1083 Texas Bar Journal • December 2013 texasbar.com

sel’s signature without permission.BODA Cause No. 52882.

On Aug. 30, 2013, the Board ofDisciplinary Appeals signed an orderdismissing the compulsory disciplinepetition filed against Nicolette Loisel[#12507350], 57, of Houston. Loiselwas convicted of conspiracy to com-mit wire fraud in violation of 18 USC§ 371 on or about Dec. 17, 2012, inthe United States District Court,Middle District of Florida, TampaDivision, in Case No. 8:11-CR-366-T-30TBM, United States of America v.Nicolette Loisel, and was originallysentenced to 12 months and one dayimprisonment. On May 22, 2013,Loisel’s sentence was reduced to fouryears of probation with home con-finement. By Misc Order 13-9119,signed Aug. 16, 2013, the SupremeCourt of Texas accepted Loisel’s res-ignation in lieu of discipline. BODACause No. 51899.

On Aug. 28, 2013, the Board ofDisciplinary Appeals signed an inter-locutory order of suspension againstCarolyn Barnes [#01761550], 56, ofLeander. On or about June 11, 2013,Barnes was convicted of aggravatedassault with a deadly weapon whileusing or exhibiting a firearm, a sec-ond-degree felony and intentionalcrime as defined in the Texas Rulesof Disciplinary Procedure, and sen-tenced to serve three years in prison inThe State of Texas v. Carolyn Barnes,Case No. 10-63-K368, in the 368thJudicial District Court of WilliamsonCounty. Barnes has appealed her crim-inal conviction. The board retainsjurisdiction to enter a final judgmentwhen the criminal appeal is final.Barnes has appealed BODA’s inter-locutory order to the Supreme Court

of Texas. BODA Cause No. 52457.

On July 10, 2013, the Board of Dis-ciplinary Appeals dismissed for wantof prosecution the appeal of C. M.“Michael” Brinkley [#03004300],60, of Fort Worth, from a default judg-ment of probated suspension signedon Nov. 5, 2012, by the evidentiarypanel for the State Bar of Texas Dis-trict 7-4 Grievance Committee inCase No. D0081143838. Brinkley didnot file a brief and the board issuedan Order to Show Cause to Brinkleyon April 25, 2013. The Show CauseOrder gave him 30 days to respondand show cause as to why the appealshould not be dismissed for want ofprosecution. Brinkley did not respond.BODA Cause No. 51630.

RESIGNATIONSOn Sept. 30, 2013, the Supreme

Court of Texas accepted the resigna-tion, in lieu of discipline, of WilliamD. Bonilla [#02600000], 83, of Cor-pus Christi. At the time of resignation,there were two disciplinary actionspending, alleging Bonilla failed tosupervise his non-lawyer employee.

On Sept. 30, 2013, the SupremeCourt of Texas accepted the resigna-tion, in lieu of discipline, of JeffreyMichael Nathan [#00789510], 46, ofHouston. At the time of resignation,Nathan pled guilty to barratry, a ClassA misdemeanor, in the 221st DistrictCourt of Montgomery County.

Nathan violated Rules 8.04(a)(2),8.04(a)(3), and 8.04(a)(9).

On Oct. 14, 2013, the SupremeCourt of Texas accepted the resigna-tion, in lieu of discipline, of WilliamGeorge Gammon III [#07611300],52, of Houston. At the time of Gam-

BODAOn Aug. 28, 2013, the Board of

Disciplinary Appeals signed an agreedjudgment of suspension of AlexanderLouis Bednar [#24044456], 43, ofOklahoma City. Bednar was sus-pended from the practice of law forone year by the Supreme Court ofOklahoma on or about April 2, 2013,in State of Oklahoma, ex rel, OklahomaState Bar Association, Complainant v.Alexander L. Bednar, Respondent,SCBD 5927, for failing to appear atdeposition hearing, threatening tofile lawsuits against witnesses if theytestified, engaging in a pattern ofmissed deadlines, and altering a courtdocument by affixing opposing coun-

eneral questions regarding attorney discipline should be directed to the Office of the Chief Disciplinary Counsel, toll-free (877) 953-5535 or(512) 453-5535. The Board of Disciplinary Appeals may be reached at (512) 475-1578. Information and copies of actual orders are availableat txboda.org. The State Com mission on Judicial Conduct may be contacted toll-free (877) 228-5750 or (512) 463-5533. Please note that

per sons disciplined by the Commission on Judicial Conduct are not necessarily licensed attorneys.G

DISCIPLINARY ACTIONS

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texasbar.com/tbj Vol. 76, No. 11 • Texas Bar Journal 1084

mon’s resignation, a judgment in acriminal case had been entered inCase No. 4:10CR00340-001, styledUnited States of America v. WilliamGeorge Gammon, in the United StatesDistrict Court for the Southern Dis-trict of Texas, Houston Division,wherein Gammon had pled guilty topossession of child pornography andhad been committed to the custodyof the United States Bureau of Pris-ons to be imprisoned for a total termof 48 months. Gammon was furtherordered upon release from imprison-ment to be on supervised release forlife with special conditions related tosex offender requirements andordered to pay an assessment of $100and a fine of $375,000.

This conviction would subjectGammon to compulsory discipline.

On Oct. 14, 2013, the SupremeCourt of Texas accepted the resigna-tion, in lieu of discipline, of John-Baptist A. Sekumade [#24051589],49, of Lagos, Nigeria. At the time ofSekumade’s resignation, there were14 disciplinary matters pendingagainst him alleging that he neglectedthe legal matters entrusted to him,failed to keep his clients reasonablyinformed about the status of theirlegal matters, failed to promptlycomply with reasonable requests forinformation, failed to explain mat-ters to the extent reasonably neces-sary to permit the client to makeinformed de cisions regarding the rep-resentation, failed to provide a con-tingency fee client with a writtenstatement regarding the outcome ofthe matter, failed to promptly notifyclients upon receiving funds towhich they were entitled, failed torefund advance payments of fee thathad not been earned, and engaged inconduct involving dishonesty, fraud,deceit, or misrepresentation.

Sekumade violated Rules 1.01(b)(1),1.03(a), 1.03(b), 1.04(d), 1.14(b),1.15(d), and 8.04(a)(3).

8.04(a)(8), and 8.04 (a)(11).

SUSPENSIONSOn Aug. 28, 2013, Kimberly Dian

Smith [#24041944], 35, of McKinney,received a 24-month partially probatedsuspension effective Aug. 15, 2013,with the first six months actively sus-pended, beginning Aug. 15, 2013,and the remainder probated. An evi-dentiary panel of the District 1Grievance Committee found that, inrepresenting complainant in a civilmatter, Smith neglected the legalmatter entrusted to her by failing tofile a lawsuit. Smith also failed tokeep complainant reasonably informedabout the status of the civil matterand failed to promptly comply withreasonable requests for informationfrom complainant. Smith failed totimely furnish to the Office of theChief Disciplinary Counsel a response

On Oct. 14, 2013, the SupremeCourt of Texas accepted the resigna-tion, in lieu of discipline, of SidneyAllen Lyle Jr. [#00795026], 43, ofNorth Richland Hills. Lyle was hiredby complainants for representation ina divorce matter, traffic ticket matter,and a post-conviction matter. Lyle waspaid $6,500 for representation in thedivorce and traffic ticket matters and$5,000 in the post-conviction matter.Lyle neglected all three legal matters,failed to communicate with the com-plainants about their legal matters, andfailed to return the unearned legalfees. Lyle also violated the terms of ajudgment of partially probated suspen-sion by practicing law while activelysuspended from the practice of law. Hefurther failed to respond to the griev-ances filed regarding these matters.

Lyle violated Rules 1.01(b)(1),1.03(a), 1.15(d), 8.04(a)(3), 8.04(a)(7),

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1085 Texas Bar Journal • December 2013 texasbar.com

funds or other property in whichboth the lawyer and another personclaim interests separate until there isan accounting and severance of theirinterests], 2.01 [failing to exerciseindependent professional judgmentand render candid advice],5.03(b)(2) [failure to supervise non-lawyer staff], 5.04(a) [lawyer sharingor promising to share legal fees witha non-lawyer], and 8.04(a)(3) [alawyer shall not engage in conductinvolving dishonesty, fraud, deceit, ormisrepresentation].

Guerrero was ordered to pay $2,660in restitution and $6,000 in attorneys’fees and direct expenses.

On Sept. 10, 2013, George MichaelBarnes [#01767100], 59, of Fort Worth,received a 12-month partially probatedsuspension effective Oct. 1, 2013,with the first 30 days actively sus-pended and the remainder probated.An evidentiary panel of the District 7Grievance Committee found that inrepresenting his client in a modifica-tion of a child support matter, Barnesneglected the matter and frequentlyfailed to carry out the obligations owedto his client. Further, Barnes failed torespond to the complaint as required.

Barnes violated Rules 1.01(b)(1),1.01(b)(2), and 8.04(a)(8). He wasordered to pay $1,050 in restitution,$2,150 in attorneys’ fees, and $303.26in direct expenses.

Barnes has filed an appeal.

On Oct. 10, 2013, David W. Knight[#11597325], 59, of Wichita Falls,received a one-year probated suspen-sion effective Nov. 1, 2013. An evi-dentiary panel of the District 14Grievance Committee found thatKnight was hired in February 2011by complainant to file a civil lawsuit.Thereafter, Knight neglected thecomplainant’s legal matter and failedto promptly comply with reasonablerequests for information from thecomplainant about the status of the

to disburse trust funds only to thosepersons entitled to receive them byvirtue of the representation or by law].

Osborne was ordered to pay $3,500in attorneys’ fees and direct expenses.

On Sept. 23, 2013, Jose M. Guer-rero [#08581425], 59, of San Antonio,received a two-year partially probatedsuspension effective Nov. 1, 2013,with the first two months actively sus-pended and the remainder probated.The 285th District Court of BexarCounty found Guerrero committedprofessional misconduct by violatingRules 1.01(b)(1) [neglecting a legalmatter], 1.03(a) & 1.03(b) [failing tocommunicate with a client], 1.14(a)[failing to hold funds and other prop-erty belonging in whole or part toclients or third persons in a lawyer’spossession separate from the lawyer’sown property], 1.14(c) [failing to keep

or other information as required by theTexas Rules of Disciplinary Procedure.

Smith violated Rules 1.01(b)(1),1.03(a), and 8.04(a)(8). She was orderedto pay $1,730 in attorneys’ fees and$317.42 in direct expenses.

On Sept. 9, 2013, John CarrollOsborne [#15333200], 60, of Hous-ton, accepted a three-year partiallyprobated suspension effective Jan. 1,2013, with the first year actively sus-pended and the remainder probated.The 281st District Court of HarrisCounty found that Osborne violatedRule 1.14(a) [requiring a lawyer tokeep funds belonging in whole or inpart to a client or third person intrust], Rule 1.14(b) [requiring a lawyerto promptly deliver to the client orthird person any funds that the clientor third person is entitled to receive],and Rule 1.14(c) [requiring a lawyer

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texasbar.com/tbj Vol. 76, No. 11 • Texas Bar Journal 1086

reprimanded for more than one ruleviolation.

1.01(b)(1)—for neglecting a legalmatter entrusted to the lawyer (1).

1.03(a)—for failing to keep aclient reasonably informed about thestatus of a matter and promptly com-ply with reasonable requests forinformation (3).

1.03(b)—for failing to explain amatter to the extent reasonably nec-essary to permit the client to makeinformed decisions regarding therepresentation (2).

1.14(b)—for failing, upon receiv-ing funds or other property in whicha client or third person has an interest,to promptly notify the client or thirdperson and render a full accountingupon request (1).

1.15(d)—for failing, upon termina-tion of representation, to reasonablyprotect a client’s interests, give noticeto the client to seek other counsel, orsurrender papers and property whichbelong to the client (1).

4.01(b)—for failing to disclose amaterial fact to a third person whendisclosure is necessary to avoid mak-ing the lawyer a party to a criminalact or knowingly assisting a fraudu-lent act perpetrated by a client (1).

4.04(b)(1)—for presenting, partic-ipating in presenting, or threateningto present criminal or disciplinarycharges solely to gain an advantagein a civil matter (1).

8.04(a)(1)—for violating theseRules, knowingly assisting or inducinganother to do so, or doing so throughacts of another, whether or not suchviolation occurred in the course of aclient-lawyer relationship (1).

8.04(a)(3)—for engaging in con-duct involving dishonesty, fraud,deceit, or misrepresentation (1).

8.04(a)(8)—for failing to timelyfurnish to a district grievance com-mittee a response or other informa-tion as required unless he/she timelyasserts a privilege or other legalground for failure to do so (1). TBJ

matter. In addition, upon termina-tion of representation, Knight failedto surrender papers and property towhich complainant was entitled.

Knight violated Rules 1.01(b)(1),1.03(a), and 1.15(d). He was orderedto pay $1,125 in attorneys’ fees anddirect expenses.

On Nov. 4, 2013, Felipe Garcia Jr.[#07633000], 58, of Edinburg, receiveda two-year fully probated suspensioneffective Nov. 1, 2013. The 93rd Dis-trict Court of Hidalgo County foundGarcia committed professional mis-conduct by violating Rules 1.04(d)[contingent fee agreement shall be inwriting and shall state the method bywhich the fee is to be determined],1.14(a) [failing to hold funds andother property belonging in whole orpart to clients or third persons in alawyer’s possession separate from thelawyer’s own property], 1.14(b) [fail-ing, upon receiving funds or otherproperty in which a client or third per-son has an interest, to promptly notifythe client or third person and render afull accounting upon request].

Garcia was ordered to pay $5,000in attorneys’ fees and direct expenses.

PUBLIC REPRIMANDSOn Oct. 8, 2013, Deborah K. F.

Bailey [#01520400], 59, of SugarLand, received an agreed judgment ofpublic reprimand. An evidentiary panelof the District 5 Grievance Commit-tee found that upon termination ofrepresentation, Bailey failed to timelyrefund an advance payment of feethat had not been earned.

Bailey violated Rule 1.15(d). She wasordered to pay $500 in attorneys’ fees.

PRIVATE REPRIMANDSListed below is a breakdown of Texas

Disciplinary Rules of Professional Con-duct violations for eight attorneys,with the number in parentheses indi-cating the frequency of violation.Please note that an attorney may be

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