Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
Page 17
Page 18
Page 19
Page 20
Page 21
Page 22
Page 23
Page 24
Page 25
Page 26
Page 27
Page 28
Page 29
Page 30
Page 31
Page 32
Page 33
Page 34
Page 35
Page 36
Page 37
Page 38
Page 39
Page 40
Page 41
Page 42
Page 43
Page 44
Page 45
Page 46
Page 47
Page 48
Page 49
Page 50
Page 51
Page 52
Page 53
Page 54
Page 55
Page 56
Page 57
Page 58
Page 59
Page 60
Page 61
Page 62
Page 63
Page 64
Page 65
Page 66
Page 67
Page 68
The Mississippi Lawyer Spring 2015 35 Disbarments Suspensions and Irrevo- cable Resignations Paul E. Winfield of Vicksburg Missis- sippi The Supreme Court of Mississippi Disbarred Mr. Winfield in Cause No. 2013-BD-02079 based upon his guilty plea to the felony of Bribery Concerning Pro- grams Receiving Federal Funds in viola- tion of 18 U.S.C. Section 666 a1B. Mr. Winfield is ineligible to apply for rein- statement to the practice of law. Harvey Curtis Crowley of Madison Mississippi A Complaint Tribunal Disbarred Mr. Crowley for violations of Rules 1.15 a and b and 8.4 a c and d MRPC in Cause No. 2013-B-1688. Mr. Crowley represented two clients in a personal injury case that was referred to him by another attorney for which he and the referring attorney had agreed to share attorney fees. The case settled with the defendants agreeing to pay the medical liens for both clients prior to issuing a check for the remaining portion of each settlement. In both instances the checks were made out to Mr. Crowley and his client and in each case Mr. Crowley deposited the funds into his Lawyer Trust Account without the clients endorsement. Mr. Crowley issued a check to the refer- ring attorney in one case but not the other. Mr. Crowley also did not distribute the funds due to each client in a timely man- ner holding the funds for an extended period of time and allowing the balance on his Lawyer Trust Account to dip below the amounts he was holding on behalf of his clients. Bank statements from that time period show that Mr. Crowley who had sole authority to withdraw funds from his Lawyer Trust Account made sixty-seven 67 transfers from his Lawyer Trust Account to his firms operating account. In all Mr. Crowley converted 161000 in funds that were intended for the benefit of the two clients and the associating attor- ney. While the funds were eventually paid to the clients the remaining attorneys fees due to the associating attorney remain unpaid. Mr. Crowley also failed to keep trust account records. Rule 1.15a MRPC requires attorneys to safekeep client property from their own and to maintain complete trust account records for a period of seven 7 years. Rule 1.15b MRPC requires attorneys to promptly deliver funds held in his or her Lawyer Trust Account to the client or third party for whom the funds are being held. Rule 8.4 a c and d MRPC states that it is professional misconduct to violate the rules of professional conduct or to engage in conduct that is dishonest or prejudicial to the administration of justice. Tadd Parsons of Wiggins Mississippi A Complaint Tribunal Disbarred Mr. Parsons for violations of Rules 1.2a 1.2d 1.3 1.4 8.1b 8.4a 8.4b 8.4c and 8.4d MRPC in Cause No. 2014-B-1122. The office of General Counsel filed a Bar complaint against Mr. Parsons based on information received from a lawyer who represented two of Mr. Parsons former clients. According to the information Mr. Parsons sued a third party defendant fol- lowing a workers comp case but failed to prosecute the claim after the clients work- ers comp case settled. Any settlement the clients would have received would have first been used to offset the workers comp settlement. Mr. Parsons failed to advise the clients their case had been dismissed for lack of prosecution. Approximately 30 months following the dismissal Mr. Parsons represented to his clients that the defendants had offered to settle the cases for approximately 55000 net to the clients. This representation was a fabrica- tion. When the clients pressed him about the settlements he had one of his agents advise them that there was in fact no set- tlement offer. The agent requested the clients to allow Mr. Parsons to pay them 50000 from Mr. Parsons own funds. The agent further advised the clients not to tell the workers comp carrier about the pro- posed settlement with Mr. Parsons law firm to avoid having the funds offset the workers comp settlement. In essence Mr. Parsons requested his clients to engage in insurance fraud. Mr. Parsons failed to respond to the Bar complaint. Further he failed to answer the Formal Complaint. The Complaint Tribunal entered a Default Judgment against Mr. Parsons and dis- barred him. Mr. Parsons had previously been disbarred by a Complaint Tribunal in July 2014 in an unrelated matter. Robert Bryan Ogletree of Brandon Mississippi The Supreme Court of Mis- sissippi affirmed a Complaint Tribu- nals decision to impose a 6 month sus- pension for violations of Rules 1.15a and Rule 8.4 a and d MRPC in Cause No. 2013-TS-1276. A client hired Mr. Ogletree to represent him in a child support modification. Mr. Ogletree requested a 1000 retainer and received 400 from the client as partial payment. Mr. Ogletree did not deposit these funds into his Lawyer Trust Account but instead into his general operating account. The client subsequently terminat- ed Mr. Ogletrees representation at which time Mr. Ogletree wrote the client a 400 check from one of his trust accounts in an effort to refund the client his money. The check was returned for insufficient funds. Mr. Ogletree then refunded the client 440 in cash. After the filing of a Bar Complaint the Committee on Professional Responsibility directed a Formal Complaint be filed. During discovery it was determined that Mr. Ogletrees trust accounts were over- drawn andor checks were returned for insufficient funds on fourteen 14 occa- sions and that Mr. Ogletree had paid busi- ness or personal expenses out of his trust account on five 5 occasions. At trial the Complaint Tribunal imposed a six month suspension which was subsequently up- held by the Supreme Court. Rule 1.15a MRPC requires attorneys to safekeep client property from their own and to maintain complete trust account records for a period of seven 7 years. Rule 8.4 a and d MRPC states that it is professional misconduct to violate the rules of professional conduct or to engage in conduct that is prejudicial to the admin- istration of justice. Eugene T. Holmes of Cumming Geor- gia The Supreme Court of Mississippi accepted Mr. Holmes Irrevocable Resig- nation based upon his voluntary surrender of his license before the Supreme Court of Georgia in Cause No. 2014-BD-1221. Jason T. Zebert of Pearl Mississippi A Complaint Tribunal accepted Mr. Zeberts Irrevocable Resignation in Cause No. 2013-B-102. Final Disciplinary Actions Continued on next page