found that Mena neglected client matters, failed to keep a client reasonably informed, failed to promptly render a full account regarding a client’s funds, and failed to take steps to reasonably protect his client’s interests. Mena violated Rules 1.01(b)(1), 1.03(a), 1.03(b), 1.14(b), and 1.15(d). He agreed to pay $800 in attorneys’ fees and direct expenses.