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.
RESIGNATIONS
On November 17, 2015, the Supreme
Court of Texas accepted the resignation in lieu of discipline of Robert
Constantine Fafatas [#24010017],
45, of The Woodlands. In the first
three cases, Fafatas neglected the legal
matters entrusted to him, failed to
keep his clients reasonably informed
about the status of their matters, and
failed to comply with reasonable requests for information. Fafatas also
failed to refund any advance payments
of fees that were not earned, and he
engaged in the practice of law while
on administrative suspension. In the
fourth case, Fafatas failed to refund
any advance payments of fees that
were not earned and failed to
respond to the grievance. In the final
matter, Fafatas neglected the legal
matter, failed to keep his client reasonably informed about the status of
the matter, failed to comply with reasonable requests for information, and
failed to explain the matter to the extent
reasonably necessary to permit his client
to make informed decisions. Fafatas
also failed to respond to the grievance
and engaged in the practice of law
while on administrative suspension.
Fafatas violated Rules 1.01(b)(1),
1.03(a), 1.03(b), 1.15(d), 8.04(a)(8),
and 8.04(a)(11).
SUSPENSIONS
On November 10, 2015, Christopher Dante Demerson [#24066913],
32, of Houston, accepted an 18-month
fully probated suspension effective
November 5, 2015. An evidentiary
panel of the District 4 Grievance Committee found that Demerson neglected
the legal matters entrusted to him,
failed to keep the complainants reasonably informed about the status of their
matters, failed to promptly comply with
reasonable requests from complainants
for information about the matters, and
failed to explain the matters to the
extent reasonably necessary to permit
the complainants to make informed
decisions regarding the representation.
Demerson violated Rules 1.01(b)(1),
1.03(a), and 1.03(b). He was ordered
to pay $1,261 in attorneys’ fees and
direct expenses.
On November 10, 2015, Stephen
Kenneth Howard [#10079420], 52,
ATTORNEY GRIEVANCES
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Representing Lawyers & Law Students Since 1991
STATEWIDE REPRESENTATION
52
Texas Bar Journal • January 2016
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DISCIPLINARY ACTIONS
of Hurst, received a 10-year partially
probated suspension effective December 1, 2015, with the first five years
actively suspended and the remainder
probated. An evidentiary panel of the
District 7 Grievance Committee found
that in the first matter, Howard failed
to keep the complainant reasonably
informed about the status of her personal injury matter; failed to hold
funds belonging in whole or in part to
the complainant separate from his own
property; failed to promptly deliver
funds that the complainant was entitled to receive; and engaged in conduct
involving dishonesty, fraud, deceit, or
misrepresentation. In the second matter, Howard failed to keep the complainant reasonably informed about
the status of his personal injury matter;
failed to hold funds belonging in whole
or in part to the complainant separate
from his own property; failed to
promptly deliver funds that the complainant was entitled to receive; and
engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. In the final matter, Howard failed
to keep the complainant reasonably
informed about the status of her personal injury matter; failed to hold
funds belonging in whole or in part to
the complainant separate from his own
property; failed to promptly deliver
funds that the complainant was entitled to receive; and engaged in conduct
involving dishonesty, fraud, deceit, or
misrepresentation.
Howard violated Rules 1.03(a),
1.14(a), 1.14(b), and 8.04(a)(3). He
was ordered to pay $46,500 in restitution and $337.50 in attorneys’ fees
and direct expenses.
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GRIEVANCE
& LEGAL
MALPRACTICE
DEFENSE
On November 18, 2015, Randall
A. Parker [#15495300], 67, of San
Antonio, agreed to a six-month probated suspension effective December 1,
2015. The District 10 Grievance
Committee found that Parker failed
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Defending Texans
Since 1994
Member,
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4201 SPRING V ALLEY RD.
SUITE 1250
DALLAS , TX 75244
On October 7, 2015, Randall Dale
Parker [#24025583], 44, of Dallas,
received a 12-month partially probated suspension effective October
15, 2015, with the first three months
actively suspended and the remainder probated. An evidentiary panel
of the District 6 Grievance Committee found that after Parker was hired
as legal counsel on August 25, 2009,
he failed to abide by the complainant’s decisions concerning the
objectives and general methods of
representation, failed to keep the
complainant reasonably informed
about the case, and failed to promptly
comply with reasonable requests for
information about the status of the
civil matter. Parker also failed to
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to communicate with a client and
failed to respond to the grievance.
Parker violated Rules 1.03(a) and
8.04(a)(8). He was ordered to pay $800
in attorneys’ fees and direct expenses.
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Vol. 79, No. 1 • Texas Bar Journal 53
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explain the civil matter to the extent
reasonably necessary to permit the
complainant to make informed decisions regarding the legal representation. He further failed to timely
furnish to the Office of the Chief
Disciplinary Counsel a response or
other information as required by the
Texas Rules of Disciplinary Procedure. He did not in good faith timely
assert a privilege or other legal
ground for his failure to do so.
Parker violated Rules 1.02(a)(1),
1.03(a), 1.03(b), and 8.04(a)(8).
He was ordered to pay $3,000 in
restitution and $3,000 in attorneys’
fees and direct expenses.
On October 16, 2015, Terresha
Deneen Wile Stevens [#24043939],
38, of Arlington, received a one-year
fully probated suspension effective
October 1, 2015. In the first matter,
Stevens engaged in the practice of law
when her right to practice had been
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Texas Bar Journal • January 2016
administratively suspended for failure
to repay student loans. In the second
matter, Stevens failed to keep the complainant reasonably informed about
the status of her family law case.
Stevens violated Rules 1.03(a) and
8.04(a)(11). She was ordered to pay
$1,500 in restitution.
On November 12, 2015, Andrew
E. Toscano [#00786832], 46, of San
Antonio, accepted a two-year fully
probated suspension effective November 15, 2015. The 37th Civil District
Court of Bexar County found that
Toscano committed professional misconduct by violating Rule 1.15(a)
[failing to decline or withdraw from
representation of a client].
Toscano was ordered to pay $5,500
in attorneys’ fees and direct expenses.
On November 20, 2015, Beverly
Lynn Gaines Towery [#24039354],
53, of Plano, agreed to a two-year
active suspension effective November 15, 2015. The District 1 Grievance Committee found that Towery
failed to explain the civil matter to
the extent reasonably necessary to
permit the complainant to make
informed decisions regarding the representation and engaged in conduct
involving dishonesty, fraud, deceit,
or misrepresentation.
Towery violated Rules 1.03(b) and
8.04(a)(3). She was ordered to pay
$2,500 in attorneys’ fees and direct
expenses.
PUBLIC REPRIMANDS
On November 4, 2015, Terry
Levoy Marsaw [#00786085], 60, of
Dallas, received a public reprimand.
An evidentiary panel of the District 6
Grievance Committee found that
Marsaw filed a motion for continuance with the Dalworthington Gardens Municipal Court stating that he
was detained in another court. Marsaw
did not appear in the second court.
Marsaw violated Rule 3.03(a)(1).
He was ordered to pay $925 in attorneys’ fees and direct expenses. TBJ
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