REINSTATEMENTS Barry Joseph Jewell [#24033546], 57, of Prosper, has filed a petition in the 393rd Judicial Court of Denton County for reinstatement as a member of the State Bar of Texas. BODA On August 22, 2016, the Board of Disciplinary Appeals signed an agreed judgment of fully probated suspension against Pasadena, California, attorney Marlon Brent Messer [#24029725], 41, suspending Messer from the practice of law in Texas for two years; the suspension is stayed and he is placed on probation beginning August 22, 2016, and ending on August 21, 2018. Messer was suspended from the practice of law in North Carolina for two years, with the suspension probated on certain terms and conditions on May 4, 2016, by the Disciplinary Hearing Commission of the North Carolina State Bar through a consent order of discipline in a matter styled, The North Carolina State Bar, Plaintiff, v. Marlon Brent Messer, Defendant, Case No. 15 DHC 53. BODA Cause No. 57979. On October 5, 2016, after hearing oral argument, the Board of Disciplinary Appeals affirmed in part and reversed in part the judgment of partially probated suspension against Killeen attorney Jerry W. Scarbrough [#17717500], 67, signed on April 7, 2015, by the evidentiary panel 08-5 of the State Bar of Texas District 8 Grievance Committee in Case Nos. A0111214896 and A0111214897. The board affirmed the findings of the evidentiary panel that Scarbrough violated Texas Disciplinary Rules of Professional Conduct 3.03(a)(1), 8.04(a)(1), and 8.04(a)(3) and reversed the finding that he violated Rule 3.04(a). The Commission for Lawyer Discipline conceded error on the finding that he violated Rule 3.04(d), and the board reversed that finding. The sanction is reversed, and the matter is remanded to the evidentiary panel for a hearing on the allegations that Scarbrough violated Rules 3.04(a) and 3.04(d) and for a new sanctions hearing. BODA Cause No. 56375. On October 5, 2016, after considering the briefs of the parties and the record, the Board of Disciplinary Appeals affirmed the partially probated suspension against Dallas attorney Robert E. Fitzgerald [#07088700], 66, signed on March 2, 2016, by the evidentiary panel of the State Bar of Texas District 6-1 Grievance Committee in Case No. 201404521. Fitzgerald remains suspended from the practice of law. BODA Cause No. 57404. RESIGNATIONS On August 31, 2016, the Supreme Court of Texas accepted the resignation in lieu of discipline of V. Antonio Aninao [#01264500], 63, of Houston. At the time of his resignation, Aninao had two grievances pending against him. In one instance, upon termination of representation, Aninao failed to take steps to the extent reasonably practicable to protect his client’s interests. Aninao also violated three disciplinary judgments and failed to timely furnish to the Office of Chief Disciplinary Counsel a response or other information as required by the Texas Rules of Disciplinary Procedure. Aninao violated Rules 1.15(d), 8.04(a)(7), and 8.04(a)(8). On August 31, 2016, the Supreme Court of Texas accepted the resignation in lieu of discipline of Jose M. Guerrero [#08581425], 62, of San Antonio. At the time of his resignation, there were three disciplinary actions pending alleging Guerrero failed to communicate with clients, neglected client matters, failed to hold client funds in trust, failed to return unearned fees, violated prior disciplinary judgments, and participated in conduct involving fraud, deceit, or misrepresentation. Guerrero violated Rules 1.01(b)(1), 1.03(a), 1.03(b), 1.14(a), 1.14(b), 1.14(c), 1.15(a)(1), 1.15(d), 8.04(a)(3), 8.04(a)(7), and 8.04(a)(10). He was ordered to pay $5,000 in attorneys’ fees and direct expenses. On August 31, 2016, the Supreme Court of Texas accepted the resignation in lieu of discipline of Alicia R. Martinez [#24014390], 48, of San Antonio. At the time of resignation, there were two disciplinary actions pending alleging Martinez failed to communicate with clients, neglected client matters, failed to hold funds in trust, failed to return unearned fees, and failed to respond to a grievance. Martinez violated Rules 1.01(b)(1), 1.03(a), 1.03(b), 1.14(a), 1.15(d), 8.04(a)(3), and 8.04(a)(8). She was order to pay $750 in restitution. SUSPENSIONS On August 9, 2016, Denver G. McCarty [#13376570], 70, of Corinth, received a three-year partially probated suspension effective September 1, 2016. An evidentiary panel of the District 14 Grievance Committee found that in representing the complainant, McCarty failed to appear at a plea hearing, failed to inform the complainant that his attendance was necessary at the plea hearing, and failed to respond to the grievance. McCarty violated Rules 1.01(b)(1), 1.03(a), and 8.04(a)(8). He was ordered to pay $1,500 in restitution and $1,450 in attorneys’ fees and expenses. PUBLIC REPRIMANDS On August 25, 2016, Zenaida Sanchez [#17573800], 56, of Alice, accepted a judgment of public reprimand. The District 11 Grievance Committee found that Sanchez failed to communicate with a client. Sanchez violated Rule 1.03(a). She was ordered to pay $800 in attorneys’ fees and direct expenses. PRIVATE REPRIMANDS Listed here is a breakdown of Texas Disciplinary Rules of Professional Conduct violations for five attorneys, with the number in parentheses indicating the frequency of violation. Please note that an attorney may be reprimanded for more than one rule violation. 1.01(b)(1)—for neglecting a legal matter entrusted to the lawyer (1). 1.03(a)—for failing to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information (3). 1.03(b)—for failing to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding representation (1). 1.14(c)—for failing to keep funds or other property in which both the lawyer and another person claim interests separate until there is an accounting and severance of their interests (1). • 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.
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