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.
JUDICIAL ACTIONS
On May 14, 2015, the State Commission on Judicial Conduct issued a
public admonition to Madolyn C.
Johnson, former municipal court
judge of Valley Mills, Bosque County.
Johnson violated Canons 2A and
3B(2) of the Texas Code of Judicial
Conduct.
On April 30, 2015, the State Commission on Judicial Conduct issued a
public admonition to Etta Mullin,
former judge of the County Criminal
Court No. 5 in Dallas, Dallas County.
Mullin violated Canons 2A and
3B(4) of the Texas Code of Judicial
Conduct and Article V, §1-a(6)A of
the Texas Constitution.
On May 11, 2015, the State Commission on Judicial Conduct issued a
public admonition and order of additional education to Carter Tinsley
Schildknecht, judge of the 106th
District Court in Lamesa, Dawson
County. Schildknecht violated Canons 2A, 3B(2), 3B(4), and 3B(6) of
the Texas Code of Judicial Conduct.
Schildknecht must obtain four hours
of instruction with a mentor in addition to her required judicial education for fiscal year 2015.
of Istanbul, Turkey. At the time of
Monkman’s resignation, there was
one disciplinary matter pending
alleging that Monkman shared
immigration legal fees with nonlawyers, failed to properly supervise
non-lawyer employees, assisted nonlawyers in the unauthorized practice
of law, and failed to hold fees in a
trust account until earned.
It is alleged that Monkman violated Rules 1.14(a), 5.03, 5.04(a),
and 5.05(b).
RESIGNATIONS
SUSPENSIONS
On June 2, 2015, the Supreme
Court of Texas accepted the resignation in lieu of discipline of Amy
Louise Monkman [#24034301], 59,
On July 6, 2015, Calvin C. Braun
Jr. [#00783713], 48, of Houston, accepted a two-year active suspension
effective July 15, 2015. The 125th
District Court of Harris County
found that Braun violated Rule
8.04(a)(3) [engaged in conduct
involving dishonesty, fraud, deceit, or
misrepresentation].
Braun was ordered to pay $1,320 in
attorneys’ fees and direct expenses.
ATTORNEY GRIEVANCES
Hasley Scarano, L.L.P.
DON’T REPRESENT YOURSELF!
How often do you advise clients to represent
themselves when accused of wrongdoing?
Why give yourself different advice?
CONSULTATION
OR REPRESENTATION
STEVEN L. LEE
OVER 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 OF
STEVEN L. LEE, P.C.
1411 WEST AVENUE, SUITE 100
AUSTIN, TEXAS 78701
(512) 215-2355
Representing Lawyers & Law Students Since 1991
STATEWIDE REPRESENTATION
668
Texas Bar Journal • September 2015
attorneys & counselors
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On June 2, 2015, David A.
Chaumette [#00787235], 47, of
Houston, received a 33-month partially probated suspension effective
August 1, 2015, with the first nine
months actively suspended and the
remainder probated. An evidentiary
panel of the District 4 Grievance
Committee found that in representing Five Oaks Achievement Center,
Chaumette neglected the legal matter entrusted to him, failed to keep
his client reasonably informed about
the status of the legal matter, and
failed to promptly comply with reasonable requests for information.
Chaumette also failed to hold in a
trust funds belonging in whole or in
part to Five Oaks Achievement Center and Whispering Hills Achievement
Center that were in his possession in
texasbar.com
DISCIPLINARY ACTIONS
connection with his representation
of those entities 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.
Chaumette violated Rules 1.01(b)(1),
1.03(a), 1.14(a), and 8.04(a)(8). He
was ordered to pay $2,575 in attorneys’
fees and $521.79 in direct expenses.
Chaumette did not appeal.
On June 4, 2015, Nathan Henry
Chu [#24038818], 39, of Laredo,
received a nine-month fully probated
suspension effective July 1, 2015.
The District 12 Grievance Committee found that Chu failed to keep a
client reasonably informed, represented opposing parties in the same
litigation, represented a person in a
substantially related matter in which
that person’s interests were materially
adverse to the interests of another
client, represented a client in a
matter and thereafter represented
another person in a matter adverse to
the former client when it was the
same or a substantially related matter, and engaged in conduct involving dishonesty, fraud, deceit, and
misrepresentation.
Chu violated Rules 1.03(a),
1.03(b), 1.06(a), 1.06(b), 1.09(a),
and 8.04(a)(3) and was ordered to
pay $3,885 in attorneys’ fees and
direct expenses.
On May 14, 2015, Chelsea L.
Davis [#24059652], 33, of Princeton, received a judgment of indefinite disability suspension effective
immediately.
The District Disability Committee
found that Davis suffers from a disability that results in her inability to
practice law, provide client services,
complete contracts of employment,
or otherwise carry out her professional
responsibilities to clients, courts, the
profession, or the public.
Davis [#24012509], 44, of Victoria,
accepted a six-month fully probated
suspension effective July 1, 2015.
The District 11 Grievance Committee found that Davis failed to communicate with his client and failed
to respond to the grievance.
Davis violated Rules 1.03(a) and
8.04(a)(8) and was ordered to pay $800
in attorneys’ fees and direct expenses.
On June 29, 2015, Mark Allen
Land [#11860425], 55, of Austin,
received a two-year partially probated
suspension effective May 1, 2015, with
the first three months actively suspended and the remainder probated.
An evidentiary panel of the District 9
Grievance Committee found that on
March 15, 2012, the complainant
hired Land to defend Alpine Insurance in a lawsuit filed by AT&T
Advertising Solutions to collect a
debt. Land was served with requests for
disclosure. When he did not respond,
AT&T’s counsel emailed Land a
reminder that the responses were due.
Land never responded to the requests
for disclosure. Land received AT&T’s
summary judgment motion and notice
of the summary judgment hearing via
certified mail, but the notice was
returned. AT&T’s counsel also notified Land via email that the summary judgment motion was set for
May 20, 2013. Land responded that
the May 20 hearing date was acceptable. Land failed to file a response to
the summary judgment motion and
failed to attend the summary judgment hearing. AT&T’s summary judgment motion was granted and a
judgment of $52,126 was entered
against Land’s client.
Land violated Rules 1.01(b)(1)
and 8.04(a)(1). He was ordered to
pay $3,113.32 in attorneys’ fees and
direct expenses.
Will you REPRESENT YOURSELF?
Socrates did and how did that
turn out for him?
GRIEVANCE
& LEGAL
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DEFENSE
B R U CE A . CA M P B EL L
OVER 25 YEARS EXPERIENCE IN
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STATEWIDE PRACTICE
Two Riverway, Suite 1080
Houston, Texas 77056
CAMPBELL & ASSOCIATES LAW FIRM, PC
4201 SPRING V ALLEY RD.
SUITE 1250
DALLAS , TX 75244
972-277-8585 (O)
972-277-8586 (F)
INFO@CLLEGAL .COM
CLLEGAL.COM
On July 10, 2015, Mark Anthony
texasbar.com/tbj
Vol. 78, No. 8 • Texas Bar Journal 669
DISCIPLINARY ACTIONS
On May 4, 2015, Daniel Montalvo
[#00795538], 45, of Dallas, received
a 24-month partially probated suspension effective November 1, 2015,
with the first six months actively suspended and the remainder probated.
An evidentiary panel of the District
6 Grievance Committee found that
in representing the complainant concerning a probation violation, Montalvo neglected the legal matter
entrusted to him by failing to appear
at a hearing. Upon termination of
representation, Montalvo failed to
refund advance payments of fees that
had not been earned. Montalvo
engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation by providing a check to the
complainant that was returned for
“not sufficient funds.” Montalvo
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. Montalvo did not
in good faith timely assert any
grounds for his failure to do so.
Montalvo violated Rules 1.01(b)(1),
1.15(d), 8.04(a)(3), and 8.04(a)(8).
He was ordered to pay $1,500 in
restitution and $1,903.43 in attorneys’ fees and direct expenses.
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first six months actively suspended
and the remainder probated. An evidentiary panel of the District 6
Grievance Committee found that in
representing the complainant’s son
in a criminal matter, Montalvo neglected the legal matter entrusted to
him by performing no substantive
legal work and by failing to enter an
appearance. Montalvo failed to keep
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Former Assistant United States Attorney
Former Assistant District Attorney
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of DUI Defense of Counsel Williams
Kherkher Hart Boundas, LLP
Law Offices of Ned Barnett
8441 Gulf Freeway, Suite 600
Houston, Texas 77017
713-222-6767
www.nedbarnettlaw.com
P
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rincipal Office – 979.694.7000
1515 Emerald
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Plaza • College
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ustin, TX
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670
Texas Bar Journal • September 2015
Board Certified in Criminal Law by the
Texas Board of Legal Specialization
the complainant reasonably informed
about the status of the criminal matter. Montalvo failed to promptly comply with reasonable requests for
information from the complainant
about the criminal matter. Upon termination of representation, Montalvo
failed to refund advance payments of
fees that had not been earned. He
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. Montalvo did not in good faith
timely assert any grounds for his failure to do so.
Montalvo violated Rules 1.01(b)(1),
1.03(a), 1.15(d), and 8.04(a)(8). He
was ordered to pay $7,000 in restitution and $2,323.11 in attorneys’ fees
and direct expenses.
On June 17, 2015, Patrick Phillip
Robertson [#00792804], 45, of Dallas,
received a three-year active suspension
effective July 1, 2015. An evidentiary
panel of the District 6 Grievance
Committee found that in representing
complainants, Robertson neglected
the legal matters entrusted to him and
failed to promptly comply with reasonable requests for information. Robertson failed to withdraw from representing complainants when his physical condition materially impaired his
fitness to represent complainants.
Upon termination of representation,
Robertson failed to return papers and
property and refund advance payments
of fees that had not been earned.
Robertson 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. Further, Robertson engaged in conduct involving dishonesty,
fraud, deceit, or misrepresentation by
suggesting to a complainant that he
and the complainant’s previous attorney were jointly working on the complainant’s defense.
Robertson violated Rules 1.01(b)(1),
1.03(a), 1.15(a)(2), 1.15(d), 8.04(a)(3),
texasbar.com
TLIE
TLIEmployees
mployees
TLIEmployees
TLIE
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and 8.04(a)(8). He was ordered to
pay $5,500 in attorneys’ fees.
On July 15, 2015, Roberto Maldonado [#12855262], 57, of San Antonio, received a three-year fully probated suspension effective August 1,
2015. The District 10 Grievance Committee found that in an immigration
law representation, Maldonado neglected a client matter, failed to keep
a client reasonably informed, failed
to hold client funds separate from his
own property, and shared legal fees
with a non-lawyer.
Maldonado violated Rules 1.01(b)(1),
1.03(a), 1.14(a), and 5.04(a) and was
ordered to pay $1,000 in restitution
and $1,000 in attorneys’ fees and
direct expenses.
PRIVATE REPRIMANDS
Listed below is a breakdown of
Texas Disciplinary Rules of Professional Conduct violations for nine
attorneys, with the number in parentheses indicating the frequency of
violation. Please note that an attorney may be reprimanded for more
than one rule violation.
1.01(b)(1)—for neglecting a legal
matter entrusted to the lawyer (2).
1.03(a)—for failing to keep a
client reasonably informed about the
status of a matter and promptly comply with reasonable requests for
information (3).
1.04(a)—for entering into an arrangement for, charging, or collecting
an illegal or unconscionable fee (1).
1.06(b)(2)—for representing a person where the representation of that
person reasonably appears to be or
become adversely limited by the
lawyer’s or law firm’s responsibilities
to another client or to a third person
or by the lawyer’s or law firm’s own
interests (1).
1.15(d)—for failing, upon termination of representation, to reasonably
protect a client’s interests, give notice
to the client to seek other counsel, or
surrender papers and property that
texasbar.com/tbj
belong to the client (1).
3.03(a)(5)—for knowingly offering
or using evidence that the lawyer
knows to be false (1).
4.04(a)—for using means in representing a client that have no substantial purpose other than to embarrass,
delay, or burden a third person, or
using methods of obtaining evidence
that violate the legal right of such a
person (1).
8.01(b)—for knowingly failing to respond to a lawful demand for information from a disciplinary authority (1).
8.04(a)(3)—for engaging in conduct
involving dishonesty, fraud, deceit,
or misrepresentation (1).
8.04(a)(8)—for failing to timely
furnish to a district grievance committee a response or other information as
required unless he or she timely asserts
a privilege or other legal ground for
failure to do so (2). TBJ
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Vol. 78, No. 8 • Texas Bar Journal 671