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The Mississippi Lawyer Summer 2015 31 Disbarments Suspensions and Irrevocable Resignations Joe Dale Walker of Monticello Mississippi The Supreme Court of Mississippi accepted Mr. Walkers Irrevocable Resignation in Cause No. 2015-BD-139 and imposed Disbarment based upon his guilty plea for one count of Obstruction of Justice in violation of Title 18 U.S.C. 1512c2. Mr. Walker is ineligible to seek reinstatement to the practice of law. Robert D. Harrison of Ridgeland Mississippi A Complaint Tribunal appointed by the Supreme Court of Mississippi issued a 180 day Suspension based upon Mr. Harrisons guilty plea to a misdemeanor crime in violation of 26 U.S.C. 7203 for his willful failure to pay federal income taxes in 2008. Ermea J. Russell of Jackson Mississippi A Complaint Tribunal appointed by the Supreme Court of Mississippi issued a ten 10 month Suspension in a multi-count complaint where Ms. Russell was found to have com- mitted seven 7 violations each of Rules 1.16d 1.2 1.3 1.4 and 8.1b of the Mississippi Rules of Professional Conduct MRPC. Ms. Russell must apply for rein- statement under Rule 12 of the Rules of Discipline for The Mississippi State Bar MRD should she wish to seek a return to the practice of law. Ms. Russell was the subject of seven 7 informal Bar Complaints referred by the Committee on Professional Responsibility for the filing of a Formal Complaint. Each Bar complaint originated while Ms. Russell was in private practice prior to her service on the Mississippi Court of Appeals. Pursuant to 9-1-25 Miss. Code Annot. 1972 as amended the Statute Ms. Russell had six 6 months following the effective date of her appoint- ment to the Court of Appeals to conclude or transfer existing client matters. Accordingly Ms. Russell had until November 20 2011 to wind down her practice. Ms. Russell failed to conclude or properly transfer the seven matters prior to joining the bench. Ms. Russell either failed or refused to adequately advise her clients that she had been appointed to the Court of Appeals and that she would be unable to handle her clients cases pur- suant to the Statute. In addition Ms. Russell failed to file a response to seven Bar complaints. Rule 1.16d MRPC requires a lawyer to take steps to protect a clients interest upon termination of the representation such as giving the client reasonable notice return- ing papers and property and refunding any advance payment not earned. In almost each instance Ms. Russell failed to give her clients notice of her appointment to the Court of Appeals and her eventual inability to represent each client. Rule 1.2 MRPC requires an attorney to abide by a clients decisions concerning the objectives of the representation. Rule 1.3 MRPC requires an attorney to act with reasonable diligence and promptness in representing a client. Rule 1.4 MRPC requires a lawyer to keep a client reason- ably informed about the status of a matter and promptly comply with reasonable requests for information. In addition 1.4 MRPC also requires a lawyer to explain a matter to the extent necessary to permit the client to make informed decisions regarding the representation. In the under- lying matters Ms. Russell did not ade- quately consult with her clients about her status as well as the status of their under- lying cases did not proceed diligently on the cases during the time in which she was able to practice law and failed to respond to reasonable requests for information or explain the current status of each pending case. Rule 8.1b MRPC requires an attorney in connection with a disciplinary matter to respond for a lawful demand for informa- tion. In this instance Ms. Russell failed to respond to seven 7 separate Bar Complaints despite being properly noticed of each complaint being granted numer- ous extensions of time and receiving numerous demand letters. Public Reprimands Samuel Jones of Memphis Tennessee The Supreme Court of Mississippi issued a Public Reprimand in Cause No. 2014- BD-1385 in a reciprocal discipline case based upon discipline imposed by the Tennessee Board of Professional Responsibility for Mr. Jones failure to provide diligent representation failure to communicate with his client and failure to expedite litigation which resulted in his clients divorce case being dismissed. Private Reprimands An attorney received a Private Reprimand in docket number 12-586-2 for violations of Rules 1.16 a and d MRPC. A client filed an informal Bar complaint against the attorney alleging that the attor- ney failed to attend a hearing in an estate matter. After the client was removed as executrix for failing to post a bond she terminated the attorneys services in November of 2011. The attorney failed to file a motion to withdraw until February of 2012. In March of 2012 the attorney suffered a stroke and did not return to work until the fall of 2012. The client was not notified of the attorneys incapacity. Other clients and courts were notified by the attorneys paralegal of the attorneys incapacity. The hearing the attorney missed occurred during the time of his incapacity. Rule 1.16a requires a lawyer to withdraw from representation when his physical or mental condition impairs his ability to rep- resent his client or when the lawyers serv- ices are terminated by the client. The attorney waited 5 months after he was ter- minated by his client before taking any action to withdraw as counsel of record with the court. Additionally no subse- quent action was taken on his behalf dur- ing the time of the attorneys incapacity to withdraw from the representation. Rule 1.16d requires a lawyer to take steps to protect a clients interest upon ter- mination of the representation such as giv- ing the client reasonable notice returning papers and property and refunding any advance payment not earned. The attor- ney failed to appear at a hearing or take any steps to protect his clients interest after his termination and during the time of his incapacity in this matter failed to notify the client of his inability to proceed despite having notified other clients and courts of his incapacity. I Final Disciplinary Actions