Monday, July 25, 2011

Kelly Rogers Attorney Dallas and Texas Bar Journal--July 2011

Kelly G Rogers--Attorney Dallas--If convicted on Felony One by the State of Texas on August 15th, Kelly Gordon Rogers of Dallas could end up in an upcoming Texas Bar Journal publication. These reports are available to the public each month by visiting the State Bar of Texas and searching Disciplinary Action.

In researching back issues, a variety of Attorney's have been suspended, disbarred or resigned once the State of Texas successfully convicted them on criminal charges.  Many of these attorneys were convicted of second and third degree felonies. Kelly Rogers-Attorney Dallas-has been indicted on first degree felony charges.

All attorney's listed below violated Texas Disciplinary Rules of Professional Conduct (TDRPC): 8.04(a)(3) — for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation 8.04(a)(3) — for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Sound familiar?

DISBARMENTS

On Jan. 31, Todd R. Phillippi [#00790178], 50, of Midlothian, received a three-year, partially probated suspension effective March 1, with the first five months actively served and the remainder probated. An evidentiary panel of the District 7 Grievance Committee found that Phillippi entered into a business transaction with a client without obtaining the client’s consent in writing. Phillippi also engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. Phillippi violated Rules 1.08(a)(3) and 8.04(a)(3). He was ordered to pay $7,077.13 in attorney’s fees and costs. Phillippi has filed an appeal.

RESIGNATIONS

On March 29, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of David Lee Murff [#24039081], 41, of Houston. At the time of Murff ’s resignation, there were three matters pending against him alleging neglect and failure to communicate, to place client funds into a trust account, to promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive, to return client files and unearned fees at the end of representation, and to timely furnish to the Chief Disciplinary Counsel’s office a response. Murff violated Rules 1.01(b)(1), 1.03(a), 1.14(a) and (b), 1.15(d), and 8.04(a)(8). On May 9, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Olesya Oleynik [#24062927], 25, of Sunnyvale, Calif. The Court found that during two representations, Oleynik neglected the legal matter entrusted to her; failed to keep the clients reasonably informed about the status of their matters; and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. Oleynik violated Rules 1.01(b)(1), 1.03(a), and 8.04(a)(3).

On April 8, Sidney Allen Lyle, Jr. [#00795026], 41, of North Richland Hills, received a two-year, fully probated suspension effective May 1. An evidentiaryand the remainder probated. An evidentiary panel of the District 15 Grievance Committee found that in connection with three grievances, Lyle neglected client matters; failed to communicate with clients; made false statements of material fact or law to a third person; engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation; and failed to respond to a grievance timely. Lyle violated Rules 1.01(b)(1), 1.03(a), 4.01(a), and 8.04(a)(3) and (a)(8). He was ordered to pay $3,000 in attorney’s fees and expenses and $12,500 in restitution.

On May 12, Bret Christopher Green [#24027210], 43, of San Antonio, accepted a five-year, partially probated suspension effective Jan. 29, 2012, with the first two years actively served and the remainder probated. An evidentiary panel of the District 10-4 Grievance Committee found that Green failed to refund unearned fees, to return his client’s file, to provide written notice to his client that he was suspended from the practice of law, and to deposit and hold unearned fees in a trust account. Green violated Rules 1.04(a), 1.14(a), 1.15(d), and 8.04(a)(3) and (a)(7). He was ordered to pay $1,500 in attorney’s fees and expenses and $13,500 in restitution.

On May 27, Charles P. Jones [#10866900], 63, of San Antonio, received a two-year, partially probated suspension effective June 15, with the first year actively served and the remainder probated. The 285th District Court of Bexar County in San Antonio found that Jones made a misrepresentation to his client and failed to keep his client reasonably informed, to respond to reasonable requests for information, to promptly return unearned fees, and to return the client’s file. Jones violated Rule 1.01(b), 1.03(a), 1.15(d), and 8.04(a)(3). He was ordered to pay $1,000 in attorney’s fees and expenses and $600 in restitution.


REPRIMANDS

On May 11, John K. George [#07805600], 63, of Bellaire, accepted a public reprimand. An evidentiary panel of the District 4-C Grievance Committee found that George was hired in August 2007 for representation in a real estate matter and agreed to represent his client in negotiating a settlement with the buyer for missed payments and, if necessary, to initiate foreclosure proceedings proceedings. The client periodically contacted George to ascertain the status of the case and was told by George that he had begun the foreclosure proceedings when in fact, he had not. In April 2010, George admitted to his client that he had not pursued the foreclosure action. George violated Rules 1.01(b)(1) and 8.04(a)(3). He agreed to pay $500 in attorney’s fees.